BILL NUMBER: AB 299 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 9, 2007
PASSED THE ASSEMBLY JULY 20, 2007
AMENDED IN SENATE JUNE 11, 2007
INTRODUCED BY Assembly Member Tran
FEBRUARY 9, 2007
An act to amend Sections 650, 725, 1265.1, 1725, 2023.5, 2135.5,
2168.1, 2516, 2533, 2684, 4122, 4162.5, 4181, 4191, 4989.54, 4989.70,
4996.17, 5050.2, 6002.1, 6061, 6071, 6079.1, 6086.65, 6126, 6145,
6321, 6501, 7017.3, 7145.5, 7159, 7159.9, 18711, and 19601 of the
Business and Professions Code, to amend Section 1788.18 of the Civil
Code, to amend Sections 340.7, 1245.245, and 1277 of, and to amend
and renumber the heading of Title 9.3 (commencing with Section 1298)
of Part 3 of, the Code of Civil Procedure, to amend Sections 1157,
15901.02, 15901.10, 15901.16, 15903.03, 15905.06, 15911.12, and
15911.26 of the Corporations Code, to amend Sections 317, 10600,
10601, 10601.5, 15146, 17077.42, 17078.53, 17213, 22950, 24300.2,
32221.5, 33126, 33126.1, 33353, 33354, 33370, 35179, 35900, 35932,
37220, 41207.1, 42238.51, 44041, 44041.5, 44468, 49561, 51221.4,
51251, 51871.5, 52052, 52055.730, 52055.770, 60640, 60900, 87040, and
87040.5 of the Education Code, to amend Sections 782 and 1117 of the
Evidence Code, to amend Sections 177, 216, 291, 1816, 5614, 8623,
8632.5, 8919, and 9205 of the Family Code, to amend Sections 17419
and 22168 of the Financial Code, to amend Sections 5650, 12003.2, and
13007 of the Fish and Game Code, to amend Sections 19348.1, 33251,
33261, 33262, and 33297 of, and to amend and renumber Section 79843
of, the Food and Agricultural Code, to amend Sections 905,
6103.2,7072, 7085.1, 8592.1, 8610, 8880.325, 9359, 9359.1, 12011.5,
13952, 13955, 14995, 16584, 17558.8, 19822.3, 20037.7, 20479, 20636,
21150, 21227, 26744.5, 31485.7, 31485.8, 53343.1, 53635.8, 68661,
69927, 70311, 70359, 70640, 71601, 71615, 71639, 71675, 77003, 77009,
77200, 77201.1, 77202, 77203, 77209, 85316, and 89513 of, to amend
and renumber Section 19632 of, to repeal and amend Section 77201 of,
and to amend the heading of Chapter 8.1 (commencing with Section
8710) of Division 1 of Title 2 of, the Government Code, to amend
Sections 1250.8, 1262.4, 1265.5, 1265.6, 1266.9, 1279.1, 1568.09,
1575.7, 1597.46, 1604.6, 11162.1, 11592, 11773.1, 18080.5, 38505,
43869, 44525.6, 53533, 101965, 106780, 108680, 109280, 110552,
118280, 120155, 120440, 124116.5, 124174, 124900, 127400, 127405,
127410, and 127425 of the Health and Safety Code, to amend Section
1194.82 of the Insurance Code, to amend Section 3201.81 of the Labor
Code, to amend Sections 186.9, 271.5, 290, 295, 298.1, 374.5, 977,
1037.1, 1037.2, and 12082 of the Penal Code, to amend Sections 1458,
2352.5, and 4690 of the Probate Code, to amend Sections 21071 and
22154 of the Public Contract Code, to amend Sections 5096.805,
5096.821, 5097.98, 5645, 6314, 14581, 16053, 21151.8, 21167.6, 25205,
25303, 25310, 25742, 25743, 29735, 30340.5, 42310.3, and 48023 of,
and to amend and renumber the heading of Chapter 12 (commencing with
Section 5860) of Division 5 of, the Public Resources Code, to amend
Sections 303, 399.12, 399.20, 421, 455.1, 7662, 7665.2, 8340, 8341,
and 132610 of the Public Utilities Code, to amend Sections 18766,
18847.3, 19533, 23704.4, and 30182 of the Revenue and Taxation Code,
to amend Sections 97, 97.1, 143, and 149.7 of the Streets and
Highways Code, to amend Sections 5160, 11713.1, 12804.9, 13352,
13352.1, and 13353.2 of the Vehicle Code, to amend Sections 13385,
21100, and 50780.10 of the Water Code, to amend Sections 202, 319,
4094, 9103, 11155.6, 14107.2, 14115, 14123.05, 14166.18, 16540,
16541.5, 16542, 16545, 16809, 16809.3, 18309, 18945, and 18951 of the
Welfare and Institutions Code, to amend Section 17 of the Orange
County Water District Act, and to amend Section 1 of Chapter 34,
Section 1 of Chapter 323, and Section 1 of Chapter 710 of the
Statutes of 2006, relating to the maintenance of the codes.
LEGISLATIVE COUNSEL'S DIGEST
AB 299, Tran. Maintenance of the codes.
Existing law directs the Legislative Counsel to advise the
Legislature from time to time as to legislation necessary to maintain
the codes.
This bill would make technical, nonsubstantive changes in various
provisions of law to effectuate the recommendations made by the
Legislative Counsel to the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 650 of the Business and Professions Code is
amended to read:
650. (a) Except as provided in Chapter 2.3 (commencing with
Section 1400) of Division 2 of the Health and Safety Code, the offer,
delivery, receipt, or acceptance by any person licensed under this
division or the Chiropractic Initiative Act of any rebate, refund,
commission, preference, patronage dividend, discount, or other
consideration, whether in the form of money or otherwise, as
compensation or inducement for referring patients, clients, or
customers to any person, irrespective of any membership, proprietary
interest, or coownership in or with any person to whom these
patients, clients, or customers are referred is unlawful.
(b) The payment or receipt of consideration for services other
than the referral of patients which is based on a percentage of gross
revenue or similar type of contractual arrangement shall not be
unlawful if the consideration is commensurate with the value of the
services furnished or with the fair rental value of any premises or
equipment leased or provided by the recipient to the payer.
(c) The offer, delivery, receipt, or acceptance of any
consideration between a federally qualified health center, as defined
in Section 1396d(l)(2)(B) of Title 42 of the United States Code, and
any individual or entity providing goods, items, services,
donations, loans, or a combination thereof, to the health center
entity pursuant to a contract, lease, grant, loan, or other
agreement, if that agreement contributes to the ability of the health
center entity to maintain or increase the availability, or enhance
the quality, of services provided to a medically underserved
population served by the health center, shall be permitted only to
the extent sanctioned or permitted by federal law.
(d) Except as provided in Chapter 2.3 (commencing with Section
1400) of Division 2 of the Health and Safety Code and in Sections
654.1 and 654.2 of this code, it shall not be unlawful for any person
licensed under this division to refer a person to any laboratory,
pharmacy, clinic (including entities exempt from licensure pursuant
to Section 1206 of the Health and Safety Code), or health care
facility solely because the licensee has a proprietary interest or
coownership in the laboratory, pharmacy, clinic, or health care
facility, provided, however, that the licensee's return on investment
for that proprietary interest or coownership shall be based upon the
amount of the capital investment or proportional ownership of the
licensee, which ownership interest is not based on the number or
value of any patients referred. Any referral excepted under this
section shall be unlawful if the prosecutor proves that there was no
valid medical need for the referral.
(e) (1) Except as provided in Chapter 2.3 (commencing with Section
1400) of Division 2 of the Health and Safety Code and in Sections
654.1 and 654.2 of this code, it shall not be unlawful to provide
nonmonetary remuneration, in the form of hardware, software, or
information technology and training services, necessary and used
solely to receive and transmit electronic prescription information in
accordance with the standards set forth in Section 1860D-4(e) of the
Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (42 U.S.C. Sec. 1395w-104) in the following situations:
(A) In the case of a hospital, by the hospital to members of its
medical staff.
(B) In the case of a group medical practice, by the practice to
prescribing health care professionals that are members of the
practice.
(C) In the case of Medicare prescription drug plan sponsors or
Medicare Advantage organizations, by the sponsor or organization to
pharmacists and pharmacies participating in the network of the
sponsor or organization and to prescribing health care professionals.
(2) The exceptions set forth in this subdivision are adopted to
conform state law with the provisions of Section 1860D-4(e)(6) of the
Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (42 U.S.C. Sec. 1395w-104) and are limited to drugs covered
under Part D of the federal Medicare Program that are prescribed to
Part D eligible individuals (42 U.S.C. Sec. 1395w-101).
(3) The exceptions set forth in this subdivision shall not be
operative until the regulations required to be adopted by the
Secretary of the United States Department of Health and Human
Services, pursuant to Section 1860D-4(e) of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. Sec.
1395W-104) are effective. If the California Health and Human Services
Agency determines that regulations are necessary to ensure that
implementation of the provisions of paragraph (1) is consistent with
the regulations adopted by the Secretary of the United States
Department of Health and Human Services, it shall adopt emergency
regulations to that effect.
(f) "Health care facility" means a general acute care hospital,
acute psychiatric hospital, skilled nursing facility, intermediate
care facility, or any other health facility licensed by the State
Department of Health Services under Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code.
(g) A violation of this section is a public offense and is
punishable upon a first conviction by imprisonment in a county jail
for not more than one year, or by imprisonment in the state prison,
or by a fine not exceeding fifty thousand dollars ($50,000), or by
both that imprisonment and fine. A second or subsequent conviction is
punishable by imprisonment in the state prison or by imprisonment in
the state prison and a fine of fifty thousand dollars ($50,000).
SEC. 2. Section 725 of the Business and Professions Code is
amended to read:
725. (a) Repeated acts of clearly excessive prescribing,
furnishing, dispensing, or administering of drugs or treatment,
repeated acts of clearly excessive use of diagnostic procedures, or
repeated acts of clearly excessive use of diagnostic or treatment
facilities as determined by the standard of the community of
licensees is unprofessional conduct for a physician and surgeon,
dentist, podiatrist, psychologist, physical therapist, chiropractor,
optometrist, speech-language pathologist, or audiologist.
(b) Any person who engages in repeated acts of clearly excessive
prescribing or administering of drugs or treatment is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) nor more than six hundred dollars ($600), or
by imprisonment for a term of not less than 60 days nor more than 180
days, or by both that fine and imprisonment.
(c) A practitioner who has a medical basis for prescribing,
furnishing, dispensing, or administering dangerous drugs or
prescription controlled substances shall not be subject to
disciplinary action or prosecution under this section.
(d) No physician and surgeon shall be subject to disciplinary
action pursuant to this section for treating intractable pain in
compliance with Section 2241.5.
SEC. 3. Section 1265.1 of the Business and Professions Code is
amended to read:
1265.1. (a) A primary care clinic that submits an application to
the State Department of Health Services for clinic licensure pursuant
to subdivision (a) of Section 1204 of the Health and Safety Code may
submit prior to that submission, or concurrent therewith, an
application for licensure or registration of a clinical laboratory to
be operated by the clinic.
(b) An application for licensure of a clinical laboratory
submitted pursuant to this section shall be subject to all applicable
laboratory licensing laws and regulations, including, but not
limited to, any statutory or regulatory timelines and processes for
review of a clinical laboratory application.
SEC. 4. Section 1725 of the Business and Professions Code is
amended to read:
1725. The amount of the fees prescribed by this chapter that
relate to the licensing of dental auxiliaries shall be established by
board resolution and subject to the following limitations:
(a) The application fee for an original license shall not exceed
twenty dollars ($20).
(b) (1) The fee for examination for licensure as a registered
dental assistant shall not exceed fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for the
practical examination.
(2) On and after January 1, 2008, the following fees are
established for registered orthodontic assistants, registered surgery
assistants, registered restorative assistants, and registered dental
assistants:
(A) The fee for application and for the issuance of a license
shall not exceed fifty dollars ($50).
(B) The fee for the practical examination shall not exceed
ninety-five dollars ($95), nor shall it exceed the actual cost of the
examination.
(C) The fee for a written examination shall not exceed eighty
dollars ($80), nor shall it exceed the actual cost of the
examination.
(c) The fee for examination for licensure as a registered dental
assistant in extended functions or a registered restorative assistant
in extended functions shall not exceed two hundred fifty dollars
($250).
(d) The fee for examination for licensure as a registered dental
hygienist shall not exceed two hundred twenty dollars ($220).
(e) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(f) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed two hundred fifty
dollars ($250).
(g) The board shall establish the fee at an amount not to exceed
the actual cost for licensure as a registered dental hygienist in
alternative practice.
(h) The biennial renewal fee for a dental auxiliary whose license
expires on or after January 1, 1991, shall not exceed sixty dollars
($60). On or after January 1, 1992, the board may set the renewal fee
in an amount not to exceed eighty dollars ($80).
(i) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license may be restored only upon payment of all fees, including the
delinquency fee.
(j) The fee for issuance of a duplicate registration, license, or
certificate to replace one that is lost or destroyed, or in the event
of a name change, shall not exceed twenty-five dollars ($25).
(k) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants which are not
accredited by a board-approved agency, the Bureau for Private
Postsecondary and Vocational Education, or the office of the
Chancellor of the California Community Colleges shall not exceed one
thousand four hundred dollars ($1,400).
(l) The fee for each review of radiation safety courses or
specialty registration courses that are not accredited by a
board-approved agency, the Bureau for Private Postsecondary and
Vocational Education, or the office of the Chancellor of the
California Community Colleges shall not exceed three hundred dollars
($300).
(m) No fees or charges other than those listed in subdivisions (a)
to (l), inclusive, shall be levied by the board in connection with
the licensure of dental auxiliaries, registered dental assistants
educational program site evaluations, and radiation safety course
evaluations pursuant to this chapter.
(n) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.
(o) Fees collected pursuant to this section shall be deposited in
the State Dental Auxiliary Fund.
SEC. 5. Section 2023.5 of the Business and Professions Code is
amended to read:
2023.5. (a) The board, in conjunction with the Board of
Registered Nursing, and in consultation with the Physician Assistant
Committee and professionals in the field, shall review issues and
problems surrounding the use of laser or intense light pulse devices
for elective cosmetic procedures by physicians and surgeons, nurses,
and physician assistants. The review shall include, but need not be
limited to, all of the following:
(1) The appropriate level of physician supervision needed.
(2) The appropriate level of training to ensure competency.
(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:
(A) Patient selection.
(B) Patient education, instruction, and informed consent.
(C) Use of topical agents.
(D) Procedures to be followed in the event of complications or
side effects from the treatment.
(E) Procedures governing emergency and urgent care situations.
(b) On or before January 1, 2009, the board and the Board of
Registered Nursing shall promulgate regulations to implement changes
determined to be necessary with regard to the use of laser or intense
pulse light devices for elective cosmetic procedures by physicians
and surgeons, nurses, and physician assistants.
SEC. 6. Section 2135.5 of the Business and Professions Code is
amended to read:
2135.5. Upon review and recommendation, the Division of Licensing
may determine that an applicant for a physician's and surgeon's
certificate has satisfied the medical curriculum requirements of
Section 2089, the clinical instruction requirements of Sections
2089.5 and 2089.7, and the examination requirements of Section 2170
if the applicant meets all of the following criteria:
(a) He or she holds an unlimited and unrestricted license as a
physician and surgeon in another state and has held that license
continuously for a minimum of four years prior to the date of
application.
(b) He or she is certified by a specialty board that is a member
board of the American Board of Medical Specialties.
(c) He or she is not subject to denial of licensure under Division
1.5 (commencing with Section 475) or Article 12 (commencing with
Section 2220).
(d) He or she has not graduated from a medical school that has
been disapproved by the division or that does not provide a resident
course of instruction.
(e) He or she has graduated from a medical school recognized by
the division. If the applicant graduated from a medical school that
the division recognized after the date of the applicant's graduation,
the division may evaluate the applicant under its regulations.
(f) He or she has not been the subject of a disciplinary action by
a medical licensing authority or of an adverse judgment or
settlement resulting from the practice of medicine that, as
determined by the division, constitutes a pattern of negligence or
incompetence.
SEC. 7. Section 2168.1 of the Business and Professions Code is
amended to read:
2168.1. (a) Any person who meets all of the following eligibility
requirements may apply for a special faculty permit:
(1) Is academically eminent. For purposes of this article,
"academically eminent" means the applicant meets either of the
following criteria:
(A) He or she holds or has been offered a full-time appointment at
the level of full professor in a tenure track position, or its
equivalent, at a California medical school approved by the Division
of Licensing.
(B) He or she is clearly outstanding in a specific field of
medicine or surgery and has been offered by the dean of a medical
school in this state a full-time academic appointment at the level of
full professor or associate professor, and a great need exists to
fill that position.
(2) Possesses a current valid license to practice medicine issued
by another state, country, or other jurisdiction.
(3) Is not subject to denial under Section 480 or any provision of
this chapter.
(4) Pays the fee prescribed for application for, and initial
licensure as, a physician and surgeon.
(5) Has not held a position under Section 2113 for a period of two
years or more preceding the date of the application. The Division of
Licensing may, in its discretion, waive this requirement.
(b) The Division of Licensing shall exercise its discretion in
determining whether an applicant satisfies the requirements of
paragraph (1) of subdivision (a).
(c) (1) The division shall establish a review committee comprised
of two members of the division, one of whom shall be a physician and
surgeon and one of whom shall be a public member, and one
representative from each of the medical schools in California. The
committee shall review and make recommendations to the division
regarding the applicants applying pursuant to this section, including
those applicants that a medical school proposes to appoint as a
division chief or head of a department or as nontenure track faculty.
(2) The representative of the medical school offering the
applicant an academic appointment shall not participate in any vote
on the recommendation to the division for that applicant.
SEC. 8. Section 2516 of the Business and Professions Code is
amended to read:
2516. (a) Each licensed midwife who assists, or supervises a
student midwife in assisting, in childbirth that occurs in an
out-of-hospital setting shall annually report to the Office of
Statewide Health Planning and Development. The report shall be
submitted in March, with the first report due in March 2008, for the
prior calendar year, in a form specified by the board and shall
contain all of the following:
(1) The midwife's name and license number.
(2) The calendar year being reported.
(3) The following information with regard to cases in which the
midwife, or the student midwife supervised by the midwife, assisted
during the previous year when the intended place of birth at the
onset of care was an out-of-hospital setting:
(A) The total number of clients served as primary caregiver at the
onset of care.
(B) The total number of clients served with collaborative care
available through, or given by, a licensed physician and surgeon.
(C) The total number of clients served under the supervision of a
licensed physician and surgeon.
(D) The number by county of live births attended as primary
caregiver.
(E) The number, by county, of cases of fetal demise attended as
primary caregiver at the discovery of the demise.
(F) The number of women whose primary care was transferred to
another health care practitioner during the antepartum period, and
the reason for each transfer.
(G) The number, reason, and outcome for each elective hospital
transfer during the intrapartum or postpartum period.
(H) The number, reason, and outcome for each urgent or emergency
transport of an expectant mother in the antepartum period.
(I) The number, reason, and outcome for each urgent or emergency
transport of an infant or mother during the intrapartum or immediate
postpartum period.
(J) The number of planned out-of-hospital births at the onset of
labor and the number of births completed in an out-of-hospital
setting.
(K) The number of planned out-of-hospital births completed in an
out-of-hospital setting that were any of the following:
(i) Twin births.
(ii) Multiple births other than twin births.
(iii) Breech births.
(iv) Vaginal births after the performance of a cesarean section.
(L) A brief description of any complications resulting in the
mortality of a mother or an infant.
(M) Any other information prescribed by the board in regulations.
(b) The Office of Statewide Health Planning and Development shall
maintain the confidentiality of the information submitted pursuant to
this section, and shall not permit any law enforcement or regulatory
agency to inspect or have copies made of the contents of any reports
submitted pursuant to subdivision (a) for any purpose, including,
but not limited to, investigations for licensing, certification, or
regulatory purposes.
(c) The office shall report to the board, by April, those
licensees who have met the requirements of subdivision (a) for that
year.
(d) The board shall send a written notice of noncompliance to each
licensee who fails to meet the reporting requirement of subdivision
(a). Failure to comply with subdivision (a) will result in the
midwife being unable to renew his or her license without first
submitting the requisite data to the Office of Statewide Health
Planning and Development for the year for which that data was missing
or incomplete. The board shall not take any other action against the
licensee for failure to comply with subdivision (a).
(e) The board, in consultation with the office and the Midwifery
Advisory Council, shall devise a coding system related to data
elements that require coding in order to assist in both effective
reporting and the aggregation of data pursuant to subdivision (f).
The office shall utilize this coding system in its processing of
information collected for purposes of subdivision (f).
(f) The office shall report the aggregate information collected
pursuant to this section to the board by July of each year. The board
shall include this information in its annual report to the
Legislature.
(g) Notwithstanding any other provision of law, a violation of
this section shall not be a crime.
SEC. 9. Section 2533 of the Business and Professions Code is
amended to read:
2533. The board may refuse to issue, or issue subject to terms
and conditions, a license on the grounds specified in Section 480, or
may suspend, revoke, or impose terms and conditions upon the license
of any licensee if he or she has been guilty of unprofessional
conduct. Unprofessional conduct shall include, but shall not be
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of a speech-language
pathologist or audiologist, as the case may be. The record of the
conviction shall be conclusive evidence thereof.
(b) Securing a license by fraud or deceit.
(c) (1) The use or administering to himself or herself, of any
controlled substance; (2) the use of any of the dangerous drugs
specified in Section 4022, or of alcoholic beverages, to the extent,
or in a manner as to be dangerous or injurious to the licensee, to
any other person, or to the public, or to the extent that the use
impairs the ability of the licensee to practice speech-language
pathology or audiology safely; (3) more than one misdemeanor or any
felony involving the use, consumption, or self-administration of any
of the substances referred to in this section; or (4) any combination
of paragraphs (1), (2), or (3). The record of the conviction shall
be conclusive evidence of unprofessional conduct.
(d) Advertising in violation of Section 17500. Advertising an
academic degree that was not validly awarded or earned under the laws
of this state or the applicable jurisdiction in which it was issued
is deemed to constitute a violation of Section 17500.
(e) Committing a dishonest or fraudulent act that is substantially
related to the qualifications, functions, or duties of a licensee.
(f) Incompetence or gross negligence in the practice of
speech-language pathology or audiology.
(g) Other acts that have endangered or are likely to endanger the
health, welfare, and safety of the public.
SEC. 10. Section 2684 of the Business and Professions Code is
amended to read:
2684. (a) Notwithstanding Section 2422, any license or approval
for the practice of physical therapy shall expire at midnight on the
last day of the birth month of the licensee or holder of the approval
during the second year of a two-year term, if not renewed.
(b) To renew an unexpired license or approval, the licensee or the
holder of the approval shall, on or before the dates on which it
would otherwise expire, apply for renewal on a form prescribed by the
board, pay the prescribed renewal fee, and submit proof of the
completion of continuing education or competency required by the
board pursuant to Article 6.5 (commencing with Section 2676). The
licensee or holder of the approval shall disclose on his or her
license renewal application any misdemeanor or other criminal offense
for which he or she has been found guilty or to which he or she has
pleaded guilty or no contest.
(c) A license or approval that has expired may be renewed within
five years upon payment of all accrued and unpaid renewal fees and
satisfaction of the requirements described in subdivision (b).
SEC. 11. Section 4122 of the Business and Professions Code is
amended to read:
4122. (a) In every pharmacy there shall be prominently posted in
a place conspicuous to, and readable by, prescription drug consumers
a notice provided by the board concerning the availability of
prescription price information, the possibility of generic drug
product selection, the type of services provided by pharmacies, and a
statement describing patients' rights relative to the requirements
imposed on pharmacists pursuant to Section 733. The format and
wording of the notice shall be adopted by the board by regulation. A
written receipt that contains the required information on the notice
may be provided to consumers as an alternative to posting the notice
in the pharmacy.
(b) A pharmacist, or a pharmacist's employee, shall give the
current retail price for any drug sold at the pharmacy upon request
from a consumer, however that request is communicated to the
pharmacist or employee.
(c) If a requester requests price information on more than five
prescription drugs and does not have valid prescriptions for all of
the drugs for which price information is requested, a pharmacist may
require the requester to meet any or all of the following
requirements:
(1) The request shall be in writing.
(2) The pharmacist shall respond to the written request within a
reasonable period of time. A reasonable period of time is deemed to
be 10 days, or the time period stated in the written request,
whichever is later.
(3) A pharmacy may charge a reasonable fee for each price
quotation, as long as the requester is informed that there will be a
fee charged.
(4) No pharmacy shall be required to respond to more than three
requests as described in this subdivision from any one person or
entity in a six-month period.
(d) This section shall not apply to a pharmacy that is located in
a licensed hospital and that is accessible only to hospital medical
staff and personnel.
(e) Notwithstanding any other provision of this section, no
pharmacy shall be required to do any of the following:
(1) Provide the price of any controlled substance in response to a
telephone request.
(2) Respond to a request from a competitor.
(3) Respond to a request from an out-of-state requester.
SEC. 12. Section 4162.5 of the Business and Professions Code is
amended to read:
4162.5. (a) (1) An applicant for the issuance or renewal of a
nonresident wholesaler license shall submit a surety bond of one
hundred thousand dollars ($100,000), or other equivalent means of
security acceptable to the board, such as an irrevocable letter of
credit, or a deposit in a trust account or financial institution,
payable to the Pharmacy Board Contingent Fund. The purpose of the
surety bond is to secure payment of any administrative fine imposed
by the board and any cost recovery ordered pursuant to Section 125.3.
(2) For purpose of paragraph (1), the board may accept a surety
bond less than one hundred thousand dollars ($100,000) if the annual
gross receipts of the previous tax year for the nonresident
wholesaler is ten million dollars ($10,000,000) or less in which the
surety bond shall be twenty-five thousand dollars ($25,000).
(3) For applicants who satisfy paragraph (2), the board may
require a bond up to one hundred thousand dollars ($100,000) for any
nonresident wholesaler who has been disciplined by any state or
federal agency or has been issued an administrative fine pursuant to
this chapter.
(4) A person to whom an approved new drug application or a
biologics license application has been issued by the United States
Food and Drug Administration who engages in the wholesale
distribution of only the dangerous drug specified in the new drug
application or biologics license application, and is licensed or
applies for licensure as a nonresident wholesaler, shall not be
required to post a surety bond as provided in this section.
(b) The board may make a claim against the bond if the licensee
fails to pay a fine within 30 days of the issuance of the fine or
when the costs become final.
(c) A single surety bond or other equivalent means of security
acceptable to the board shall satisfy the requirement of subdivision
(a) for all licensed sites under common control as defined in Section
4126.5.
(d) This section shall become operative on January 1, 2006, and
shall become inoperative and is repealed on January 1, 2011, unless a
later enacted statute, that is enacted before January 1, 2011,
deletes or extends those dates.
SEC. 13. Section 4181 of the Business and Professions Code is
amended to read:
4181. (a) Prior to the issuance of a clinic license authorized
under Section 4180, the clinic shall comply with all applicable laws
and regulations of the State Department of Health Services relating
to the drug distribution service to ensure that inventories, security
procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation occur in a
manner that is consistent with the promotion and protection of the
health and safety of the public. The policies and procedures to
implement the laws and regulations shall be developed and approved by
the consulting pharmacist, the professional director, and the clinic
administrator.
(b) The dispensing of drugs in a clinic shall be performed only by
a physician, a pharmacist, or other person lawfully authorized to
dispense drugs, and only in compliance with all applicable laws and
regulations.
SEC. 14. Section 4191 of the Business and Professions Code is
amended to read:
4191. (a) Prior to the issuance of a clinic license authorized
under this article, the clinic shall comply with all applicable laws
and regulations of the State Department of Health Services and the
board relating to drug distribution to ensure that inventories,
security procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation are carried
out in a manner that is consistent with the promotion and protection
of the health and safety of the public. The policies and procedures
to implement the laws and regulations shall be developed and approved
by the consulting pharmacist, the professional director, and the
clinic administrator.
(b) The dispensing of drugs in a clinic that has received a
license under this article shall be performed only by a physician, a
pharmacist, or other person lawfully authorized to dispense drugs,
and only in compliance with all applicable laws and regulations.
SEC. 15. Section 4989.54 of the Business and Professions Code is
amended to read:
4989.54. The board may deny a license or may suspend or revoke
the license of a licensee if he or she has been guilty of
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, and duties of an educational psychologist.
(1) The record of conviction shall be conclusive evidence only of
the fact that the conviction occurred.
(2) The board may inquire into the circumstances surrounding the
commission of the crime in order to fix the degree of discipline or
to determine if the conviction is substantially related to the
qualifications, functions, or duties of a licensee under this
chapter.
(3) A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee under this chapter
shall be deemed to be a conviction within the meaning of this
section.
(4) The board may order a license suspended or revoked, or may
decline to issue a license when the time for appeal has elapsed, or
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw a plea of guilty and
enter a plea of not guilty or setting aside the verdict of guilty or
dismissing the accusation, information, or indictment.
(b) Securing a license by fraud, deceit, or misrepresentation on
an application for licensure submitted to the board, whether engaged
in by an applicant for a license or by a licensee in support of an
application for licensure.
(c) Administering to himself or herself a controlled substance or
using any of the dangerous drugs specified in Section 4022 or an
alcoholic beverage to the extent, or in a manner, as to be dangerous
or injurious to himself or herself or to any other person or to the
public or to the extent that the use impairs his or her ability to
safely perform the functions authorized by the license.
(d) Conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in subdivision (c) or any combination thereof.
(e) Advertising in a manner that is false, misleading, or
deceptive.
(f) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
(g) Commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee.
(h) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States or by any other governmental
agency, on a license, certificate, or registration to practice
educational psychology or any other healing art. A certified copy of
the disciplinary action, decision, or judgment shall be conclusive
evidence of that action.
(i) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or marriage and family therapist.
(j) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
(k) Gross negligence or incompetence in the practice of
educational psychology.
() Misrepresentation as to the type or status of a license held by
the licensee or otherwise misrepresenting or permitting
misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
(m) Intentionally or recklessly causing physical or emotional harm
to any client.
(n) Engaging in sexual relations with a client or a former client
within two years following termination of professional services,
soliciting sexual relations with a client, or committing an act of
sexual abuse or sexual misconduct with a client or committing an act
punishable as a sexually related crime, if that act or solicitation
is substantially related to the qualifications, functions, or duties
of a licensed educational psychologist.
(o) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services or the basis upon which that fee will be
computed.
(p) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients.
(q) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
(r) Performing, holding himself or herself out as being able to
perform, or offering to perform any professional services beyond the
scope of the license authorized by this chapter or beyond his or her
field or fields of competence as established by his or her education,
training, or experience.
(s) Reproducing or describing in public, or in any publication
subject to general public distribution, any psychological test or
other assessment device the value of which depends in whole or in
part on the naivete of the subject in ways that might invalidate the
test or device. An educational psychologist shall limit access to the
test or device to persons with professional interests who can be
expected to safeguard its use.
(t) Aiding or abetting an unlicensed person to engage in conduct
requiring a license under this chapter.
(u) When employed by another person or agency, encouraging, either
orally or in writing, the employer's or agency's clientele to
utilize his or her private practice for further counseling without
the approval of the employing agency or administration.
(v) Failing to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
(w) Failing to comply with the elder and adult dependent abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
SEC. 16. Section 4989.70 of the Business and Professions Code is
amended to read:
4989.70. The board shall report each month to the Controller the
amount and source of all revenue received pursuant to this chapter
and at the same time pay the entire amount thereof into the State
Treasury for credit to the Behavioral Sciences Fund.
SEC. 17. Section 4996.17 of the Business and Professions Code is
amended to read:
4996.17. (a) Experience gained outside of California shall be
accepted toward the licensure requirements if it is substantially the
equivalent of the requirements of this chapter.
(b) The board may issue a license to any person who, at the time
of application, has held a valid active clinical social work license
issued by a board of clinical social work examiners or corresponding
authority of any state, if the person passes the board administered
licensing examinations as specified in Section 4996.1 and pays the
required fees. Issuance of the license is conditioned upon all of the
following:
(1) The applicant has supervised experience that is substantially
the equivalent of that required by this chapter. If the applicant has
less than 3,200 hours of qualifying supervised experience, time
actively licensed as a clinical social worker shall be accepted at a
rate of 100 hours per month up to a maximum of 1,200 hours.
(2) Completion of the following coursework or training in or out
of this state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant shall provide a certification from each state
where he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
(c) The board may issue a license to any person who, at the time
of application, has held a valid, active clinical social work license
for a minimum of four years, issued by a board of clinical social
work examiners or a corresponding authority of any state, if the
person passes the board administered licensing examinations as
specified in Section 4996.1 and pays the required fees. Issuance of
the license is conditioned upon all of the following:
(1) Completion of the following coursework or training in or out
of state:
(A) A minimum of seven contact hours of training or coursework in
child abuse assessment and reporting as specified in Section 28, and
any regulations promulgated thereunder.
(B) A minimum of 10 contact hours of training or coursework in
human sexuality as specified in Section 25, and any regulations
promulgated thereunder.
(C) A minimum of 15 contact hours of training or coursework in
alcoholism and other chemical substance dependency, as specified by
regulation.
(D) A minimum of 15 contact hours of coursework or training in
spousal or partner abuse assessment, detection, and intervention
strategies.
(2) The applicant has been licensed as a clinical social worker
continuously for a minimum of four years prior to the date of
application.
(3) The applicant's license is not suspended, revoked, restricted,
sanctioned, or voluntarily surrendered in any state.
(4) The applicant is not currently under investigation in any
other state, and has not been charged with an offense for any act
substantially related to the practice of social work by any public
agency, entered into any consent agreement or been subject to an
administrative decision that contains conditions placed by an agency
upon an applicant's professional conduct or practice, including any
voluntary surrender of license, or been the subject of an adverse
judgment resulting from the practice of social work that the board
determines constitutes evidence of a pattern of incompetence or
negligence.
(5) The applicant provides a certification from each state where
he or she holds a license pertaining to licensure, disciplinary
action, and complaints pending.
(6) The applicant is not subject to denial of licensure under
Section 480, 4992.3, 4992.35, or 4992.36.
SEC. 18. Section 5050.2 of the Business and Professions Code is
amended to read:
5050.2. (a) The board may revoke, suspend, issue a fine pursuant
to Article 6.5 (commencing with Section 5116), or otherwise restrict
or discipline the holder of an authorization to practice under
subdivision (b) or (c) of Section 5050, subdivision (a) of Section
5054, or Section 5096.12 for any act that would be a violation of
this code or grounds for discipline against a licensee or holder of a
practice privilege, or grounds for denial of a license or practice
privilege under this code. The provisions of the Administrative
Procedure Act, including, but not limited to, the commencement of a
disciplinary proceeding by the filing of an accusation by the board
shall apply to this section. Any person whose authorization to
practice under subdivision (b) or (c) of Section 5050, subdivision
(a) of Section 5054, or Section 5096.12 has been revoked may apply
for reinstatement of the authorization to practice under subdivision
(b) or (c) of Section 5050, subdivision (b) of Section 5054, or
Section 5096.12 not less than one year after the effective date of
the board's decision revoking the authorization to practice unless a
longer time, not to exceed three years, is specified in the board's
decision revoking the authorization to practice.
(b) The board may administratively suspend the authorization of
any person to practice under subdivision (b) or (c) of Section 5050,
subdivision (a) of Section 5054, or Section 5096.12 for any act that
would be grounds for administrative suspension under Section 5096.4
utilizing the procedures set forth in that section.
SEC. 19. Section 6002.1 of the Business and Professions Code is
amended to read:
6002.1. (a) A member of the State Bar shall maintain all of the
following on the official membership records of the State Bar:
(1) The member's current office address and telephone number or,
if no office is maintained, the address to be used for State Bar
purposes or purposes of the agency charged with attorney discipline.
(2) All specialties in which the member is certified.
(3) Any other jurisdictions in which the member is admitted and
the dates of his or her admission.
(4) The jurisdiction, and the nature and date of any discipline
imposed by another jurisdiction, including the terms and conditions
of any probation imposed, and, if suspended or disbarred in another
jurisdiction, the date of any reinstatement in that jurisdiction.
(5) Any other information as may be required by agreement with or
by conditions of probation imposed by the agency charged with
attorney discipline.
A member shall notify the membership records office of the State
Bar of any change in the information required by paragraphs (1), (4),
and (5) within 30 days of the change and of any change in the
information required by paragraphs (2) and (3) on or before the first
day of February of each year.
(b) Every former member of the State Bar who has been ordered by
the Supreme Court to comply with Rule 9.20 of the California Rules of
Court shall maintain on the official membership records of the State
Bar the former member's current address and, within 10 days after
any change therein, shall file a change of address with the
membership records office of the State Bar until the former member is
no longer subject to the order.
(c) The notice initiating a proceeding conducted under this
chapter may be served upon the member or former member of the State
Bar to whom it is directed by certified mail, return receipt
requested, addressed to the member or former member at the latest
address shown on the official membership records of the State Bar.
The service is complete at the time of the mailing but any prescribed
period of notice and any right or duty to do any act or make any
response within any prescribed period or on a date certain after the
notice is served by mail shall be extended five days if the place of
address is within the State of California, 10 days if the place of
address is outside the State of California but within the United
States, and 20 days if the place of address is outside the United
States. A member of the State Bar or former member may waive the
requirements of this subdivision and may, with the written consent of
another member of the State Bar, designate that other member to
receive service of any notice or papers in any proceeding conducted
under this chapter.
(d) The State Bar shall not make available to the general public
the information specified in paragraph (5) of subdivision (a) unless
that information is required to be made available by a condition of
probation. That information is, however, available to the State Bar,
the Supreme Court, or the agency charged with attorney discipline.
(e) The State Bar may develop a prescribed form for the making of
reports required by this section, usage of which it may require by
rule or regulation.
SEC. 20. Section 6061 of the Business and Professions Code is
amended to read:
6061. Any law school that is not accredited by the examining
committee of the State Bar shall provide every student with a
disclosure statement, subsequent to the payment of any application
fee but prior to the payment of any registration fee, containing all
of the following information:
(a) The school is not accredited. However, in addition, if the
school has been approved by other agencies, that fact may be so
stated.
(b) Where the school has not been in operation for 10 years, the
assets and liabilities of the school. However, if the school has had
prior affiliation with another school that has been in operation more
than 10 years, has been under the control of another school that has
been in operation more than 10 years, or has been a successor to a
school in operation more than 10 years, this subdivision is not
applicable.
(c) The number and percentage of students who have taken and who
have passed the first-year law student's examination and the final
bar examination in the previous five years, or since the
establishment of the school, whichever time is less, which shall
include only those students who have been certified by the school to
take the examinations.
(d) The number of legal volumes in the library. This subdivision
does not apply to correspondence schools.
(e) The educational background, qualifications, and experience of
the faculty, and whether or not the faculty members and
administrators (e.g., the dean) are members of the California State
Bar.
(f) The ratio of faculty to students for the previous five years
or since the establishment of the school, whichever time is less.
(g) Whether or not the school has applied for accreditation, and,
if so, the date of application and whether or not that application
has been withdrawn, is currently pending, or has been finally denied.
The school need only disclose information relating to applications
made in the previous five years.
(h) That the education provided by the school may not satisfy the
requirements of other states for the practice of law. Applicants
should inquire regarding those requirements, if any, to the state in
which they may wish to practice.
The disclosure statement required by this section shall be signed
by each student, who shall receive as a receipt a copy of his or her
signed disclosure statement. If any school does not comply with these
requirements, it shall make a full refund of all fees paid by
students.
Subject to approval by the board, the examining committee may
adopt reasonable rules and regulations as are necessary for the
purpose of ensuring compliance with this section.
SEC. 21. Section 6071 of the Business and Professions Code is
amended to read:
6071. (a) The State Bar shall request the California Supreme
Court to amend Rule 9.31 of the California Rules of Court, relating
to the mandatory continuing education program, to provide that one
hour of the mandatory eight hours of legal education activities in
legal ethics or law practice management, instead, may be satisfied by
one hour of legal education activity in the civil and criminal
remedies available for civil rights violations.
(b) This section shall not affect the requirement that all active
members of the State Bar complete at least four hours of legal
education activity in ethics within designated 36-month periods.
SEC. 22. Section 6079.1 of the Business and Professions Code is
amended to read:
6079.1. (a) The Supreme Court shall appoint a presiding judge of
the State Bar Court. In addition, five hearing judges shall be
appointed, two by the Supreme Court, one by the Governor, one by the
Senate Committee on Rules, and one by the Speaker of the Assembly, to
efficiently decide any and all regulatory matters pending before the
Hearing Department of the State Bar Court. The presiding judge and
all other judges of that department shall be appointed for a term of
six years and may be reappointed for additional six-year terms. Any
judge appointed under this section shall be subject to admonition,
censure, removal, or retirement by the Supreme Court upon the same
grounds as provided for judges of courts of record of this state.
(b) Judges of the State Bar Court appointed under this section
shall not engage in the private practice of law. The State Bar Court
shall be broadly representative of the ethnic, sexual, and racial
diversity of the population of California and composed in accordance
with Sections 11140 and 11141 of the Government Code. Each judge:
(1) Shall have been a member of the State Bar for at least five
years.
(2) Shall not have any record of the imposition of discipline as
an attorney in California or any other jurisdiction.
(3) Shall meet any other requirements as may be established by
subdivision (d) of Section 12011.5 of the Government Code.
(c) Applicants for appointment or reappointment as a State Bar
Court judge shall be screened by an applicant evaluation committee as
directed by the Supreme Court. The committee, appointed by the
Supreme Court, shall submit evaluations and recommendations to the
appointing authority and the Supreme Court as provided in Rule 9.11
of the California Rules of Court, or as otherwise directed by the
Supreme Court. The committee shall submit no fewer than three
recommendations for each available position.
(d) For judges appointed pursuant to this section or Section
6086.65, the board shall fix and pay reasonable compensation and
expenses and provide adequate supporting staff and facilities.
Hearing judges shall be paid 91.3225 percent of the salary of a
superior court judge. The presiding judge shall be paid the same
salary as a superior court
judge.
(e) From among the members of the State Bar or retired judges, the
Supreme Court or the board may appoint pro tempore judges to decide
matters in the Hearing Department of the State Bar Court when a judge
of the State Bar Court is unavailable to serve without undue delay
to the proceeding. Subject to modification by the Supreme Court, the
board may set the qualifications, terms, and conditions of service
for pro tempore judges and may, in its discretion, compensate some or
all of them out of funds appropriated by the board for this purpose.
(f) A judge or pro tempore judge appointed under this section
shall hear every regulatory matter pending in the Hearing Department
of the State Bar Court as to which the taking of testimony or
offering of evidence at trial has not commenced, and when so
assigned, shall sit as the sole adjudicator, except for rulings that
are to be made by the presiding judge of the State Bar Court or
referees of other departments of the State Bar Court.
(g) Any judge or pro tempore judge of the State Bar Court as well
as any employee of the State Bar assigned to the State Bar Court
shall have the same immunity that attaches to judges in judicial
proceedings in this state. Nothing in this subdivision limits or
alters the immunities accorded the State Bar, its officers and
employees, or any judge or referee of the State Bar Court as they
existed prior to January 1, 1989. This subdivision does not
constitute a change in, but is cumulative with, existing law.
(h) Nothing in this section shall be construed to prohibit the
board from appointing persons to serve without compensation to
arbitrate fee disputes under Article 13 (commencing with Section
6200) or to monitor the probation of a member of the State Bar,
whether those appointed under Section 6079, as added by Chapter 1114
of the Statutes of 1986, serve in the State Bar Court or otherwise.
SEC. 23. Section 6086.65 of the Business and Professions Code is
amended to read:
6086.65. (a) There is a Review Department of the State Bar Court,
that consists of the Presiding Judge of the State Bar Court and two
Review Department judges appointed by the Supreme Court. The judges
of the Review Department shall be nominated, appointed, and subject
to discipline as provided by subdivision (a) of Section 6079.1, shall
be qualified as provided by subdivision (b) of Section 6079.1, and
shall be compensated as provided for the presiding judge by
subdivision (d) of Section 6079.1. However, the two Review Department
judges may be appointed to, and paid as, positions occupying
one-half the time and pay of the presiding judge. Candidates shall be
rated and screened pursuant to Rule 9.11 of the California Rules of
Court or as otherwise directed by the Supreme Court.
(b) The Presiding Judge of the State Bar Court shall appoint an
Executive Committee of the State Bar Court of no fewer than seven
persons, including one person who has never been a member of the
State Bar or admitted to practice law before any court in the United
States. The Executive Committee may adopt rules of practice for the
operation of the State Bar Court as provided in Section 6086.5.
(c) Any decision or order reviewable by the Review Department and
issued by a judge of the State Bar Court appointed pursuant to
Section 6079.1 may be reviewed only upon timely request of a party to
the proceeding and not on the Review Department's own motion. The
standard to be applied by the Review Department in reviewing a
decision, order, or ruling by a hearing judge fully disposing of a
proceeding is established in Rule 9.12 of the California Rules of
Court, or as otherwise directed by the Supreme Court.
SEC. 24. Section 6126 of the Business and Professions Code is
amended to read:
6126. (a) Any person advertising or holding himself or herself
out as practicing or entitled to practice law or otherwise practicing
law who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is guilty of a misdemeanor punishable
by up to one year in a county jail or by a fine of up to one thousand
dollars ($1,000), or by both that fine and imprisonment. Upon a
second or subsequent conviction, the person shall be confined in a
county jail for not less than 90 days, except in an unusual case
where the interests of justice would be served by imposition of a
lesser sentence or a fine. If the court imposes only a fine or a
sentence of less than 90 days for a second or subsequent conviction
under this subdivision, the court shall state the reasons for its
sentencing choice on the record.
(b) Any person who has been involuntarily enrolled as an inactive
member of the State Bar, or has been suspended from membership from
the State Bar, or has been disbarred, or has resigned from the State
Bar with charges pending, and thereafter practices or attempts to
practice law, advertises or holds himself or herself out as
practicing or otherwise entitled to practice law, is guilty of a
crime punishable by imprisonment in the state prison or a county
jail. However, any person who has been involuntarily enrolled as an
inactive member of the State Bar pursuant to paragraph (1) of
subdivision (e) of Section 6007 and who knowingly thereafter
practices or attempts to practice law, or advertises or holds himself
or herself out as practicing or otherwise entitled to practice law,
is guilty of a crime punishable by imprisonment in the state prison
or a county jail.
(c) The willful failure of a member of the State Bar, or one who
has resigned or been disbarred, to comply with an order of the
Supreme Court to comply with Rule 9.20 of the California Rules of
Court, constitutes a crime punishable by imprisonment in the state
prison or a county jail.
(d) The penalties provided in this section are cumulative to each
other and to any other remedies or penalties provided by law.
SEC. 25. Section 6145 of the Business and Professions Code is
amended to read:
6145. (a) The board shall engage the services of an independent
national or regional public accounting firm with at least five years
of experience in governmental auditing for an audit of its financial
statement for each fiscal year. The financial statement shall be
promptly certified under oath by the Treasurer of the State Bar, and
a copy of the audit and financial statement shall be submitted within
120 days of the close of the fiscal year to the board, to the Chief
Justice of the Supreme Court, and to the Assembly and Senate
Committees on Judiciary.
The audit shall examine the receipts and expenditures of the State
Bar and the State Bar sections to ensure that the receipts of the
sections are being applied, and their expenditures are being made, in
compliance with subdivision (a) of Section 6031.5, and that the
receipts of the sections are applied only to the work of the
sections.
The audit also shall examine the receipts and expenditures of the
State Bar to ensure that the funds collected on behalf of the
Conference of Delegates of California Bar Associations as the
independent successor entity to the former Conference of Delegates of
the State Bar are conveyed to that entity, that the State Bar has
been paid or reimbursed for the full cost of any administrative and
support services provided to the successor entity, including the
collection of fees or donations on its behalf, and that no mandatory
dues are being used to fund the activities of the successor entity.
In selecting the accounting firm, the board shall consider the
value of continuity, along with the risk that continued long-term
engagements of an accounting firm may affect the independence of that
firm.
(b) The board shall contract with the Bureau of State Audits to
conduct a performance audit of the State Bar's operations from July
1, 2000, to December 31, 2000, inclusive. A copy of the performance
audit shall be submitted by May 1, 2001, to the board, to the Chief
Justice of the Supreme Court, and to the Assembly and Senate
Committees on Judiciary.
Every two years thereafter, the board shall contract with the
Bureau of State Audits to conduct a performance audit of the State
Bar's operations for the respective fiscal year, commencing with
January 1, 2002, to December 31, 2002, inclusive. A copy of the
performance audit shall be submitted within 120 days of the close of
the fiscal year for which the audit was performed to the board, to
the Chief Justice of the Supreme Court, and to the Assembly and
Senate Committees on Judiciary.
For the purposes of this subdivision, the Bureau of State Audits
may contract with a third party to conduct the performance audit.
This subdivision is not intended to reduce the number of audits the
Bureau of State Audits may otherwise be able to conduct.
SEC. 26. Section 6321 of the Business and Professions Code is
amended to read:
6321. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees to the law library fund in each county in the amounts described
in this section and Section 6322.1. From each first paper filing fee
as provided under Section 70611, 70612, 70613, 70614, or 70670 of the
Government Code, each first paper or petition filing fee in a
probate matter as provided under Section 70650, 70651, 70652, 70653,
70654, 70655, 70656, or 70658 of the Government Code, Section 103470
of the Health and Safety Code, or Section 7660 of the Probate Code,
each filing fee for a small claims or limited civil case appeal as
provided under Section 116.760 of the Code of Civil Procedure or
Section 70621 of the Government Code, and each vehicle forfeiture
petition fee as provided under subdivision (e) of Section 14607.6 of
the Vehicle Code, that is collected in each of the following
counties, the amount indicated in this subdivision shall be paid to
the law library fund in that county:
Jurisdiction Amount
Alameda........................ $31.00
Alpine......................... 4.00
Amador......................... 20.00
Butte.......................... 29.00
Calaveras...................... 26.00
Colusa......................... 17.00
Contra Costa................... 29.00
Del Norte...................... 20.00
El Dorado...................... 26.00
Fresno......................... 31.00
Glenn.......................... 20.00
Humboldt....................... 40.00
Imperial....................... 20.00
Inyo........................... 20.00
Kern........................... 21.00
Kings.......................... 23.00
Lake........................... 23.00
Lassen......................... 25.00
Los Angeles.................... 18.00
Madera......................... 26.00
Marin.......................... 32.00
Mariposa....................... 27.00
Mendocino...................... 26.00
Merced......................... 23.00
Modoc.......................... 20.00
Mono........................... 20.00
Monterey....................... 25.00
Napa........................... 20.00
Nevada......................... 23.00
Orange......................... 29.00
Placer......................... 29.00
Plumas......................... 20.00
Riverside...................... 26.00
Sacramento..................... 44.00
San Benito..................... 20.00
San Bernardino................. 23.00
San Diego...................... 35.00
San Francisco.................. 36.00
San Joaquin.................... 23.00
San Luis Obispo................ 31.00
San Mateo...................... 32.50
Santa Barbara.................. 35.00
Santa Clara.................... 26.00
Santa Cruz..................... 29.00
Shasta......................... 20.00
Sierra......................... 20.00
Siskiyou....................... 26.00
Solano......................... 26.00
Sonoma......................... 29.00
Stanislaus..................... 18.00
Sutter......................... 7.00
Tehama......................... 20.00
Trinity........................ 20.00
Tulare......................... 29.00
Tuolumne....................... 20.00
Ventura........................ 26.00
Yolo........................... 29.00
Yuba........................... 7.00
(b) If a board of supervisors in any county acted before January
1, 2006, to increase the law library fee in that county effective
January 1, 2006, the amount distributed to the law library fund in
that county under subdivision (a) shall be increased by the amount
that the board of supervisors acted to increase the fee, up to three
dollars ($3). Notwithstanding subdivision (b) of Section 6322.1, as
it read on January 1, 2005, the maximum increase permitted under this
subdivision in Los Angeles County is three dollars ($3), rather than
two dollars ($2).
SEC. 27. Section 6501 of the Business and Professions Code is
amended to read:
6501. As used in this chapter, the following terms have the
following meanings:
(a) "Act" means this chapter.
(b) "Bureau" means the Professional Fiduciaries Bureau within the
Department of Consumer Affairs, established pursuant to Section 6510.
(c) "Client" means an individual who is served by a professional
fiduciary.
(d) "Department" means the Department of Consumer Affairs.
(e) "Licensee" means a person who is licensed under this chapter
as a professional fiduciary.
(f) "Professional fiduciary" means a person who acts as a
conservator or guardian for two or more persons at the same time who
are not related to the professional fiduciary or to each other by
blood, adoption, marriage, or registered domestic partnership.
"Professional fiduciary" also means a person who acts as a trustee,
agent under a durable power of attorney for health care, or agent
under a durable power of attorney for finances, for more than three
people or more than three families, or a combination of people and
families that totals more than three, at the same time, who are not
related to the professional fiduciary by blood, adoption, marriage,
or registered domestic partnership. "Professional fiduciary" does not
include any of the following:
(1) A trust company, as defined in Section 83 of the Probate Code.
(2) An FDIC-insured institution, or its holding companies,
subsidiaries, or affiliates. For the purposes of this paragraph,
"affiliate" means any entity that shares an ownership interest with,
or that is under the common control of, the FDIC-insured institution.
(3) A person employed by an entity described in paragraph (1) or
(2) who is acting in the course and scope of that employment.
(4) Any public officer or public agency, including the public
guardian, public conservator, or other agency of the State of
California or of a county of California, when that public officer or
public agency is acting in the course and scope of official duties,
or any regional center for persons with developmental disabilities,
as defined in Section 4620 of the Welfare and Institutions Code.
(5) Any person whose sole activity as a professional fiduciary is
as a broker-dealer, broker-dealer agent, investment adviser
representative registered and regulated under the Corporate
Securities Law of 1968 (Division 1 (commencing with Section 25000) of
Title 4 of the Corporations Code), the Investment Advisers Act of
1940 (15 U.S.C. Sec. 80b-1 et seq.), or the Securities Exchange Act
of 1934 (15 U.S.C. Sec. 78a et seq.), or involves serving as a
trustee to a company regulated by the Securities and Exchange
Commission under the Investment Company Act of 1940 (15 U.S.C. Sec.
80a-1 et seq.).
(g) "Committee" means the Professional Fiduciaries Advisory
Committee, as established pursuant to Section 6511.
SEC. 28. Section 7017.3 of the Business and Professions Code is
amended to read:
7017.3. The Contractors' State License Board shall report
annually to the Legislature, not later than October 1 of each year,
the following statistical information for the prior fiscal year. The
following data shall be reported on complaints filed with the board
against licensed contractors, registered home improvement
salespersons, and unlicensed persons acting as licensees or
registrants:
(a) The number of complaints received by the board categorized by
source, such as public, trade, profession, government agency, or
board-initiated, and by type of complaint, such as licensee or
nonlicensee.
(b) The number of complaints closed prior to referral for field
investigation, categorized by the reason for the closure, such as
settled, referred for mandatory arbitration, or referred for
voluntary arbitration.
(c) The number of complaints referred for field investigation
categorized by the type of complaint, such as licensee or
nonlicensee.
(d) The number of complaints closed after referral for field
investigation categorized by the reason for the closure, such as
settled, referred for mandatory arbitration, or referred for
voluntary arbitration.
(e) For the board's Intake/Mediation Center and the board's
Investigation Center closures, respectively, the total number of
complaints closed prior to a field investigation per consumer
services representative, and the total number of complaints closed
after referral for a field investigation per enforcement
representative. Additionally, the board shall report the total number
of complaints closed by other board staff during the year.
(f) The number of complaints pending at the end of the fiscal year
grouped in 90-day increments, and the percentage of total complaints
pending, represented by the number of complaints in each grouping.
(g) The number of citations issued to licensees categorized by the
type of citation such as order of correction only or order of
correction and fine, and the number of citations issued to licensees
that were vacated or withdrawn.
(h) The number of citations issued to nonlicensees and the number
of these citations that were vacated or withdrawn.
(i) The number of complaints referred to a local prosecutor for
criminal investigation or prosecution, the number of complaints
referred to the Attorney General for the filing of an accusation, and
the number of complaints referred to both a local prosecutor and the
Attorney General, categorized by type of complaint, such as licensee
and nonlicensee.
(j) Actions taken by the board, including, but not limited to, the
following:
(1) The number of disciplinary actions categorized by type, such
as revocations or suspensions, categorized by whether the
disciplinary action resulted from an accusation, failure to comply
with a citation, or failure to comply with an arbitration award.
(2) The number of accusations dismissed or withdrawn.
(k) For subdivisions (g) and (j), the number of cases containing
violations of Sections 7121 and 7121.5, and paragraph (5) of
subdivision (a) of Section 7159.5, categorized by section.
() The number of interim suspension orders sought, the number of
interim suspension orders granted, the number of temporary
restraining orders sought, and the number of temporary restraining
orders granted.
(m) The amount of cost recovery ordered and the amount collected.
(n) Case aging data, including data for each major stage of the
enforcement process, including the following:
(1) The average number of days from the filing of a complaint to
its closure by the board's Intake/Mediation Center prior to the
referral for an investigation categorized by the type of complaint,
such as licensee or nonlicensee.
(2) The average number of days from the referral of a complaint
for an investigation to its closure by the Investigation Center
categorized by the type of complaint, such as licensee or
nonlicensee.
(3) The average number of days from the filing of a complaint to
the referral of the completed investigation to the Attorney General.
(4) The average number of days from the referral of a completed
investigation to the Attorney General to the filing of an accusation
by the Attorney General.
(5) The average number of days from the filing of an accusation to
the first hearing date or date of a stipulated settlement.
(6) The average number of days from the receipt of the
Administrative Law Judge's proposed decision to the registrar's final
decision.
SEC. 29. Section 7145.5 of the Business and Professions Code is
amended to read:
7145.5. (a) The registrar may refuse to issue, reinstate,
reactivate, or renew a license or may suspend a license for the
failure of a licensee to resolve all outstanding final liabilities,
which include taxes, additions to tax, penalties, interest, and any
fees that may be assessed by the board, the Department of Industrial
Relations, the Employment Development Department, or the Franchise
Tax Board.
(1) Until the debts covered by this section are satisfied, the
qualifying person and any other personnel of record named on a
license that has been suspended under this section shall be
prohibited from serving in any capacity that is subject to licensure
under this chapter, but shall be permitted to act in the capacity of
a nonsupervising bona fide employee.
(2) The license of any other renewable licensed entity with any of
the same personnel of record that have been assessed an outstanding
liability covered by this section shall be suspended until the debt
has been satisfied or until the same personnel of record disassociate
themselves from the renewable licensed entity.
(b) The refusal to issue a license or the suspension of a license
as provided by this section shall be applicable only if the registrar
has mailed a notice preliminary to the refusal or suspension that
indicates that the license will be refused or suspended by a date
certain. This preliminary notice shall be mailed to the licensee at
least 60 days before the date certain.
(c) In the case of outstanding final liabilities assessed by the
Franchise Tax Board, this section shall be operative within 60 days
after the Contractors' State License Board has provided the Franchise
Tax Board with the information required under Section 30, relating
to licensing information that includes the federal employee
identification number or social security number.
(d) All versions of the application for contractors' licenses
shall include, as part of the application, an authorization by the
applicant, in the form and manner mutually agreeable to the Franchise
Tax Board and the board, for the Franchise Tax Board to disclose the
tax information that is required for the registrar to administer
this section. The Franchise Tax Board may from time to time audit
these authorizations.
SEC. 30. Section 7159 of the Business and Professions Code is
amended to read:
7159. (a) (1) This section identifies the projects for which a
home improvement contract is required, outlines the contract
requirements, and lists the items that shall be included in the
contract, or may be provided as an attachment.
(2) This section does not apply to service and repair contracts
that are subject to Section 7159.10, if the contract for the
applicable services complies with Sections 7159.10 to 7159.14,
inclusive.
(3) This section does not apply to the sale, installation, and
servicing of a fire alarm sold in conjunction with an alarm system,
as defined in subdivision (n) of Section 7590.1, if all costs
attributable to making the fire alarm system operable, including sale
and installation costs, do not exceed five hundred dollars ($500),
and the licensee complies with the requirements set forth in Section
7159.9.
(4) This section does not apply to any costs associated with
monitoring a burglar or fire alarm system.
(5) Failure by the licensee, his or her agent or salesperson, or
by a person subject to be licensed under this chapter, to provide the
specified information, notices, and disclosures in the contract, or
to otherwise fail to comply with any provision of this section, is
cause for discipline.
(b) For purposes of this section, "home improvement contract"
means an agreement, whether oral or written, or contained in one or
more documents, between a contractor and an owner or between a
contractor and a tenant, regardless of the number of residence or
dwelling units contained in the building in which the tenant resides,
if the work is to be performed in, to, or upon the residence or
dwelling unit of the tenant, for the performance of a home
improvement, as defined in Section 7151, and includes all labor,
services, and materials to be furnished and performed thereunder, if
the aggregate contract price specified in one or more improvement
contracts, including all labor, services, and materials to be
furnished by the contractor, exceeds five hundred dollars ($500).
"Home improvement contract" also means an agreement, whether oral or
written, or contained in one or more documents, between a
salesperson, whether or not he or she is a home improvement
salesperson, and an owner or a tenant, regardless of the number of
residence or dwelling units contained in the building in which the
tenant resides, which provides for the sale, installation, or
furnishing of home improvement goods or services.
(c) In addition to the specific requirements listed under this
section, every home improvement contract and any person subject to
licensure under this chapter or his or her agent or salesperson shall
comply with all of the following:
(1) The writing shall be legible.
(2) Any printed form shall be readable. Unless a larger typeface
is specified in this article, text in any printed form shall be in at
least 10-point typeface and the headings shall be in at least
10-point boldface type.
(3) (A) Before any work is started, the contractor shall give the
buyer a copy of the contract signed and dated by both the contractor
and the buyer. The buyer's receipt of the copy of the contract
initiates the buyer's rights to cancel the contract pursuant to
Sections 1689.5 to 1689.14, inclusive, of the Civil Code.
(B) The contract shall contain on the first page, in a typeface no
smaller than that generally used in the body of the document, both
of the following:
(i) The date the buyer signed the contract.
(ii) The name and address of the contractor to which the
applicable "Notice of Cancellation" is to be mailed, immediately
preceded by a statement advising the buyer that the "Notice of
Cancellation" may be sent to the contractor at the address noted on
the contract.
(4) A statement that, upon satisfactory payment being made for any
portion of the work performed, the contractor shall, prior to any
further payment being made, furnish to the person contracting for the
home improvement or swimming pool work a full and unconditional
release from any claim or mechanic's lien pursuant to Section 3114 of
the Civil Code for that portion of the work for which payment has
been made.
(5) A change-order form for changes or extra work shall be
incorporated into the contract and shall become part of the contract
only if it is in writing and signed by the parties prior to the
commencement of any work covered by a change order.
(6) The contract shall contain, in close proximity to the
signatures of the owner and contractor, a notice stating that the
owner or tenant has the right to require the contractor to have a
performance and payment bond.
(7) If the contract provides for a contractor to furnish joint
control, the contractor shall not have any financial or other
interest in the joint control.
(8) The provisions of this section are not exclusive and do not
relieve the contractor from compliance with any other applicable
provision of law.
(d) A home improvement contract, and any changes to the contract,
shall be in writing and signed by the parties to the contract prior
to the commencement of any work covered by the contract or applicable
change order, and shall include or comply with all of the following:
(1) The name, business address, and license number of the
contractor.
(2) If applicable, the name and registration number of the home
improvement salesperson that solicited or negotiated the contract.
(3) The following heading on the contract form that identifies the
type of contract in at least 10-point boldface type: "Home
Improvement."
(4) The following statement in at least 12-point boldface type:
"You are entitled to a completely filled in copy of this agreement,
signed by both you and the contractor, before any work may be
started."
(5) The heading: "Contract Price," followed by the amount of the
contract in dollars and cents.
(6) If a finance charge will be charged, the heading: "Finance
Charge," followed by the amount in dollars and cents. The finance
charge is to be set out separately from the contract amount.
(7) The heading: "Description of the Project and Description of
the Significant Materials to be Used and Equipment to be Installed,"
followed by a description of the project and a description of the
significant materials to be used and equipment to be installed. For
swimming pools, the project description required under this paragraph
also shall include a plan and scale drawing showing the shape, size,
dimensions, and the construction and equipment specifications.
(8) If a downpayment will be charged, the details of the
downpayment shall be expressed in substantially the following form,
and shall include the text of the notice as specified in subparagraph
(C):
(A) The heading: "Downpayment."
(B) A space where the actual downpayment appears.
(C) The following statement in at least 12-point boldface type:
"THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE
CONTRACT PRICE, WHICHEVER IS LESS."
(9) If any payments, other than the downpayment, are to be made
before the project is completed, the details of these payments, known
as progress payments, shall be expressed in substantially the
following form, and shall include the text of the statement as
specified in subparagraph (C):
(A) A schedule of progress payments shall be preceded by the
heading: "Schedule of Progress Payments."
(B) Each progress payment shall be stated in dollars and cents and
specifically reference the amount of work or services to be
performed and any materials and equipment to be supplied.
(C) The section of the contract reserved for the progress payments
shall include the following statement in at least 12-point boldface
type:
"The schedule of progress payments must specifically describe each
phase of work, including the type and amount of work or services
scheduled to be supplied in each phase, along with the amount of each
proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO
COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET
DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT."
(10) The contract shall address the commencement of work to be
performed in substantially the following form:
(A) A statement that describes what constitutes substantial
commencement of work under the contract.
(B) The heading: "Approximate Start Date."
(C) The approximate date on which work will be commenced.
(11) The estimated completion date of the work shall be referenced
in the contract in substantially the following form:
(A) The heading: "Approximate Completion Date."
(B) The approximate date of completion.
(12) If applicable, the heading: "List of Documents to be
Incorporated into the Contract," followed by the list of documents
incorporated into the contract.
(13) The heading: "Note about Extra Work and Change Orders,"
followed by the following statement:
"Extra Work and Change Orders become part of the contract once the
order is prepared in writing and signed by the parties prior to the
commencement of any work covered by the new change order. The order
must describe the scope of the extra work or change, the cost to be
added or subtracted from the contract, and the effect the order will
have on the schedule of progress payments."
(e) All of the following notices shall be provided to the owner as
part of the contract form as specified or, if otherwise authorized
under this subdivision, may be provided as an attachment to the
contract:
(1) A notice concerning commercial general liability insurance.
This notice may be provided as an attachment to the contract if the
contract includes the following statement: "A notice concerning
commercial general liability insurance is attached to this contract."
The notice shall include the heading "Commercial General Liability
Insurance (CGL)," followed by whichever of the following statements
is both relevant and correct:
(A) "(The name on the license or 'This contractor') does not carry
commercial general liability insurance."
(B) "(The name on the license or 'This contractor') carries
commercial general liability insurance written by (the insurance
company). You may call (the insurance company) at __________ to check
the contractor's insurance coverage."
(C) "(The name on the license or 'This contractor') is
self-insured."
(2) A notice concerning workers' compensation insurance. This
notice may be provided as an attachment to the contract if the
contract includes the statement: "A notice concerning workers'
compensation insurance is attached to this contract." The notice
shall include the heading "Workers' Compensation Insurance" followed
by whichever of the following statements is correct:
(A) "(The name on the license or 'This contractor') has no
employees and is exempt from workers' compensation requirements."
(B) "(The name on the license or 'This contractor') carries
workers' compensation insurance for all employees."
(3) A notice that provides the buyer with the following
information about the performance of extra or change-order work:
(A) A statement that the buyer may not require a contractor to
perform extra or change-order work without providing written
authorization prior to the commencement of any work covered by the
new change order.
(B) A statement informing the buyer that extra work or a change
order is not enforceable against a buyer unless the change order also
identifies all of the following in writing prior to the commencement
of any work covered by the new change order:
(i) The scope of work encompassed by the order.
(ii) The amount to be added or subtracted from the contract.
(iii) The effect the order will make in the progress payments or
the completion date.
(C) A statement informing the buyer that the contractor's failure
to comply with the requirements of this paragraph does not preclude
the recovery of compensation for work performed based upon legal or
equitable remedies designed to prevent unjust enrichment.
(4) A notice with the heading "Mechanics' Lien Warning" written as
follows:
"MECHANICS' LIEN WARNING:
Anyone who helps improve your property, but who is not paid, may
record what is called a mechanics' lien on your property. A mechanics'
lien is a claim, like a mortgage or home equity loan, made against
your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors,
suppliers, and laborers who helped to improve your property may
record mechanics' liens and sue you in court to foreclose the lien.
If a court finds the lien is valid, you could be forced to pay twice
or have a court officer sell your home to pay the lien. Liens can
also affect your credit.
To preserve their right to record a lien, each subcontractor and
material supplier must provide you with a document called a '20-day
Preliminary Notice.' This notice is not a lien. The purpose of the
notice is to let you know that the person who sends you the notice
has the right to record a lien on your property if he or she is not
paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after
the subcontractor starts work or the supplier provides material.
This can be a big problem if you pay your contractor before you have
received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or
from laborers who work on your project. The law assumes that you
already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens
by getting a list from your contractor of all the subcontractors and
material suppliers that work on your project. Find out from your
contractor when these subcontractors started work and when these
suppliers delivered goods or materials. Then wait 20 days, paying
attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with
a joint check. When your contractor tells you it is time to pay for
the work of a subcontractor or supplier who has provided you with a
Preliminary Notice, write a joint check payable to both the
contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB's Web site at
www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR
HOME. This can mean that you may have to pay twice, or face the
forced sale of your home to pay what you owe."
(5) The following notice shall be provided in at least 12-point
typeface: "Information about the Contractors' State License Board
(CSLB): CSLB is the state consumer protection agency that licenses
and regulates construction contractors.
Contact CSLB for information about the licensed contractor you are
considering, including information about disclosable complaints,
disciplinary actions, and civil judgments that are reported to CSLB.
Use only licensed contractors. If you file a complaint against a
licensed contractor within the legal deadline (usually four years),
CSLB has authority to investigate the complaint. If you use an
unlicensed contractor, CSLB may not be able to help you resolve your
complaint. Your only remedy may be in civil court, and you may be
liable for damages arising out of any injuries to the unlicensed
contractor or the unlicensed contractor's employees.
For more information:
Visit CSLB's Internet Web site at www.cslb.ca.gov
Call CSLB at 800-321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826."
(6) (A) The notice set forth in subparagraph (B) and entitled
"Three-Day Right to Cancel," shall be provided to the buyer unless
the contract is:
(i) Negotiated at the contractor's place of business.
(ii) Subject to the "Seven-Day Right to Cancel," as set forth in
paragraph (8).
(iii) Subject to licensure under the Alarm Company Act (Chapter
11.6 (commencing with Section 7590)), provided the alarm company
licensee complies with Sections 1689.5, 1689.6, and 1689.7 of the
Civil Code, as applicable.
(B) "Three-Day Right to Cancel
"You, the buyer, have the right to cancel this contract within
three business days. You may cancel by e-mailing, mailing, faxing, or
delivering a written notice to the contractor at the contractor's
place of business by midnight of the third business day after you
received a signed and dated copy of the contract that includes this
notice. Include your name, your address, and the date you received
the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your
part, you must make available to the contractor at your residence, in
substantially as good condition as you received it, any goods
delivered to you under this contract or sale. Or, you may, if you
wish, comply with the contractor's instructions on how to return the
goods at the contractor's expense and risk. If you do make the goods
available to the contractor and the contractor does not pick them up
within 20 days of the date of your notice of cancellation, you may
keep them without any further obligation. If you fail to make the
goods available to the contractor, or if you agree to return the
goods to the contractor and fail to do so, then you remain liable for
performance of all obligations under the contract."
(C) The "Three-Day Right to Cancel" notice required by this
paragraph shall comply with all of the following:
(i) The text of the notice is at least 12-point boldface type.
(ii) The notice is in immediate proximity to a space reserved for
the owner's signature.
(iii) The owner acknowledges receipt of the notice by signing and
dating the notice form in the signature space.
(iv) The notice is written in the same language, e.g., Spanish, as
that principally used in any oral sales presentation.
(v) The notice may be attached to the contract if the contract
includes, in at least 12-point boldface type, a checkbox with the
following statement: "The law requires that the contractor give you a
notice explaining your right to cancel. Initial the checkbox if the
contractor has given you a 'Notice of the Three-Day Right to Cancel.'
"
(vi) The notice shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation," which shall also be
attached to the agreement or offer to purchase and be easily
detachable, and which shall contain the following statement written
in the same language, e.g., Spanish, as used in the contract:
""Notice of Cancellation''
/enter date of transaction/
______________________________
(Date)
"You may cancel this transaction, without any penalty or
obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument executed by
you will be returned within 10 days following receipt by the seller
of your cancellation notice, and any security interest arising out of
the transaction will be canceled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received, any
goods delivered to you under this contract or sale, or you may, if
you wish, comply with the instructions of the seller regarding the
return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any
further obligation. If you fail to make the goods available to the
seller, or if you agree to return the goods to the seller and fail to
do so, then you remain liable for performance of all obligations
under the contract."
To cancel this transaction, mail or deliver a
signed and dated copy of this cancellation
notice, or any other written notice, or send a
telegram
to_____________________________________________,
/name of seller/
at______________________________________________
/address of seller's place of
business/
not later than midnight of_____________________.
(Date)
I hereby cancel this transaction. ______________
(Date)
__________________________________
(Buyer's signature)
(7) (A) The following notice entitled "Seven-Day Right to Cancel"
shall be provided to the buyer for any contract that is written for
the repair or restoration of residential premises damaged by any
sudden or catastrophic event for which a state of emergency has been
declared by the President of the United States or the Governor, or
for which a local emergency has been declared by the executive
officer or governing body of any city, county, or city and county:
"Seven-Day Right to Cancel
You, the buyer, have the right to cancel this contract within
seven business days. You may cancel by e-mailing, mailing, faxing, or
delivering a written notice to the contractor at the contractor's
place of business by midnight of the seventh business day after you
received a signed and dated copy of the contract that includes this
notice. Include your name, your address, and the date you received
the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid
within 10 days of receiving the notice of cancellation. For your
part, you must make available to the contractor at your residence, in
substantially as good condition as you received it, any goods
delivered to you under this contract or sale. Or, you may, if you
wish, comply with the contractor's instructions on how to return the
goods at the contractor's expense and risk. If you do make the goods
available to the contractor and the contractor does not pick them up
within 20 days of the date of your notice of cancellation, you may
keep them without any further obligation. If you fail to make the
goods available to the contractor, or if you agree to return the
goods to the contractor and fail to do so, then you remain liable for
performance of all obligations under the contract."
(B) The "Seven-Day Right to Cancel" notice required by this
subdivision shall comply with all of the following:
(i) The text of the notice is at least 12-point boldface type.
(ii) The notice is in immediate proximity to a space reserved for
the owner's signature.
(iii) The owner acknowledges receipt of the notice by signing and
dating the notice form in the signature space.
(iv) The notice is written in the same language, e.g., Spanish, as
that principally used in any oral sales presentation.
(v) The notice may be attached to the contract if the contract
includes, in at least 12-point boldface type, a checkbox with the
following statement: "The law requires that the contractor give you a
notice explaining your right to cancel. Initial the checkbox if the
contractor has given you a 'Notice of the Seven-Day Right to Cancel.'
"
(vi) The notice shall be accompanied by a completed form in
duplicate, captioned "Notice of Cancellation," which shall also be
attached to the agreement or offer to purchase and be easily
detachable, and which shall contain the following statement written
in the same language, e.g., Spanish, as used in the contract:
""Notice of Cancellation''
/enter date of transaction/
______________________________
(Date)
"You may cancel this transaction, without any penalty or
obligation, within seven business days from the above date.
If you cancel, any property traded in, any payments made by you
under the contract or sale, and any negotiable instrument executed by
you will be returned within 10 days following receipt by the seller
of your cancellation notice, and any security interest arising out of
the transaction will be canceled.
If you cancel, you must make available to the seller at your
residence, in substantially as good condition as when received, any
goods delivered to you under this contract or sale, or you may, if
you wish, comply with the instructions of the seller regarding the
return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller
does not pick them up within 20 days of the date of your notice of
cancellation, you may retain or dispose of the goods without any
further obligation. If you fail to make the goods available to the
seller, or if you agree to return the goods to the seller and fail to
do so, then you remain liable for performance of all obligations
under the contract."
To cancel this transaction, mail or deliver a
signed and dated copy of this cancellation
notice, or any other written notice, or send a
telegram
to_____________________________________________,
/name of seller/
at______________________________________________
/address of seller's place of
business/
not later than midnight of_____________________.
(Date)
I hereby cancel this transaction. _____________
(Date)
_________________________________
(Buyer's signature)
SEC. 31. Section 7159.9 of the Business and Professions Code is
amended to read:
7159.9. (a) Section 7159 does not apply to the sale,
installation, and servicing of a fire alarm sold in conjunction with
an alarm system, as defined in subdivision (n) of Section 7590.1 of
the Alarm Company Act (Chapter 11.6 (commencing with Section 7590)),
provided the licensee does all of the following:
(1) Complies with the contract requirements set forth in Section
7599.54.
(2) Complies with Sections 1689.5, 1689.6, and 1689.7 of the Civil
Code, as applicable.
(3) Executes the following certification statement in the contract
or in a separate certification document signed by all parties to the
contract:
"All costs attributable to making the fire alarm system operable
for the residence identified by this document, including sale and
installation costs, do not exceed five hundred dollars ($500)."
(4) Certifies to the following if the certification statement
described in paragraph (3) is in a separate document:
"I certify that all statements and representations made by me in
this document are true and accurate."
(b) The contract or separate certification document shall also
include both of the following:
(1) The physical address of the residence for which the
certification is applicable.
(2) The name, business address, and license number of the
contractor as contained in the official records of the board.
(c) The licensee shall give an exact copy of all documents
required pursuant to this section to the party who is contracting to
have the alarm system installed.
(d) All documents required pursuant to this section shall be
retained by the licensee for a period of five years in accordance
with the provisions of Section 7111, and shall be made available to
the board within 30 days of a written request.
(e) Failure by the contractor to provide the board with the
certification or contract within 30 days of a written request is
cause for discipline.
(f) Failure by the licensee to provide the board with the
certification or contract within 30 days of a written request creates
a presumption that the licensee has violated the provisions of
Section 7159, unless evidence to the contrary is presented within the
timeframe specified by the board.
SEC. 32. Section 18711 of the Business and Professions Code is
amended to read:
18711. (a) (1) (A) The commission shall require, as a condition
of licensure and as a part of the application process, the
examination by a licensed physician and surgeon who specializes in
neurology and neurosurgery of each applicant for a license as a
professional athlete or contestant licensed under this chapter or, if
for the renewal of a license, this examination every year, in
addition to any other medical examinations.
(i) Upon initial licensure, the examination shall include tests
and examinations designed to detect physical conditions that could
place the athlete or contestant at risk for serious injury or
permanent or temporary impairment of any bodily function. These tests
or examinations shall include, but not be limited to, a neurological
examination or a neuro-psychological examination, a brain imaging
scan, and an electrocardiogram (EKG). The physician may recommend any
additional tests or evaluations he or she deems necessary.
(ii) For renewal of a license, the physician shall determine the
tests or evaluations necessary, if any.
(iii) The commission may require an athlete or contestant licensed
under this chapter to undergo additional neurological tests where,
based on the totality of the athlete's or contestant's records, it
appears the athlete or contestant may be at risk of cognitive
impairment.
(iv) On the basis of a physical examination under this
subdivision, and any additional tests that are conducted, the
physician may recommend to the commission whether the applicant may
be permitted to be licensed in California or not. The executive
officer shall review these recommendations and report any denials of
licensure. If, as a result of these recommendations, the executive
officer refuses to grant the applicant a license or to renew a
license, the applicant shall not compete in California until the
denial has been overruled by the commission as provided in this
chapter.
(v) The commission may waive the requirement for a brain imaging
scan or an EKG if a brain imaging scan or EKG was completed as part
of the licensing requirements in another state, the commission
determines that this brain imaging scan or EKG creates a reliable
baseline for the athlete or contestant, and the commission has been
provided with a copy of the brain imaging scan or EKG reports.
(vi) This subparagraph shall become inoperative on the date the
regulations adopted by the commission pursuant to subparagraph (B)
become operative.
(B) On and after January 1, 2008, all professional athletes
licensed under this chapter shall be required by the commission to
complete a medical examination process, which shall include the
completion of specific medical examinations, to be determined by the
commission through regulations, as a condition of initial licensure
and license renewal. This medical examination process may include
examinations required under current law and any additional medical
examinations determined to be medically necessary. In adopting the
medical examination process, the commission shall consider the health
and safety of contestants, the medical necessity of any examinations
required, and the financial aspects of requiring those medical
examinations.
(2) In the absence of any pertinent untoward medical event, the
commission may, in its discretion, on forms prescribed by the
commission, accept tests or evaluations that are equivalent to those
described in paragraph (1) and that have been completed within one
year of licensure to meet the requirements of this subdivision.
(3) (A) Any medical records obtained, reviewed, or created under
this chapter shall be utilized only for purposes of administering
this chapter. The commission and any physician may not disclose the
athlete's medical records without a signed authorization from the
athlete, except that the commission may disclose those records to
other state licensing boards and commissions to which the athlete has
applied for licensure or has an enforcement action pending, or upon
court order in a criminal or civil action.
(B) After the adoption of regulations to establish a process for
participating in medical research studies, the commission may use
medical information for purposes of participating in medical research
studies of the effects on the human body of contests and exhibitions
regulated under this chapter. However, medical information shall not
include any personal identifying information on any contestant,
including, but not limited to, the contestant's name, address,
telephone number, social security number, license number, federal
identification number, or any other information identifying the
contestant. The medical information shall only be provided if the
licensed athlete has consented in writing to participate in the
research study. The regulations adopted by the commission shall
include a process to ensure that no conflicts of interest arise
regarding which medical examinations are required to be completed by
contestants.
(b) If an applicant for licensure as a professional athlete under
this chapter undergoes a neurological examination for purposes of
licensure within the 120-day period immediately preceding the normal
expiration of that license, the applicant shall not be required to
undergo an additional neurological examination within the following
12 consecutive month license period unless the commission, for cause,
orders that the examination be taken. The commission shall notify
all commission-approved physicians and referees that the commission
has the authority to order any professional athlete to undergo a
neurological examination.
(c) The cost of the examinations required by this section shall be
paid from assessments on any one or more of the following: promoters
of professional matches, managers, and professional athletes or
other contestants licensed under this chapter. The rate and manner of
assessment shall be set by the commission, and may cover all costs
associated with the requirements of this section. This assessment
shall be imposed on all contests approved by the commission under
this chapter. As of July 1, 1994, all moneys received by the
commission pursuant to this section shall be deposited in and
credited to the State Athletic Commission Neurological Examination
Account which is hereby created in the General Fund.
(d) Whenever a reference is made to the Boxers' Neurological
Examination Account, it is to be construed as referring to the State
Athletic Commission Neurological Examination Account.
SEC. 33. Section 19601 of the Business and Professions Code is
amended to read:
19601. (a) Notwithstanding any other provision of law, a licensed
association or fair that is conducting a live meeting in any racing
zone may accept wagers on any race conducted in this state, if all of
the following requirements are met:
(1) The association or fair that conducts the racing meeting and
the organization that is responsible for negotiating purse agreements
on behalf of the horsemen participating in that racing meeting
consent to the acceptance of the wagers. However, if consent is
withheld, any party may appeal the withholding of consent to the
board, which may determine that consent is not required.
(2) The association or fair conducts not fewer than eight races on
days when the association or fair is licensed to conduct racing,
except that fewer than eight live races per day may be conducted by
the mutual agreement of the association or fair and the organization
that is responsible for negotiating purse agreements on behalf of the
horsemen participating in the racing meeting.
(3) Wagering is offered only within the association's or fair's
racing inclosure or within the satellite wagering facility and only
within seven days of the commencement of the racing program with the
transmitted race.
(4) All wagers are included in the appropriate parimutuel pool at
the racetrack of the association or fair where the race is conducted,
or, in the appropriate parimutuel pool of the racetrack of the
association or fair that accepts the transmitted race.
(5) The association or fair accepting wagers on an out-of-zone
transmitted race distributes the audiovisual signal of the race to,
and accepts wagers from, all eligible satellite wagering facilities.
(b) Any association or fair accepting wagers under subdivision (a)
shall deduct, from the total amount handled in each conventional and
exotic parimutuel pool on the transmitted race, the same percentages
deducted pursuant to Article 9.5 (commencing with Section 19610) for
races at its own meeting. However, if the wagers are from a quarter
horse race meeting, then the amounts deducted shall be the same as
for a quarter horse race meeting. Amounts deducted under this
section, including amounts deducted from wagers on out-of-zone races
within the inclosure of the association or fair, shall be distributed
as provided under Sections 19605.7, 19605.72, and 19605.73 with
respect to wagers made within the northern zone, or Sections
19605.71, 19605.72, and 19605.73 with respect to wagers made within
the central or southern zone, except that amounts distributed for
purposes other than state license fees and fees payable to the Center
for Equine Health, School of Veterinary Medicine, University of
California at Davis, and the California Animal Health and Food Safety
Laboratory shall be proportionally reduced by the amount of any fees
paid to the Triple Crown or Breeder's Cup day host association
pursuant to subdivision (c). The method used to calculate the
reduction in proportionate share shall be approved by the board. For
wagers on out-of-state and out-of-country races made within the
association's or fair's inclosure, 1 percent shall be distributed to
the association or fair as a satellite wagering facility commission.
(c) Nothing in this section precludes an association or fair from
charging a fee as a condition of transmitting the Triple Crown or
Breeder's Cup day races, except that any fee shall be allocated among
all associations, fairs, and satellite wagering facilities receiving
the transmitted race in proportion to the amount wagered at each
location, and the fee shall equal that charged by the entity
conducting the race or races. Further, the only fee that can be
charged as a condition of transmitting the signal of an out-of-zone
race shall be a fee of 2.5 percent on Breeder's Cup day races.
(d) All breakage and unclaimed tickets, including unclaimed
refunds, shall be distributed equally between the association or fair
that accepts wagers on the transmitted race, and the horsemen, in
the form of purses. The purse moneys generated by this subdivision
shall be made available for purses during the meeting in which they
are received by the association or fair, or, if the association or
fair is not then conducting a live racing meeting, during the next
succeeding meeting of the association or fair.
(e) All wagers made pursuant to this section shall be considered
to have been wagered at a satellite wagering facility and shall be
excluded from total handle for the purposes of Section 19611.
(f) Notwithstanding Section 19530.5, satellite wagering facilities
operated by a fair, in the Counties of Fresno, Kern, or Tulare shall
be considered northern zone facilities and shall receive their
audiovisual signal from the association or fair conducting a racing
meeting in the northern zone that is authorized to distribute the
signal and accept wagers on central and southern zone races.
Satellite wagering facilities operated by a fair, in the Counties of
Santa Barbara or Ventura shall be considered central-southern zone
facilities and shall receive the audiovisual signal from the
association or fair conducting a racing meeting in the central or
southern zone that is authorized to distribute the signal and accept
wagers on northern zone races.
(g) All purse moneys derived from wagering on out-of-zone races at
fair racing meetings shall be distributed to all breeds of horses
participating in the fair meeting in direct proportion to the purse
money generated by breed on live races conducted during the fair race
meeting.
(h) During calendar periods when both a fair and a thoroughbred
association conduct live racing, the amounts deducted under this
section shall be distributed on any day of overlap as provided in
Section 19607.5, except that the applicable state license fee shall
be at the rate specified for nonfair meetings in subdivision (b) of
Section 19605.7.
(i) During calendar periods when a thoroughbred association and a
fair, or a thoroughbred association and any other breed association,
are conducting a racing meeting in the same zone, the thoroughbred
association shall be the association authorized to distribute
out-of-zone, out-of-state, or out-of-country thoroughbred or fair
races, except that the thoroughbred association may waive this right
and allow the other breed racing association conducting a race
meeting to distribute the signal and accept wagers on out-of-zone,
out-of-state, or out-of-country thoroughbred or fair races for any
racing day or days. For the purposes of this subdivision, the
combined central and southern zone shall be considered one zone.
(j) In order to ensure, to the extent possible, that out-of-state
and out-of-country simulcasting furthers the purposes of this
section, a committee made up of one representative from each of the
then-operating thoroughbred associations or fairs that are conducting
a live racing meeting in the state and one representative of the
organization responsible for negotiating purse agreements on behalf
of the horsemen participating in the meeting shall do the following:
(1) Determine the out-of-state or out-of-country thoroughbred
races to be imported on a statewide basis pursuant to this chapter.
(2) Ensure, to the extent possible, that the fees charged by
out-of-state or out-of-country entities for these signals are at the
lowest obtainable rate and at the same rate statewide, in order to
maximize the revenue available to in-state associations and fairs and
their horsemen.
(3) Ensure, to the extent possible, due to the reciprocal nature
of the interstate simulcasting business, that the maximum obtainable
revenue is generated by the sale to out-of-state entities of the
audiovisual signal of races conducted in this state by thoroughbred
associations and fairs.
(4) Ensure that program information requirements for in-state
signals comply with the standards of the board, but provide that
abbreviated program formats may be used for races imported from other
jurisdictions.
(k) Notwithstanding any other provision of law, any thoroughbred
association or fair, when operating a live racing meeting, shall
distribute the signal of all races conducted by, or disseminated by,
that association or fair to, and accept wagers on these races from,
any association that is licensed to conduct a live quarter horse or
harness racing meeting in Orange County and that conducted such a
meeting in 1998.
() Notwithstanding any other provision of law, all associations or
fairs when operating as eligible satellite wagering facilities shall
be in compliance with, and subject to, Article 9.2 (commencing with
Section 19605), and shall display the signal and accept wagers on all
live races conducted in this state without regard to breed.
Notwithstanding the foregoing provision, a thoroughbred racing
association located in the City of Arcadia is exempt from these
requirements for live harness and quarter horse races conducted at
night unless the thoroughbred racing association facility is open for
business at that time and is accepting wagers on other night signals
pursuant to this chapter.
A quarter horse racing association located in the southern zone
shall display the signal and accept wagers on all races imported by,
or conducted by, a harness racing association conducting racing in
the northern zone. A harness racing association in the northern zone
shall display the signal and accept wagers on all races imported by,
or conducted by, a quarter horse racing association conducting racing
in the southern zone. On those nights when both the harness racing
association in the northern zone and the quarter horse racing
association in the southern zone are conducting live racing, the
audiovisual signal of both breeds shall be displayed and wagers shall
be accepted on both breeds at each of the locations where the live
racing is being conducted, and each association shall display the
audiovisual signal and accept wagers on the other association's live
or imported races throughout their respective facilities, as they do
when they are conducting satellite wagering during other periods of
the same day. Each association shall pay the other an additional 5
percent of the amount wagered at their respective facilities on the
races imported by, or conducted by, the other racing association.
With respect to harness racing, the additional 5 percent received by
the harness racing association pursuant to this subdivision shall be
distributed as 50 percent as commissions to the racing association
and 50 percent as purses to the horsemen participating in the racing
meeting. Further, satellite wagering facilities located at fairs may,
but are not required to, accept an audiovisual signal on
out-of-state or out-of-country races unless the facility is open for
business at the time and accepting wagers on other signals pursuant
to this chapter.
SEC. 34. Section 1788.18 of the Civil Code is amended to read:
1788.18. (a) Upon receipt from a debtor of all of the following,
a debt collector shall cease collection activities until completion
of the review provided in subdivision (d):
(1) A copy of a police report filed by the debtor alleging that
the debtor is the victim of an identity theft crime, including, but
not limited to, a violation of Section 530.5 of the Penal Code, for
the specific debt being collected by the debt collector.
(2) The debtor's written statement that the debtor claims to be
the victim of identity theft with respect to the specific debt being
collected by the debt collector.
(b) The written statement described in paragraph (2) of
subdivision (a) shall consist of any of the following:
(1) A Federal Trade Commission's Affidavit of Identity Theft.
(2) A written statement that contains the content of the Identity
Theft Victim's Fraudulent Account Information Request offered to the
public by the California Office of Privacy Protection.
(3) A written statement that certifies that the representations
are true, correct, and contain no material omissions of fact to the
best knowledge and belief of the person submitting the certification.
A person submitting the certification who declares as true any
material matter pursuant to this subdivision that he or she knows to
be false is guilty of a misdemeanor. The statement shall contain or
be accompanied by the following, to the extent that an item listed
below is relevant to the debtor's allegation of identity theft with
respect to the debt in question:
(A) A statement that the debtor is a victim of identity theft.
(B) A copy of the debtor's driver's license or identification
card, as issued by the state.
(C) Any other identification document that supports the statement
of identity theft.
(D) Specific facts supporting the claim of identity theft, if
available.
(E) Any explanation showing that the debtor did not incur the
debt.
(F) Any available correspondence disputing the debt after
transaction information has been provided to the debtor.
(G) Documentation of the residence of the debtor at the time of
the alleged debt. This may include copies of bills and statements,
such as utility bills, tax statements, or other statements from
businesses sent to the debtor, showing that the debtor lived at
another residence at the time the debt was incurred.
(H) A telephone number for contacting the debtor concerning any
additional information or questions, or direction that further
communications to the debtor be in writing only, with the mailing
address specified in the statement.
(I) To the extent the debtor has information concerning who may
have incurred the debt, the identification of any person whom the
debtor believes is responsible.
(J) An express statement that the debtor did not authorize the use
of the debtor's name or personal information for incurring the debt.
(K) The certification required pursuant to this paragraph shall be
sufficient if it is in substantially the following form:
""I certify the representations made are true,
correct,
and
contain no material omissions of fact.
________________________ _____________________''
(Date and Place) (Signature)
(c) If a debtor notifies a debt collector orally that he or she is
a victim of identity theft, the debt collector shall notify the
debtor, orally or in writing, that the debtor's claim must be in
writing. If a debtor notifies a debt collector in writing that he or
she is a victim of identity theft, but omits information required
pursuant to subdivision (a) or, if applicable, the certification
required pursuant to paragraph (3) of subdivision (b), if the debt
collector does not cease collection activities, the debt collector
shall provide written notice to the debtor of the additional
information that is required, or the certification required pursuant
to paragraph (3) of subdivision (b), as applicable, or send the
debtor a copy of the Federal Trade Commission's Affidavit of Identity
Theft form.
(d) Upon receipt of the complete statement and information
described in subdivision (a), the debt collector shall review and
consider all of the information provided by the debtor and other
information available to the debt collector in its file or from the
creditor. The debt collector may recommence debt collection
activities only upon making a good faith determination that the
information does not establish that the debtor is not responsible for
the specific debt in question. The debt collector's determination
shall be made in a manner consistent with the provisions of
subsection (1) of Section 1692 of Title 15 of the United States Code,
as incorporated by Section 1788.17 of this code. The debt collector
shall notify the debtor in writing of that determination and the
basis for that determination before proceeding with any further
collection activities. The debt collector's determination shall be
based on all of the information provided by the debtor and other
information available to the debt collector in its file or from the
creditor.
(e) No inference or presumption that the debt is valid or invalid,
or that the debtor is liable or not liable for the debt, shall arise
if the debt collector decides after the review described in
subdivision (d) to cease or recommence the debt collection
activities. The exercise or nonexercise of rights under this section
is not a waiver of any other right or defense of the debtor or debt
collector.
(f) The statement and supporting documents that comply with
subdivision (a) may also satisfy, to the extent those documents meet
the requirements of, the notice requirement of paragraph (5) of
subdivision (c) of Section 1798.93.
(g) A debt collector who ceases collection activities under this
section and does not recommence those collection activities shall do
all of the following:
(1) If the debt collector has furnished adverse information to a
consumer credit reporting agency, notify the agency to delete that
information.
(2) Notify the creditor that debt collection activities have been
terminated based upon the debtor's claim of identity theft.
(h) A debt collector who has possession of documents that the
debtor is entitled to request from a creditor pursuant to Section
530.8 of the Penal Code is authorized to provide those documents to
the debtor.
(i) Notwithstanding subdivision (h) of Section 1788.2, for the
purposes of this section, "debtor" means a natural person, firm,
association, organization, partnership, business trust, company,
corporation, or limited liability company from which a debt collector
seeks to collect a debt that is due and owing or alleged to be due
and owing from the person or entity. The remedies provided by this
title shall apply equally to violations of this section.
SEC. 35. Section 340.7 of the Code of Civil Procedure is amended
to read:
340.7. Notwithstanding Section 335.1, any civil action brought
by, or on behalf of, any Dalkon Shield victim against the Dalkon
Shield Claimants' Trust, shall be brought in accordance with the
procedures established by A.H. Robins Company, Inc. Plan of
Reorganization, and shall be brought within 15 years of the date on
which the victim's injury occurred, except that the statute shall be
tolled from August 21, 1985, the date on which the A.H. Robins
Company filed for Chapter 11 Reorganization in Richmond, Virginia.
This section applies regardless of when any such action or claim
shall have accrued or been filed and regardless of whether it might
have lapsed or otherwise be barred by time under California law.
However, this section shall only apply to victims who, prior to
January 1, 1990, filed a civil action, a timely claim, or a claim
which is declared to be timely under the sixth Amended and Restated
Disclosure Statement filed pursuant to Section 1125 of the Federal
Bankruptcy Code in re: A.H. Robins Company Inc., dated March 28,
1988, U.S. Bankruptcy Court, Eastern District of Virginia (Case
number 85-01307-R).
SEC. 36. Section 1245.245 of the Code of Civil Procedure is
amended to read:
1245.245. (a) Property acquired by a public entity by any means
set forth in subdivision (e) that is subject to a resolution of
necessity adopted pursuant to this article shall only be used for the
public use stated in the resolution unless the governing body of the
public entity adopts a resolution authorizing a different use of the
property by a vote of at least two-thirds of all members of the
governing body of the public entity, or a greater vote as required by
statute, charter, or ordinance. The resolution shall contain all of
the following:
(1) A general statement of the new public use that is proposed for
the property and a reference to the statute that would have
authorized the public entity to acquire the property by eminent
domain for that use.
(2) A description of the general location and extent of the
property proposed to be used for the new use, with sufficient detail
for reasonable identification.
(3) A declaration that the governing body has found and determined
each of the following:
(A) The public interest and necessity require the proposed use.
(B) The proposed use is planned and located in the manner that
will be most compatible with the greatest public good and least
private injury.
(C) The property described in the resolution is necessary for the
proposed use.
(b) Property acquired by a public entity by any means set forth in
subdivision (e) that is subject to a resolution of necessity
pursuant to this article, and is not used for the public use stated
in the resolution of necessity within 10 years of the adoption of the
resolution of necessity, shall be sold in accordance with the terms
of subdivisions (f) and (g), unless the governing body adopts a
resolution according to the terms of subdivision (a) or a resolution
according to the terms of this subdivision reauthorizing the existing
stated public use of the property by a vote of at least two-thirds
of all members of the governing body of the public entity or a
greater vote as required by statute, charter, or ordinance. A
reauthorization resolution under this subdivision shall contain all
of the following:
(1) A general statement of the public use that is proposed to be
reauthorized for the property and a reference to the statute that
authorized the public entity to acquire the property by eminent
domain for that use.
(2) A description of the general location and extent of the
property proposed to be used for the public use, but not yet in use
for the public use, with sufficient detail for reasonable
identification.
(3) A declaration that the governing body has found and determined
each of the following:
(A) The public interest and necessity require the proposed use.
(B) The proposed use is planned and located in the manner that
will be most compatible with the greatest public good and least
private injury.
(C) The property described in the resolution is necessary for the
proposed use.
(c) In addition to any notice required by law, the notice required
for a new or reauthorization resolution sought pursuant to
subdivision (a) or (b) shall comply with Section 1245.235 and shall
be sent to each person who was given notice required by Section
1245.235 in connection with the original acquisition of the property
by the public entity.
(d) Judicial review of an action pursuant to subdivision (a) or
(b) may be obtained by a person who had an interest in the property
described in the resolution
at the time that the property was acquired by the public entity, and
shall be governed by Section 1085.
(e) The following property acquisitions are subject to the
requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain.
(2) Any acquisition by a public entity following adoption of a
resolution of necessity pursuant to this article for the property.
(3) Any acquisition by a public entity prior to the adoption of a
resolution of necessity pursuant to this article for the property,
but subsequent to a written notice that the public entity may take
the property by eminent domain.
(f) If the public entity fails to adopt either a new resolution
pursuant to subdivision (a) or a reauthorization resolution pursuant
to subdivision (b), as required by this section, and that property
was not used for the public use stated in a resolution of necessity
adopted pursuant to this article or a resolution adopted pursuant to
subdivision (a) or (b) between the time of its acquisition and the
time of the public entity's failure to adopt a resolution pursuant to
subdivision (a) or (b), the public entity shall offer the person or
persons from whom the property was acquired the right of first
refusal to purchase the property pursuant to this section, as
follows:
(1) At the present market value, as determined by independent
licensed appraisers.
(2) For property that was a single-family residence at the time of
acquisition, at an affordable price, which price shall not be
greater than the price paid by the agency for the original
acquisition, adjusted for inflation, and shall not be greater than
fair market value, if the following requirements are met:
(A) The person or persons from whom the property was acquired
certify their income to the public entity as persons or families of
low or moderate income.
(B) If the single-family residence is offered at a price that is
less than fair market value, the public entity may verify the
certifications of income in accordance with procedures used for
verification of incomes of purchasers and occupants of housing
financed by the California Housing Finance Agency.
(C) If the single-family residence is offered at a price that is
less than fair market value, the public entity shall impose terms,
conditions, and restrictions to ensure that the residence will
either:
(i) Remain owner-occupied by the person or persons from whom the
property was acquired for at least five years.
(ii) Remain available to persons or families of low or moderate
income and households with incomes no greater than the incomes of the
present occupants in proportion to the area median income for the
longest feasible time, but for not less than 55 years for rental
units and 45 years for home ownership units.
(D) The Department of Housing and Community Development shall
provide to the public entity recommendations of standards and
criteria for those prices, terms, conditions, and restrictions.
(g) If after a diligent effort the public entity is unable to
locate the person from whom the property was acquired, if the person
from whom the property was acquired does not choose to purchase the
property as provided in subdivision (f), or if the public entity
fails to adopt a resolution as required pursuant to subdivision (a)
or (b) but is not required to offer a right of first refusal pursuant
to subdivision (f), the public entity shall sell the property as
surplus property pursuant to Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
(h) If residential property acquired by a public entity by any
means set forth in subdivision (e) is sold as surplus property
pursuant to subdivision (g), and that property was not used for the
public use stated in a resolution of necessity adopted pursuant to
this article or a resolution adopted pursuant to subdivision (a) or
(b) between the time of its acquisition and the time of its sale as
surplus property, the public entity shall pay to the person or
persons from whom the public entity acquired the property the sum of
any financial gain between the original acquisition price, adjusted
for inflation, and the final sale price.
(i) Upon completion of any acquisition described in subdivision
(e) or upon the adoption of a resolution of necessity pursuant to
this section, whichever is later, the public entity shall give
written notice to the person or persons from whom the property was
acquired as described in subdivision (e) stating that the notice,
right of first refusal, and return of financial gain rights discussed
in this section may accrue.
(j) At least 60 days before selling the property pursuant to
subdivision (g), the public entity shall make a diligent effort to
locate the person from whom the property was acquired. At any time
before the proposed sale, the person from whom the property was
acquired may exercise the rights provided by this section. As used in
this section, "diligent effort" means that the public entity has
done all of the following:
(1) Mailed the notice of the proposed sale by certified mail,
return receipt requested, to the last known address of the person
from whom the property was acquired.
(2) Mailed the notice of the proposed sale by certified mail,
return receipt requested, to each person with the same name as the
person from whom the property was acquired at any other address on
the last equalized assessment roll.
(3) Published the notice of the proposed sale pursuant to Section
6061 of the Government Code in at least one newspaper of general
circulation within the city or county in which the property is
located.
(4) Posted the notice of the proposed sale in at least three
public places within the city or county in which the property is
located.
(5) Posted the notice of the proposed sale on the property
proposed to be sold.
(k) For purposes of this section, "adjusted for inflation" means
the original acquisition price increased to reflect the proportional
increase in the Consumer Price Index for all items for the State of
California, as determined by the United States Bureau of Labor
Statistics, for the period from the date of acquisition to the date
the property is offered for sale.
SEC. 37. Section 1277 of the Code of Civil Procedure is amended to
read:
1277. (a) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b) and
(e), the court shall thereupon make an order reciting the filing of
the petition, the name of the person by whom it is filed, and the
name proposed. The order shall direct all persons interested in the
matter to appear before the court at a time and place specified,
which shall be not less than six nor more than 12 weeks from the time
of making the order, unless the court orders a different time, to
show cause why the application for change of name should not be
granted. The order shall direct all persons interested in the matter
to make known any objection that they may have to the granting of the
petition for change of name by filing a written objection, which
includes the reasons for the objection, with the court at least two
court days before the matter is scheduled to be heard and by
appearing in court at the hearing to show cause why the petition for
change of name should not be granted. The order shall state that, if
no written objection is timely filed, the court may grant the
petition without a hearing.
A copy of the order to show cause shall be published pursuant to
Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
If a petition has been filed for a minor by a parent and the other
parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent.
(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(c) A proceeding for a change of name for a witness participating
in the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
(d) If application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
(e) If a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
SEC. 38. The heading of Title 9.3 (commencing with Section 1298)
of Part 3 of the Code of Civil Procedure, as added by Section 1 of
Chapter 881 of the Statutes of 1988, is amended and renumbered to
read:
TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION
SEC. 39. Section 1157 of the Corporations Code is amended to read:
1157. (a) An other business entity or a foreign other business
entity or a foreign corporation may be converted into a corporation
pursuant to this chapter only if the converting entity is authorized
by the laws under which it is organized to effect the conversion.
(b) An other business entity or a foreign other business entity or
a foreign corporation that desires to convert into a corporation
shall approve a plan of conversion or other instrument as is required
to be approved to effect the conversion pursuant to the laws under
which that entity is organized.
(c) The conversion of an other business entity or a foreign other
business entity or a foreign corporation shall be approved by the
number or percentage of the partners, members, shareholders, or other
holders of interest of the converting entity that is required by the
laws under which that entity is organized, or a greater or lesser
percentage as may be set forth in the converting entity's partnership
agreement, articles of organization, operating agreement, articles
of incorporation, or other governing document in accordance with
applicable laws.
(d) The conversion by an other business entity or a foreign other
business entity or a foreign corporation shall be effective under
this chapter upon the filing with the Secretary of State of the
articles of incorporation of the converted corporation, containing a
statement of conversion that complies with subdivision (e).
(e) A statement of conversion of an entity converting into a
corporation pursuant to this chapter shall set forth all of the
following:
(1) The name, form, and jurisdiction of organization of the
converting entity.
(2) The Secretary of State's file number, if any, of the
converting entity.
(3) If the converting entity is a foreign other business entity or
a foreign corporation, the statement of conversion shall contain the
following:
(A) A statement that the converting entity is authorized to effect
the conversion by the laws under which it is organized.
(B) A statement that the converting entity has approved a plan of
conversion or other instrument as is required to be approved to
effect the conversion pursuant to the laws under which the converting
entity is organized.
(C) A statement that the conversion has been approved by the
number or percentage of the partners, members, shareholders, or other
holders of interest of the converting entity that is required by the
laws under which that entity is organized, or a greater or lesser
percentage as may be set forth in the converting entity's partnership
agreement, articles of organization, operating agreement, articles
of incorporation, or other governing document in accordance with
applicable laws.
(f) The filing with the Secretary of State of articles of
incorporation containing a statement pursuant to subdivision (e)
shall have the effect of the filing of a certificate of cancellation
by a converting foreign limited liability company or foreign limited
partnership, and no converting foreign limited liability company or
foreign limited partnership that has made the filing is required to
file a certificate of cancellation under Section 15696, 15909.07, or
17455 as a result of that conversion. If a converting entity is a
foreign corporation qualified to transact business in this state, the
foreign corporation shall, by virtue of the filing, automatically
surrender its right to transact intrastate business.
SEC. 40. Section 15901.02 of the Corporations Code is amended to
read:
15901.02. In this chapter, the following terms have the following
meanings:
(a) "Acknowledged" means that an instrument is either of the
following:
(1) Formally acknowledged as provided in Article 3 (commencing
with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of
the Civil Code.
(2) Executed to include substantially the following wording
preceding the signature: "It is hereby declared that I am the person
who executed this instrument, which execution is my act and deed. Any
certificate of acknowledgment taken without this state before a
notary public or a judge or clerk of a court of record having an
official seal need not be further authenticated."
(b) "Certificate of limited partnership" means the certificate
required by Section 15902.01. The term includes the certificate as
amended or restated.
(c) "Contribution," except in the phrase "right of contribution,"
means any benefit provided by a person to a limited partnership in
order to become a partner or in the person's capacity as a partner.
(d) "Debtor in bankruptcy" means a person that is the subject of
either of the following:
(1) An order for relief under Title 11 of the United States Code
or a comparable order under a successor statute of general
application.
(2) A comparable order under federal, state, or foreign law
governing insolvency.
(e) "Designated office" means either of the following:
(1) With respect to a limited partnership, the office that the
limited partnership is required to designate and maintain under
Section 15901.14.
(2) With respect to a foreign limited partnership, its principal
office.
(f) "Distribution" means a transfer of money or other property
from a limited partnership to a partner in the partner's capacity as
a partner or to a transferee on account of a transferable interest
owned by the transferee.
(g) "Domestic corporation" means a corporation formed under the
laws of this state.
(h) "Electronic transmission by the partnership" means a
communication that meets both of the following requirements:
(1) It is delivered by any of the following means:
(A) Facsimile transmission or electronic mail when directed to the
facsimile number or electronic mail address, respectively, for the
recipient on the record with the partnership.
(B) Posting on an electronic message board or other electronic
database, that the partnership has designated for the communication,
together with a separate notice to the recipient of the posting,
which shall be validly delivered upon the later of either the posting
or delivery of the separate notice thereof.
(C) Other means of electronic communication.
(2) It is to a recipient that has provided an unrevoked consent to
the use of the means of transmission used by the partnership in the
electronic transmission.
(i) "Electronic transmission to the partnership" means a
communication that meets both of the following requirements:
(1) It is delivered by any of the following means:
(A) Facsimile communication or other electronic mail when directed
to the facsimile number or electronic mail address, respectively,
that the partnership has provided from time to time to the partners
for sending communications to the partnership.
(B) Posting on an electronic message board or electronic database
that the partnership has designated for the communication. A
transmission shall have been validly delivered upon the posting.
(C) Other means of electronic communication.
(2) It is a communication as to which the partnership has placed
in effect reasonable measures to verify that the sender is the
partner purporting to send the transmission, either in person or by
proxy.
(j) "Foreign limited liability limited partnership" means a
foreign limited partnership whose general partners have limited
liability for the obligations of the foreign limited partnership.
(k) "Foreign limited partnership" means a partnership formed under
the laws of a jurisdiction other than this state and required by
those laws to have one or more general partners and one or more
limited partners. The term includes a foreign limited liability
limited partnership.
(l) "Foreign other business entity" means an other business entity
formed under the laws of any state other than this state or under
the laws of a foreign country.
(m) "General partner" means:
(1) With respect to a limited partnership, a person to whom either
of the following applies:
(A) The person becomes a general partner under Section 15904.01.
(B) The person was a general partner in a limited partnership when
the limited partnership became subject to this chapter under
subdivision (a) or (b) of Section 15912.06.
(2) With respect to a foreign limited partnership, a person that
has rights, powers, and obligations similar to those of a general
partner in a limited partnership.
(n) "Interests of all partners" means the aggregate interests of
all partners in the current profits derived from business operations
of the partnership.
(o) "Interests of limited partners" means the aggregate interests
of all limited partners in their respective capacities as limited
partners in the current profits derived from business operations of
the partnership.
(p) "Limited partner" means:
(1) With respect to a limited partnership, a person to whom either
of the following applies:
(A) The person becomes a limited partner under Section 15903.01 or
subdivision (h) of 15907.02.
(B) The person was a limited partner in a limited partnership when
the limited partnership became subject to this chapter under
subdivision (a) or (b) of Section 15912.06.
(2) With respect to a foreign limited partnership, a person that
has rights, powers, and obligations similar to those of a limited
partner in a limited partnership.
(q) "Limited partnership or domestic limited partnership," except
in the phrases "foreign limited partnership" and "foreign limited
liability limited partnership," means an entity, having one or more
general partners and one or more limited partners, which is formed
under this chapter by two or more persons or becomes subject to this
chapter under Article 11 (commencing with Section 15911.01) or
subdivisions (a) or (b) of Section 15912.06.
(r) "Mail" means first-class mail, postage prepaid, unless
registered mail is specified. Registered mail includes certified
mail.
(s) "Majority in interest of all partners" means more than 50
percent of the interests of all partners.
(t) "Majority in interest of the limited partners" means more than
50 percent of the interests of limited partners.
(u) "Other business entity" means a corporation, general
partnership, limited liability company, business trust, real estate
investment trust, or an unincorporated association other than a
nonprofit association, but excludes a limited partnership.
(v) "Parent" of a limited partnership means any of the following:
(1) A general partner of the limited partnership.
(2) A person possessing, directly or indirectly, the power to
direct or cause the direction of the management and policies of a
general partner of the limited partnership.
(3) A person owning, directly or indirectly, limited partnership
interests possessing more than 50 percent of the aggregate voting
power of the limited partnership.
(w) "Partner" means a limited partner or general partner.
(x) "Partnership agreement" means the partners' agreement, whether
oral, implied, in a record, or in any combination, concerning the
limited partnership. The term includes the agreement as amended.
(y) "Person" means an individual, partnership, limited
partnership, trust, estate, association, corporation, limited
liability company, or other entity, whether domestic or foreign.
(z) "Person dissociated as a general partner" means a person
dissociated as a general partner of a limited partnership.
(aa) "Principal office" means the office where the principal
executive office of a limited partnership or foreign limited
partnership is located, whether or not the office is located in this
state.
(ab) "Proxy" means a written authorization signed by a partner or
the partner's attorney in fact giving another person the power to
vote with respect to the interest of that partner. "Signed," for the
purpose of this subdivision, means the placing of the partner's name
on the proxy, whether by manual signature, typewriting, telegraphic
transmission, or otherwise, by the partner or the partner's attorney
in fact.
(ac) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(ad) "Required information" means the information that a limited
partnership is required to maintain under Section 15901.11.
(ae) "Return of capital" means any distribution to a partner to
the extent that the aggregate distributions to that partner do not
exceed that partner's contributions to the partnership.
(af) "Sign" means either of the following:
(1) To execute or adopt a tangible symbol with the present intent
to authenticate a record.
(2) To attach or logically associate an electronic symbol, sound,
or process to or with a record with the present intent to
authenticate the record.
(ag) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(ah) "Time a notice is given or sent," unless otherwise expressly
provided, means any of the following:
(1) The time a written notice to a partner or the limited
partnership is deposited in the United States mail.
(2) The time any other written notice is personally delivered to
the recipient, is delivered to a common carrier for transmission, or
is actually transmitted by the person giving the notice by electronic
means to the recipient.
(3) The time any oral notice is communicated, in person or by
telephone or wireless, to the recipient or to a person at the office
of the recipient who the person giving the notice has reason to
believe will promptly communicate it to the recipient.
(ai) (1) "Transact intrastate business" means, for purposes of
registration, entering into repeated and successive transactions of
business in this state, other than interstate or foreign commerce.
(2) A foreign limited partnership shall not be considered to be
transacting intrastate business within the meaning of paragraph (1)
solely because of its status as one or more of the following:
(A) A shareholder of a foreign corporation transacting intrastate
business.
(B) A shareholder of a domestic corporation.
(C) A limited
partner of a foreign limited partnership transacting intrastate
business.
(D) A limited partner of a domestic limited partnership.
(E) A member or manager of a foreign limited liability company
transacting intrastate business.
(F) A member or manager of a domestic limited liability company.
(3) Without excluding other activities that may not constitute
transacting intrastate business, a foreign limited partnership shall
not be considered to be transacting intrastate business within the
meaning of paragraph (1) solely by reason of carrying on in this
state one or more of the following activities:
(A) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the settlement
thereof or the settlement of claims and disputes.
(B) Holding meetings of its partners or carrying on other
activities concerning its internal affairs.
(C) Maintaining bank accounts.
(D) Maintaining offices or agencies for the transfer, exchange,
and registration of its securities or depositories with relation to
its securities.
(E) Effecting sales through independent contractors.
(F) Soliciting or procuring orders, whether by mail or through
employees or agents or otherwise, where the orders require acceptance
without this state before becoming binding contracts.
(G) Creating or acquiring evidences of debt or mortgages, liens,
or security interests on real or personal property.
(H) Securing or collecting debts or enforcing mortgages and
security interests in property securing the debts.
(I) Conducting an isolated transaction completed within a period
of 180 days and not in the course of a number of repeated
transactions of like nature.
(J) Transacting business in interstate commerce.
(4) A person shall not be deemed to be transacting intrastate
business in this state within the meaning of paragraph (1) solely
because of the person's status as a limited partner of a domestic
limited partnership or a foreign limited partnership registered to
transact intrastate business in this state.
This definition shall not apply in determining the contacts or
activities that may subject a foreign limited partnership to service
of process, taxation, jurisdiction, or other regulation under any
other law of this state.
(aj) "Transfer" includes an assignment, conveyance, deed, bill of
sale, lease, mortgage, creation of a security interest or
encumbrance, gift, and transfer by operation of law.
(ak) "Transferable interest" means a partner's right to receive
distributions.
(al) "Transferee" means a person to which all or part of a
transferable interest has been transferred, whether or not the
transferor is a partner.
SEC. 41. Section 15901.10 of the Corporations Code is amended to
read:
15901.10. (a) Except as otherwise provided in subdivision (b),
the partnership agreement governs relations among the partners and
between the partners and the partnership. To the extent the
partnership agreement does not otherwise provide, this chapter
governs relations among the partners and between the partners and the
partnership.
(b) A partnership agreement may not do any of the following:
(1) Vary a limited partnership's power under Section 15901.05 to
sue, be sued, and defend in its own name.
(2) Vary the law applicable to a limited partnership under Section
15901.06.
(3) Vary the requirements of Section 15902.04.
(4) Vary the information required under Section 15901.11 or
unreasonably restrict the right to information under Section 15903.04
or 15904.07, but the partnership agreement may impose reasonable
restrictions on the availability and use of information obtained
under those sections and may define appropriate remedies, including
liquidated damages, for a breach of any reasonable restriction on
use.
(5) Eliminate the duty of loyalty under Section 15904.08, but the
partnership agreement may do either or both of the following:
(A) Identify specific types or categories of activities that do
not violate the duty of loyalty, if not manifestly unreasonable.
(B) Specify the number or percentage of partners which may
authorize or ratify, after full disclosure to all partners of all
material facts, a specific act or transaction that otherwise would
violate the duty of loyalty.
(6) Unreasonably reduce the duty of care under subdivision (c) of
Section 15904.08.
(7) Eliminate the obligation of good faith and fair dealing under
subdivision (b) of Section 15903.05 and subdivision (d) of Section
15904.08, but the partnership agreement may prescribe the standards
by which the performance of the obligation is to be measured, if the
standards are not manifestly unreasonable.
(8) Vary the power of a person to dissociate as a general partner
under subdivision (a) of Section 15906.04 except to require that the
notice under subdivision (a) of Section 15906.03 be in a record.
(9) Eliminate the power of a court to decree dissolution in the
circumstances specified in subdivision (a) of Section 15908.02.
(10) Vary the requirement to wind up the partnership's business as
specified in Section 15908.03.
(11) Unreasonably restrict the right to maintain an action under
Article 10 (commencing with Section 15910.01).
(12) Restrict the right of a partner to approve a conversion or
merger.
(13) Vary the provisions of Article 11.5 (commencing with Section
15911.20), except to the extent expressly permitted by such
provisions.
(14) Restrict rights under this chapter of a person other than a
partner or a transferee.
SEC. 42. Section 15901.16 of the Corporations Code is amended to
read:
15901.16. (a) In addition to Chapter 4 (commencing with Section
413.10) of Title 5 of Part 2 of the Code of Civil Procedure, process
may be served upon limited partnerships and foreign limited
partnerships as provided in this section.
(b) Personal service of a copy of any process against the limited
partnership or the foreign limited partnership will constitute valid
service on the limited partnership if delivered either (1) to any
individual designated by it as agent or, if a limited partnership, to
any general partner or (2) if the designated agent or, if a limited
partnership, general partner is a corporation, to any person named in
the latest certificate of the corporate agent filed pursuant to
Section 1505 of the Corporations Code at the office of the corporate
agent or to any officer of the general partner, shall constitute
valid service on the limited partnership or the foreign limited
partnership. No change in the address of the agent for service of
process where the agent is an individual or appointment of a new
agent for service of process shall be effective (1) for a limited
partnership until an amendment to the certificate of limited
partnership is filed or (2) for a foreign limited partnership until
an amendment to the application for registration is filed. In the
case of a foreign limited partnership that has appointed the
Secretary of State as agent for service of process by reason of
subdivision (b) of Section 15909.07, process shall be delivered by
hand to the Secretary of State, or to any person employed in the
capacity of assistant or deputy, which shall be one copy of the
process for each defendant to be served, together with a copy of the
court order authorizing the service and the fee therefor. The order
shall include and set forth an address to which the process shall be
sent by the Secretary of State.
(c) (1) If an agent for service of process has resigned and has
not been replaced or if the agent designated cannot with reasonable
diligence be found at the address designated for personal delivery of
the process, and it is shown by affidavit to the satisfaction of the
court that process against a limited partnership or foreign limited
partnership cannot be served with reasonable diligence upon the
designated agent or, if a foreign limited partnership, upon any
general partner by hand in the manner provided in Section 415.10,
subdivision (a) of Section 415.20, or subdivision (a) of Section
415.30 of the Code of Civil Procedure, the court may make an order
that the service shall be made upon a domestic limited partnership
which has filed a certificate or upon a foreign limited partnership
which has a certificate of registration to transact business in this
state by delivering by hand to the Secretary of State, or to any
person employed in the Secretary of State's office in the capacity of
assistant or deputy, one copy of the process for each defendant to
be served, together with a copy of the order authorizing the service.
Service in this manner shall be deemed complete on the 10th day
after delivery of the process to the Secretary of State.
(2) Upon receipt of any such copy of process and the fee therefor,
the Secretary of State shall give notice of the service of the
process to the limited partnership or foreign limited partnership, at
its principal office, by forwarding to that office, by registered
mail with request for return receipt, the copy of the process.
(3) The Secretary of State shall keep a record of all process
served upon the Secretary of State under this chapter and shall
record therein the time of service and the Secretary of State's
action with reference thereto. A certificate under the Secretary of
State's official seal, certifying to the receipt of process, the
giving of notice thereof to the limited partnership or foreign
limited partnership, and the forwarding of the process pursuant to
this section, shall be competent and prima facie evidence of the
matters stated therein.
(d) (1) The certificate of a limited partnership and the
application for a certificate of registration of a foreign limited
partnership shall designate, as the agent for service of process, an
individual residing in this state or a corporation which has complied
with Section 1505 of the Corporations Code and whose capacity to act
as an agent has not terminated. If an individual is designated, the
statement shall set forth that person's complete business or
residence address in this state. If a corporate agent is designated,
no address for it shall be set forth.
(2) An agent designated for service of process may file with the
Secretary of State a signed and acknowledged written statement of
resignation as an agent. Thereupon the authority of the agent to act
in that capacity shall cease and the Secretary of State forthwith
shall give written notice of the filing of the certificate of
resignation by mail to the limited partnership or foreign limited
partnership addressed to its designated office.
(3) If an individual who has been designated agent for service of
process dies or resigns or no longer resides in the state or if the
corporate agent for that purpose, resigns, dissolves, withdraws from
the state, forfeits its right to transact intrastate business, has
its corporate rights, powers and privileges suspended or ceases to
exist, (A) the limited partnership shall promptly file an amendment
to the certificate designating a new agent or (B) the foreign limited
partnership shall promptly file an amendment to the application for
registration.
(e) In addition to any other discovery rights which may exist, in
any case pending in a California court having jurisdiction in which a
party seeks records from a partnership formed under this chapter,
whether or not the partnership is a party, the court shall have the
power to order the production in California of the books and records
of the partnership on the terms and conditions that the court deems
appropriate.
SEC. 43. Section 15903.03 of the Corporations Code is amended to
read:
15903.03. (a) A limited partner is not liable for any obligation
of a limited partnership unless named as a general partner in the
certificate or, in addition to exercising the rights and powers of a
limited partner, the limited partner participates in the control of
the business. If a limited partner participates in the control of the
business without being named as a general partner, that partner may
be held liable as a general partner only to persons who transact
business with the limited partnership with actual knowledge of that
partner's participation in control and with a reasonable belief,
based upon the limited partner's conduct, that the partner is a
general partner at the time of the transaction. Nothing in this
chapter shall be construed to affect the liability of a limited
partner to third parties for the limited partner's participation in
tortious conduct.
(b) A limited partner does not participate in the control of the
business within the meaning of subdivision (a) solely by doing,
attempting to do, or having the right or power to do, one or more of
the following:
(1) Being any of the following:
(A) An independent contractor for, an agent or employee of, or
transacting business with, the limited partnership or a general
partner of the limited partnership.
(B) An officer, director, or shareholder of a corporate general
partner of the limited partnership.
(C) A member, manager, or officer of a limited liability company
that is a general partner of the limited partnership.
(D) A limited partner of a partnership that is a general partner
of the limited partnership.
(E) A trustee, administrator, executor, custodian, or other
fiduciary or beneficiary of an estate or trust that is a general
partner.
(F) A trustee, officer, adviser, shareholder, or beneficiary of a
business trust that is a general partner.
(2) Consulting with and advising a general partner with respect to
the business of the limited partnership.
(3) Acting as surety for the limited partnership or for a general
partner, guaranteeing one or more specific debts of the limited
partnership, providing collateral for the limited partnership or
general partner, borrowing money from the limited partnership or a
general partner, or lending money to the limited partnership or a
general partner.
(4) Approving or disapproving an amendment to the partnership
agreement.
(5) Voting on, proposing, or calling a meeting of the partners.
(6) Winding up the partnership pursuant to Section 15908.03.
(7) Executing and filing a certificate pursuant to Section
15902.05, a certificate of withdrawal pursuant to paragraph (4) of
subdivision (a) of Section 15902.04, or a certificate of cancellation
of the certificate of limited partnership pursuant to paragraph (6)
of subdivision (a) of Section 15902.04.
(8) Serving on an audit committee or committee performing the
functions of an audit committee.
(9) Serving on a committee of the limited partnership or the
limited partners for the purpose of approving actions of the general
partner.
(10) Calling, requesting, attending, or participating at any
meeting of the partners or the limited partners.
(11) Taking any action required or permitted by law to bring,
pursue, settle, or terminate a derivative action on behalf of the
limited partnership.
(12) Serving on the board of directors or a committee of,
consulting with or advising, being or acting as an officer, director,
stockholder, partner, member, manager, agent, or employee of, or
being or acting as a fiduciary for, any person in which the limited
partnership has an interest.
(13) Exercising any right or power permitted to limited partners
under this chapter and not specifically enumerated in this
subdivision.
(c) The enumeration in subdivision (b) does not mean that any
other conduct or the possession or exercise of any other power by a
limited partner constitutes participation by the limited partner in
the control of the business of the limited partnership.
SEC. 44. Section 15905.06 of the Corporations Code is amended to
read:
15905.06. A partner does not have a right to demand or receive
any distribution from a limited partnership in any form other than
cash. Subject to subdivision (b) of Section 15908.09, a limited
partnership may distribute an asset in kind to the extent each
partner receives a percentage of the asset equal to the partner's
share of distributions.
SEC. 45. Section 15911.12 of the Corporations Code is amended to
read:
15911.12. (a) Each limited partnership and other business entity
that desires to merge shall approve an agreement of merger. The
agreement of merger shall be approved by all general partners of each
constituent limited partnership and the principal terms of the
merger shall be approved by a majority in interest of each class of
limited partners of each constituent limited partnership, unless a
greater approval is required by the partnership agreement of the
constituent limited partnership. Notwithstanding the previous
sentence, if the limited partners of any constituent limited
partnership become personally liable for any obligations of a
constituent limited partnership or constituent other business entity
as a result of the merger, the principal terms of the agreement of
merger shall be approved by all of the limited partners of the
constituent limited partnership, unless the agreement of merger
provides that all limited partners will have the dissenters' rights
provided in Article 11.5 (commencing with Section 15911.20). The
agreement of merger shall be approved on behalf of each constituent
other business entity by those persons required to approve the merger
by the laws under which it is organized. Other persons, including a
parent of a constituent limited partnership, may be parties to the
agreement of merger. The agreement of merger shall state:
(1) The terms and conditions of the merger.
(2) The name and place of organization of the surviving limited
partnership or surviving other business entity, and of each
disappearing limited partnership and disappearing other business
entity, and the agreement of merger may change the name of the
surviving limited partnership, which new name may be the same as or
similar to the name of a disappearing domestic or foreign limited
partnership, subject to Section 15901.08.
(3) The manner of converting the partnership interests of each of
the constituent limited partnerships into interests, shares, or other
securities of the surviving limited partnership or surviving other
business entity, and if partnership interests of any of the
constituent limited partnerships are not to be converted solely into
interests, shares, or other securities of the surviving limited
partnership or surviving other business entity, the cash, property,
rights, interests, or securities that the holders of the partnership
interests are to receive in exchange for the partnership interests,
which cash, property, rights, interests, or securities may be in
addition to or in lieu of interests, shares, or other securities of
the surviving limited partnership or surviving other business entity,
or that the partnership interests are canceled without
consideration.
(4) Any other details or provisions that are required by the laws
under which any constituent other business entity is organized,
including, if a domestic corporation is a party to the merger,
subdivision (b) of Section 1113.
(5) Any other details or provisions that are desired, including,
without limitation, a provision for the treatment of fractional
partnership interests.
(b) Each limited partnership interest of the same class of any
constituent limited partnership, other than a limited partnership
interest in another constituent limited partnership that is being
canceled and that is held by a constituent limited partnership or its
parent or a limited partnership of which the constituent limited
partnership is a parent, shall, unless all limited partners of the
class consent, be treated equally with respect to any distribution of
cash, property, rights, interests, or securities. Notwithstanding
this subdivision, except in a merger of a limited partnership with a
limited partnership in which it controls at least 90 percent of the
limited partnership interests entitled to vote with respect to the
merger, the unredeemable limited partnership interests of a
constituent limited partnership may be converted only into
unredeemable interests or securities of the surviving limited
partnership or other business entity or a parent if a constituent
limited partnership or a constituent other business entity or its
parent owns, directly or indirectly, prior to the merger, limited
partnership interests of another constituent limited partnership or
interests or securities of a constituent other business entity
representing more than 50 percent of the interests or securities
entitled to vote with respect to the merger of the other constituent
limited partnership or constituent other business entity or more than
50 percent of the voting power, as defined in Section 194.5, of a
constituent other business entity that is a domestic corporation,
unless all of the limited partners of the class consent. This
subdivision shall apply only to constituent limited partnerships with
more than 35 limited partners.
(c) Notwithstanding its prior approval, an agreement of merger may
be amended prior to the filing of the certificate of merger or the
agreement of merger, as provided in Section 15911.14, if the
amendment is approved by the general partners of each constituent
limited partnership in the same manner as required for approval of
the original agreement of merger and, if the amendment changes any of
the principal terms of the agreement of merger, the amendment is
approved by the limited partners of each constituent limited
partnership in the same manner and to the same extent as required for
the approval of the original agreement of merger, and by each of the
constituent other business entities.
(d) The general partners of a constituent limited partnership may,
in their discretion, abandon a merger, subject to the contractual
rights, if any, of third parties, including other constituent limited
partnerships and constituent other business entities, without
further approval by the limited partnership interests, at any time
before the merger is effective.
(e) An agreement of merger approved in accordance with subdivision
(a) may (1) effect any amendment to the partnership agreement of any
constituent limited partnership or (2) effect the adoption of a new
partnership agreement for a constituent limited partnership if it is
the surviving limited partnership in the merger. Any amendment to a
partnership agreement or adoption of a new partnership agreement made
pursuant to the foregoing sentence shall be effective at the
effective time or date of the merger. Notwithstanding the above
provisions of this subdivision, if a greater number of limited
partners is required to approve an amendment to the partnership
agreement of a constituent limited partnership than is required to
approve the agreement of merger pursuant to subdivision (a), and the
number of limited partners that approve the agreement of merger is
less than the number of limited partners required to approve an
amendment to the partnership agreement of the constituent limited
partnership, any amendment to the partnership agreement or adoption
of a new partnership agreement of that constituent limited
partnership made pursuant to the first sentence of this subdivision
shall be effective only if the agreement of merger provides that all
of the limited partners shall have the dissenters' rights provided in
Article 11.5 (commencing with Section 15911.20).
(f) The surviving limited partnership or surviving other business
entity shall keep the agreement of merger at its designated office or
at the business address specified in paragraph (5) of subdivision
(a) of Section 15911.14, as applicable, and, upon the request of a
limited partner of a constituent limited partnership or a holder of
shares, interests, or other securities of a constituent other
business entity, the general partners of the surviving limited
partnership or the authorized person of the surviving other business
entity shall promptly deliver to the limited partner or the holder of
shares, interests, or other securities, at the expense of the
surviving limited partnership or surviving other business entity, a
copy of the agreement of merger. A waiver by a partner or holder of
shares, interests, or other securities of the rights provided in this
subdivision shall be unenforceable.
SEC. 46. Section 15911.26 of the Corporations Code is amended to
read:
15911.26. (a) If the court appoints an appraiser or appraisers,
they shall proceed forthwith to determine the fair market value per
interest of the outstanding limited partnership interests of the
limited partnership, by class if necessary. Within the time fixed by
the court, the appraisers, or a majority of them, shall make and file
a report in the office of the clerk of the court. Thereupon, on the
motion of any party, the report shall be submitted to the court and
considered on any additional evidence as the court considers
relevant. If the court finds the report reasonable, the court may
confirm it.
(b) If a majority of the appraisers appointed fails to make and
file a report within 30 days from the date of their appointment, or
within any further time as may be allowed by the court, or the report
is not confirmed by the court, the court shall determine the fair
market value per interest of the outstanding limited partnership
interests of the limited partnership, by class if necessary.
(c) Subject to Section 15911.27, judgment shall be rendered
against the limited partnership for payment of an amount equal to the
fair market value, as determined by the court, of each dissenting
interest which any dissenting limited partner who is a party, or has
intervened, is entitled to require the limited partnership to
purchase, with interest thereon at the legal rate on judgments from
the date of consummation of the reorganization.
(d) Any judgment shall be payable forthwith, provided, however,
that with respect to limited partnership interests evidenced by
transferable certificates of interest, only upon the endorsement and
delivery to the limited partnership of those certificates
representing the interests described in the judgment. Any party may
appeal from the judgment.
(e) The costs of the action, including reasonable compensation for
the appraisers, to be fixed by the court, shall be assessed or
apportioned as the court considers equitable, but, if the appraisal
exceeds the price offered by the limited partnership, the limited
partnership shall pay the costs (including, in the discretion of the
court, if the value awarded by the court for the dissenting interest
is more than 125 percent of the price offered by the limited
partnership under subdivision
(a) of Section 15911.22, attorney's fees and fees of expert
witnesses).
SEC. 47. Section 317 of the Education Code is amended to read:
317. (a) As a condition for receiving funds under Section 315.5
in any fiscal year, a school district shall collect the following
data for use in updating its plans and to make available to the state
as requested:
(1) Improvement in adult English-as-a-second-language literacy
skill levels in reading, writing, and speaking the English language,
numeracy, problemsolving, and other literacy skills.
(2) Improvements in the attendance of pupils with
limited-English-language proficiency who have received tutoring from
adults who have been identified as participants in programs
established pursuant to Sections 315, 315.5, 316, and 316.5.
(b) A school district that receives funding under Section 315.5
shall provide a pretest and a posttest of reading achievement for
adult English-as-a-second-language pupils.
(c) The district shall review individual K-12 pupil data from the
English language development test administered under Section 60810
and the Standardized Testing and Reporting (STAR) Program set forth
in Article 4 (commencing with Section 60640) of Chapter 5 of Part 33,
in order to determine whether there has been achievement progress
made by K-12 pupils who were tutored by Community-Based English
Tutoring (CBET) Program students.
SEC. 48. Section 10600 of the Education Code is amended to read:
10600. (a) It is the intent of the Legislature in enacting this
chapter to make complete, current, and reliable information relating
to education available to the Legislature and to all public
educational agencies in California at maximum efficiency and economy
through statewide compatibility in the development and application of
information systems and electronic data-processing techniques
insofar as they relate to data required in reports to the department.
(b) It is the further intent of the Legislature to recognize the
importance, and enhance the stature, of the education profession
throughout the state.
(c) The Legislature finds and declares all of the following:
(1) According to recent studies, there is a shortage of qualified
teachers, particularly in the areas of special education, English
language acquisition and development, mathematics, and science,
throughout California.
(2) In order for California to remain competitive in the global
economy, the Legislature recognizes the necessity of continuing to
support the recruitment of individuals to the teaching profession and
effective teacher preparation and professional development programs.
The Legislature also recognizes the importance of quality
instruction to the academic achievement of pupils and of providing
each pupil in the public schools with instruction by a highly
qualified teacher.
(3) State and local policymakers, local educational agencies,
teachers, parents, and pupils all need reliable information regarding
participation in the teacher workforce, teacher movement between
schools and school districts, the departure of teachers from the
workforce before retirement, the appropriateness of teacher
assignments, and the effectiveness of teacher credentialing,
preparation, induction, recruitment, and support, and would benefit
from the availability of more extensive information regarding the
teaching profession.
(4) Data regarding the teacher workforce is currently collected
and maintained by numerous state and local educational agencies. In
order for the Legislature to fulfill its intent in enacting this
chapter, it is necessary to integrate the data collected by those
existing data systems to provide an understanding of the teacher
workforce in the state and the effectiveness of teacher preparation
programs. For purposes of integrating data regarding the teacher
workforce in the state, Item 6110-001-0890 of Section 2.00 of the
Budget Act of 2005 (Chapter 38 of the Statutes of 2005) appropriated
funds for the department to contract for a teacher data system
feasibility study to determine the feasibility of converting existing
data systems into an integrated, comprehensive, longitudinally
linked teacher information system that can yield high-quality program
evaluations.
(d) It is the intent of the Legislature that the vital goals
described in this section be accomplished through the establishment
of a comprehensive state education data information system in the
department that includes information regarding the teacher workforce.
SEC. 49. Section 10601 of the Education Code is amended to read:
10601. (a) There has been developed by the department the
California Education Information System, hereinafter in this chapter
called "the system." The function of the system is to establish,
conduct, and by continuous concern keep up to date a basic,
integrated, statewide information system for education.
(b) The system includes both of the following:
(1) The California Longitudinal Pupil Achievement Data System
pursuant to Chapter 10 (commencing with Section 60900) of Part 33,
which maintains pupil data regarding demographic, program
participation, enrollment, and statewide assessments, in addition to
data contained in the California Basic Educational Data System,
including certificated staff information collected through the
Professional Assignment Information Form prepared by the department.
(2) The California Longitudinal Teacher Integrated Data Education
System developed pursuant to Section 10601.5, which enables analysis
of workforce trends, evaluation of teacher preparation programs, and
the monitoring of teacher assignments. The California Longitudinal
Teacher Integrated Data Education System shall maintain data
regarding the certificated workforce that is not maintained in the
California Longitudinal Pupil Achievement Data System and consolidate
data that is collected by state agencies and local educational
agencies.
(c) Data elements and codes included in the system shall be
maintained in compliance with all of the following:
(1) Chapter 6.5 (commencing with Section 49060) of Part 27 and any
regulations adopted pursuant thereto.
(2) Section 49602.
(3) Section 56347.
(4) The Information Practices Act of 1977 (Chapter 1 (commencing
with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
Code).
(5) The federal Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant
thereto.
(d) The department shall adopt regulations to implement this
section.
SEC. 50. Section 10601.5 of the Education Code is amended to read:
10601.5. (a) The department, in collaboration with the Commission
on Teacher Credentialing, shall contract for the development of a
teacher data system to be known as the California Longitudinal
Teacher Integrated Data Education System that is based on the results
of the teacher data system feasibility study conducted pursuant to
Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter
38 of the Statutes of 2005). The purpose of the system is to
streamline processes, improve the efficiency of data collection by
the department, the Commission on Teacher Credentialing, and the
Employment Development Department, and improve the quality of data
collected from local educational agencies and teacher preparation
programs. The system shall be developed and implemented in accordance
with all state rules and regulations governing information
technology projects.
(b) The system shall serve as the central state repository of
information regarding the teacher workforce in the state for purposes
of developing and reviewing state policy, identifying workforce
trends, and identifying future needs regarding the teaching
workforce. It shall also serve to provide high-quality program
evaluations, including evaluation of the effectiveness of teacher
preparation and induction, and to help improve professional
development programs. Additionally, it shall promote the efficient
monitoring of teacher assignments as required by state and federal
law.
(c) Data in the system shall not be used, either solely or in
conjunction with data from the California Longitudinal Pupil
Achievement Data System, for purposes of pay, promotion, sanction, or
personnel evaluation of an individual teacher or groups of teachers,
or of any other employment decisions related to individual teachers.
The system shall not include the names, social security numbers,
home addresses, telephone numbers, or e-mail addresses of individual
teachers.
(d) The system shall be used to accomplish all of the following
goals:
(1) Provide a means to evaluate all of the following:
(A) The effectiveness of teacher preparation programs, including,
but not limited to, traditional fifth-year programs, university
internship programs, and district-sponsored internship programs.
(B) Teacher workforce issues, including mobility, retention, and
attrition.
(2) Streamline and improve the effectiveness and timeliness of
assignment monitoring as required by the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law.
(3) Enable local educational agencies to monitor teacher
assignments on demand.
(e) For purposes of implementing this chapter, including the
legislative intent expressed in subdivision (b) of Section 10600, the
system shall include all of the following information:
(1) Age profiles of teachers in the workforce.
(2) Projections of the number of retirees in the education system
over the next 10 years throughout the state.
(3) Identification of subject matter fields that have the severest
shortage of teachers.
(4) Geographic distribution of teachers by credential type.
(5) Present patterns of in-service education for teachers.
(f) The Commission on Teacher Credentialing and accredited teacher
preparation programs shall participate in the system by providing
available data regarding enrollment in credential programs,
credentials issued in each specialization, and certificated persons
in each specialty who are not employed in education, and by
collaborating with the department in the design and preparation of
periodic reports of teacher supply and demand in each specialty and
in each geographic region of the state.
(g) The system shall do all of the following:
(1) Utilize and maximize use of existing teacher databases.
(2) Maintain longitudinally linked data without including the
names of teachers.
(3) Comply with all state and federal confidentiality and privacy
laws.
(h) The Superintendent shall convene a working group to provide
advice and guidance on the development and implementation of the
system. The group shall include, but is not limited to,
representatives from the Commission on Teacher Credentialing, the
Department of Finance, the Secretary for Education, the Legislative
Analyst's Office, the Employment Development Department, and
representatives of local educational agencies, postsecondary
educational institutions, researchers, teachers, administrators, and
parents.
(i) The operation of the system is contingent upon the
appropriation of funds for purposes of this section in the annual
Budget Act or other legislation.
SEC. 51. Section 15146 of the Education Code is amended to read:
15146. (a) The bonds shall be issued and sold pursuant to Section
15140, payable out of the interest and sinking fund of the district.
The governing board may sell the bonds at a negotiated sale or by
competitive bidding.
(b) Prior to the sale, the governing board shall adopt a
resolution, as an agenda item at a public meeting, that includes all
of the following:
(1) Express approval of the method of sale.
(2) Statement of the reasons for the method of sale selected.
(3) Disclosure of the identity of the bond counsel, and the
identities of the bond underwriter and the financial adviser if
either or both are utilized for the sale, unless these individuals
have not been selected at the time the resolution is adopted, in
which case the governing board shall disclose their identities at the
public meeting occurring after they have been selected.
(4) Estimates of the costs associated with the bond issuance.
(c) After the sale, the governing board shall do both of the
following:
(1) Present the actual cost information for the sale at its next
scheduled public meeting.
(2) Submit an itemized summary of the costs of the bond sale to
the California Debt and Investment Advisory Commission.
(d) The governing board shall ensure that all necessary
information and reports regarding the sale or planned sale of bonds
by the school district it governs are submitted to the California
Debt and Investment Advisory Commission in compliance with Section
8855 of the Government Code.
(e) The bonds may be sold at a discount not to exceed 5 percent
and at an interest rate not to exceed the maximum rate permitted by
law. If the sale is by competitive bid, the governing board shall
comply with Sections 15147 and 15148. The bonds shall be sold by the
governing board no later than the date designated by the governing
board as the final date for the sale of the bonds.
(f) The proceeds of the sale of the bonds, exclusive of any
premium received, shall be deposited in the county treasury to the
credit of the building fund of the school district, or community
college district as designated by the California Community Colleges
Budget and Accounting Manual. The proceeds deposited shall be drawn
out as other school moneys are drawn out. The bond proceeds withdrawn
shall not be applied to any other purposes than those for which the
bonds were issued. Any premium or accrued interest received from the
sale of the bonds shall be deposited in the interest and sinking fund
of the district.
(g) The governing board may cause to be deposited proceeds of sale
of any series of the bonds in an amount not exceeding 2 percent of
the principal amount of the bonds in a costs of issuance account,
which may be created in the county treasury or held by a fiscal agent
appointed by the district for this purpose, separate from the
building fund and the interest and sinking fund of the district. The
proceeds deposited shall be drawn out on the order of the governing
board or an officer of the district duly authorized by the governing
board to make the order, only to pay authorized costs of issuance of
the bonds. Upon the order of the governing board or duly authorized
officer, the remaining balance shall be transferred to the county
treasury to the credit of the building fund of the school district or
community college district. The deposit of bond proceeds pursuant to
this subdivision shall be a proper charge against the building fund
of the district.
(h) The governing board may cause to be deposited proceeds of sale
of any series of the bonds in the interest and sinking fund of the
district in the amount of the annual reserve permitted by Section
15250 or in any lesser amount, as the governing board shall determine
from time to time. The deposit of bond proceeds pursuant to this
subdivision shall be a proper charge against the building fund of the
district.
(i) The governing board may cause to be deposited proceeds of sale
of any series of the bonds in the interest and sinking fund of the
district in the amount not exceeding the interest scheduled to become
due on that series of bonds for a period of two years from the date
of issuance of that series of bonds. The deposit of bonds proceeds
pursuant to this subdivision shall be a proper charge against the
building fund of the district.
SEC. 52. Section 17077.42 of the Education Code is amended to
read:
17077.42. In order to be approved for a grant under this article,
the applicant district shall demonstrate that it has complied with
all of the following:
(a) The school district has entered into a joint-use agreement
with a governmental agency, public community college, public college
or public university, or a nonprofit organization approved by the
board.
(b) The joint-use agreement specifies the method of sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of the pupils will be ensured.
(c) The joint-use agreement specifies the amount of the
contribution to be made by the school district and the joint-use
partner toward the 50-percent local share of eligible project costs.
The contribution made by a joint-use partner shall be no less than 25
percent of eligible project costs, unless the school district has
passed a local bond which specifies that proceeds of sale of the
bonds are to be used for the joint-use project, in which case the
school district may opt to provide up to the full 50-percent local
share of eligible costs.
(d) The school district demonstrates that the facility will be
used to the maximum extent possible for both school and community
purposes, or both school and higher education purposes, as
applicable.
(e) (1) The project application qualifies for funding under
paragraph (1) of subdivision (b) of Section 17077.40 and the school
district has received all approvals necessary for apportionment under
this chapter.
(2) The project qualifies for funding under paragraph (2) or (3)
of subdivision (b) of Section 17077.40 and the school district has
completed preliminary plans for the project and has received State
Department of Education approval of the plans.
SEC. 53. Section 17078.53 of the Education Code is amended to
read:
17078.53. (a) The initial preliminary applications for projects
to be funded pursuant to this article shall be submitted to the board
by March 31, 2003. Thereafter, the board may establish subsequent
application periods as needed.
(b) Preliminary applications may be submitted by eligible
applicants as set forth in this article by either of the following:
(1) A school district on behalf of a charter school that is
physically located within the geographical jurisdiction of the school
district.
(2) A charter school on its own behalf if the charter school has
notified both the superintendent and the governing board of the
school district in which it is physically located of its intent to do
so in writing at least 30 days prior to submission of the
preliminary application.
(c) A preliminary application shall demonstrate either of the
following:
(1) That a charter petition for the school for which the
application is submitted has been granted by the appropriate
chartering entity prior to the application deadline determined by the
board.
(2) That an already existing charter has been amended to include
the school for which the application is submitted and approved by the
appropriate chartering entity prior to the deadline determined by
the board.
(d) A preliminary application shall include either of the
following:
(1) For a preliminary application submitted pursuant to paragraph
(1) of subdivision (b), the number of unhoused pupils determined
pursuant to Article 3 (commencing with Section 17071.75) that will be
housed by the project for which the preliminary application has been
submitted.
(2) For a preliminary application submitted pursuant to paragraph
(2) of subdivision (b), a certification from the governing board of
the district within which the charter school is physically located of
the number of unhoused pupils for that district determined pursuant
to Article 3 (commencing with Section 17071.75) that will be housed
by the project for which the preliminary application has been
submitted.
(e) Prior to submitting a preliminary application, the school
district and charter school shall consider existing school district
facilities in accordance with Section 47614.
(f) The board, after consideration of the recommendations of the
authority regarding whether a charter school is financially sound,
shall approve the preliminary application and shall make the
preliminary apportionment for funding pursuant to this article.
(g) (1) The board shall establish a process to ensure that pupil
attendance in a charter school that is physically located within the
geographical jurisdiction of a school district is counted as
per-pupil eligibility for that school district and to ensure that the
same per-pupil attendance is not so counted for any other school
district or other applicant under this chapter.
(2) (A) Except as provided pursuant to subparagraph (B) and
notwithstanding subdivision (b) of Section 17071.75, the number of
pupils for which facilities are provided under this article shall not
be included in the sum determined under subdivision (b) of Section
17071.75.
(B) The number of unhoused pupils determined pursuant to
subdivision (d) that will be housed by the project for which a
preliminary application has been submitted shall be included in the
sum determined under subdivision (b) of Section 17071.75.
(h) The board shall establish a process to be used for release of
funds for approved projects pursuant to this article. Notwithstanding
Section 17072.30, the board may provide for the release of planning
and site acquisition funds prior to the approval of the project by
the Department of General Services pursuant to the Field Act, as
defined in Section 17281.
SEC. 54. Section 17213 of the Education Code is amended to read:
17213. The governing board of a school district may not approve a
project involving the acquisition of a schoolsite by a school
district, unless all of the following occur:
(a) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, determines that the property
purchased or to be built upon is not any of the following:
(1) The site of a current or former hazardous waste disposal site
or solid waste disposal site, unless if the site was a former solid
waste disposal site, the governing board of the school district
concludes that the wastes have been removed.
(2) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(3) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood.
(b) The school district, as the lead agency, as defined in Section
21067 of the Public Resources Code, in preparing the environmental
impact report or negative declaration has consulted with the
administering agency in which the proposed schoolsite is located,
pursuant to Section 2735.3 of Title 19 of the California Code of
Regulations, and with any air pollution control district or air
quality management district having jurisdiction in the area, to
identify both permitted and nonpermitted facilities within that
district's authority, including, but not limited to, freeways and
other busy traffic corridors, large agricultural operations, and
railyards, within one-fourth of a mile of the proposed schoolsite,
that might reasonably be anticipated to emit hazardous air emissions,
or to handle hazardous or extremely hazardous materials, substances,
or waste. The school district, as the lead agency, shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities or significant
pollution sources specified in subdivision (b).
(2) The facilities or other pollution sources specified in
subdivision (b) exist, but one of the following conditions applies:
(A) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the school.
(B) The governing board finds that corrective measures required
under an existing order by another governmental entity that has
jurisdiction over the facilities or other pollution sources will,
before the school is occupied, result in the mitigation of all
chronic or accidental hazardous air emissions to levels that do not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the proposed school. If
the governing board makes this finding, the governing board shall
also make a subsequent finding, prior to the occupancy of the school,
that the emissions have been mitigated to these levels.
(C) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(D) The governing board finds that neither of the conditions set
forth in subparagraph (B) or (C) can be met, and the school district
is unable to locate an alternative site that is suitable due to a
severe shortage of sites that meet the requirements in subdivision
(a) of Section 17213. If the governing board makes this finding, the
governing board shall adopt a statement of Overriding Considerations
pursuant to Section 15093 of Title 14 of the California Code of
Regulations.
(d) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Extremely hazardous substances" means any material defined
pursuant to paragraph (2) of subdivision (g) of Section 25532 of the
Health and Safety Code.
(4) "Hazardous waste" means any waste
defined in Section 25117 of the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the State Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
SEC. 55. Section 22950 of the Education Code is amended to read:
22950. (a) Employers shall contribute monthly to the system 8
percent of the creditable compensation upon which members'
contributions under this part are based.
(b) From the contributions required under subdivision (a), there
shall be deposited in the Teachers' Retirement Fund an amount,
determined by the board, that is not less than the amount, determined
in an actuarial valuation of the Defined Benefit Program pursuant to
Section 22311.5, necessary to finance the liabilities associated
with the benefits of the Defined Benefit Program over the funding
period adopted by the board, after taking into account the
contributions made pursuant to Sections 22901, 22951, and 22955.
(c) The amount of contributions required under subdivision (a)
that is not deposited in the Teachers' Retirement Fund pursuant to
subdivision (b) shall be deposited directly into the Teachers' Health
Benefits Fund, as established in Section 25930, and shall not be
deposited into or transferred from the Teachers' Retirement Fund.
(d) (1) Notwithstanding subdivisions (b) and (c), there may be
deposited into the Teachers' Retirement Program Development Fund, as
established in Section 22307.5, from the contributions required under
subdivision (a), an amount determined by the board, not to exceed
the limit specified in paragraph (2).
(2) The balance of deposits into the Teachers' Retirement Program
Development Fund, minus the subsequent transfer of funds, with
interest, into the Teachers' Retirement Fund pursuant to subdivision
(e) of Section 22307.5, shall not exceed 0.01 percent of the total of
the creditable compensation of the fiscal year ending in the
immediately preceding calendar year upon which member's contributions
to the Defined Benefit Program are based.
(3) The deposits described in this subdivision shall not be
deposited into, or transferred from, the Teachers' Retirement Fund.
SEC. 56. Section 24300.2 of the Education Code is amended to read:
24300.2. (a) A member who retired and elected an option pursuant
to Section 24300 may elect to change options, subject to all of the
following:
(1) A member who elected Option 2 may elect to change to the
100-percent beneficiary option described in paragraph (1) or the
75-percent beneficiary option described in paragraph (2) of
subdivision (a) of Section 24300.1.
(2) A member who elected Option 3, Option 4, or Option 5 may elect
to change to the 75-percent beneficiary option described in
paragraph (2) or the 50-percent beneficiary option described in
paragraph (3) of subdivision (a) of Section 24300.1.
(3) A member who elected Option 6 or Option 7 may elect to change
to the 75-percent beneficiary option described in paragraph (2) of
subdivision (a) of Section 24300.1.
(4) A member who elected Option 8 may elect to have any designated
percentage of his or her unmodified allowance changed in accordance
with paragraph (1), (2), or (3).
(5) The election by a member under this section is made on or
after January 1, 2007, and prior to July 1, 2007.
(6) The member designates the same beneficiary that was designated
under the prior option elected by the member, if the option and
beneficiary designation were effective on or before December 31,
2006.
(7) The member and the option beneficiary are not afflicted with a
known terminal illness and the member declares, under penalty of
perjury under the laws of this state, that to the best of his or her
knowledge, he or she and the option beneficiary are not afflicted
with a known terminal illness.
(8) The option beneficiary has not predeceased the member as of
the effective date of the change in the option by the member.
(b) The change in the option by the member shall be effective on
the date the election is signed, provided that the election is on a
properly executed form provided by the system and that election is
received at the system's headquarters office as described in Section
22375 within 30 days after the date the election is signed.
(c) After receipt of a member's election document, the system
shall mail an acknowledgment notice to the member that sets forth the
new option elected by the member.
(d) If the member and the option beneficiary are alive and not
afflicted with a known terminal illness, a member may cancel the
election to change options and elect to receive the benefit according
to the preexisting option election. After cancellation, the member
may elect to make a one-time change from the preexisting option to
any other option provided by and subject to the restrictions of
paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation
or the cancellation and one-time change shall be made on a properly
executed form provided by the system and shall be received at the
system's headquarters office as described in Section 22375 no later
than 30 calendar days following the date of mailing of the
acknowledgment notice. If the member elects to make the one-time
change provided by this subdivision, the change shall be effective as
of the member's signature date on the initial election to change.
(e) If the system is unable to mail an acknowledgment notice to
the member on or before June 1, 2007, or prior to the end of the
election period, provided that the member and the option beneficiary
are alive and not afflicted with a known terminal illness, the system
shall allow a member to cancel the election to change options and
elect to receive the benefit according to the preexisting option
election. After cancellation, the member may elect to make a one-time
change from the preexisting option to any other option provided by
and subject to the restrictions of paragraph (1), (2), (3), or (4) of
subdivision (a). The cancellation or the cancellation and one-time
change may be made after the end of the election period if it is made
on a properly executed form provided by the system and is received
at the system's headquarters office as described in Section 22375 no
later than 30 days following the date of the acknowledgment notice.
If the member elects to make the one-time change provided by this
subdivision, the change shall be effective as of the member's
signature date on the initial election to change.
(f) If the member elects to change his or her option as described
in subdivision (a), the retirement allowance of the member shall be
modified in a manner determined by the board to prevent any
additional liability to the plan.
(g) The member shall not change options in derogation of a spouse'
s or former spouse's community property rights as specified in a
court order.
SEC. 57. Section 32221.5 of the Education Code is amended to read:
32221.5. (a) A school district that elects to operate an
interscholastic athletic team or teams shall include the following
statement, printed in boldface type of prominent size, in offers of
insurance coverage that are sent to members of school athletic teams:
"Under state law, school districts are required to ensure that all
members of school athletic teams have accidental injury insurance
that covers medical and hospital expenses. This insurance requirement
can be met by the school district offering insurance or other health
benefits that cover medical and hospital expenses.
Some pupils may qualify to enroll in no-cost or low-cost local,
state, or federally sponsored health insurance programs. Information
about these programs may be obtained by calling ________ (Insert
toll-free telephone number)."
(b) The statement described in subdivision (a) shall also be
incorporated into any other letters or printed materials, in boldface
type of prominent size, that contain the name or logo, or both, of
the school district and are sent to members of school athletic teams
to inform them of the provisions of this article, or any other
applicable provision of state law, regarding the provision of
insurance protection.
(c) The statement described in subdivision (a) shall include the
toll-free telephone number or numbers for any of the following:
(1) The Healthy Families Program.
(2) Medi-Cal.
(3) Any other comparable toll-free telephone number for a no-cost
or low-cost local, state, or federally sponsored health insurance
program.
(d) All notices regarding insurance protection for members of
athletic teams that are sent to team members are required to be
translated pursuant to Section 48985.
SEC. 58. Section 33126 of the Education Code is amended to read:
33126. (a) The school accountability report card shall provide
data by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on
the school in which to enroll his or her children.
(b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
(B) Pupil achievement in and progress toward meeting reading,
writing, arithmetic, and other academic goals, including results by
grade level from the assessment tool used by the school district
using percentiles when available for the most recent three-year
period.
(C) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
(D) Secondary schools with high school seniors shall list both the
average verbal and math Scholastic Assessment Test scores to the
extent provided to the school and the percentage of seniors taking
that exam for the most recent three-year period.
(2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic Educational Data System
or any successor data system for the schoolsite over the most recent
three-year period, and the graduation rate, as defined by the State
Board of Education, over the most recent three-year period when
available pursuant to Section 52052.
(3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
(4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level, the average class size, and, if applicable, the percentage of
pupils in kindergarten and grades 1 to 3, inclusive, participating in
the Class Size Reduction Program established pursuant to Chapter
6.10 (commencing with Section 52120) of Part 28, using California
Basic Educational Data System or any successor data system
information for the most recent three-year period.
(5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee in a teaching or services
position for which the employee does not hold a legally recognized
certificate or credential or the placement of a certificated employee
in a teaching or services position that the employee is not
otherwise authorized by statute to hold.
(6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the State Board of Education for
kindergarten and grades 1 to 8, inclusive, and adopted by the
governing boards of school districts for grades 9 to 12, inclusive,
and the ratio of textbooks per pupil and the year the textbooks were
adopted.
(B) The availability of sufficient textbooks and other
instructional materials, as determined pursuant to Section 60119, for
each pupil, including English learners, in each of the areas
enumerated in clauses (i) to (iii), inclusive. If the governing board
determines, pursuant to Section 60119 that there are insufficient
textbooks or instructional materials, or both, it shall include
information for each school in which an insufficiency exists,
identifying the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area. The subject areas to be included are all of the
following:
(i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
(7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
(8) Availability of qualified substitute teachers.
(9) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
(10) Adequacy of teacher evaluations and opportunities for
professional improvement, including the annual number of schooldays
dedicated to staff development for the most recent three-year period.
(11) Classroom discipline and climate for learning, including
suspension and expulsion rates for the most recent three-year period.
(12) Teacher and staff training, and curriculum improvement
programs.
(13) Quality of school instruction and leadership.
(14) The degree to which pupils are prepared to enter the
workforce.
(15) The total number of instructional minutes offered in the
school year, separately stated for each grade level, as compared to
the total number of the instructional minutes per school year
required by state law, separately stated for each grade level.
(16) The total number of minimum days, as specified in Sections
46112, 46113, 46117, and 46141, in the school year.
(17) The number of advanced placement courses offered, by subject.
(18) The Academic Performance Index, including the disaggregation
of subgroups as set forth in Section 52052 and the decile rankings
and a comparison of schools.
(19) Whether a school qualified for the Immediate Intervention
Underperforming Schools Program pursuant to Section 52053 and whether
the school applied for, and received a grant pursuant to, that
program.
(20) Whether the school qualifies for the Governor's Performance
Award Program.
(21) When available, the percentage of pupils, including the
disaggregation of subgroups, as set forth in Section 52052,
completing grade 12 who successfully complete the high school exit
examination, as set forth in Sections 60850 and 60851, as compared to
the percentage of pupils in the district and statewide completing
grade 12 who successfully complete the examination.
(22) Contact information pertaining to any organized opportunities
for parental involvement.
(23) For secondary schools, the percentage of graduates who have
passed course requirements for entrance to the University of
California and the California State University pursuant to Section
51225.3 and the percentage of pupils enrolled in those courses, as
reported by the California Basic Educational Data System or any
successor data system.
(24) Whether the school has a college admissions test preparation
course program.
(25) Career technical education data measures, including all of
the following:
(A) A list of programs offered by the school district in which
pupils at the school may participate and that are aligned to the
model curriculum standards adopted pursuant to Section 51226, and
program sequences offered by the school district. The list should
identify courses conducted by a regional occupation center or
program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
(C) The number of pupils participating in career technical
education.
(D) The percentage of pupils that complete a career technical
education program and earn a high school diploma.
(E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
(c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district remains eligible for reimbursement if the
information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
SEC. 59. Section 33126.1 of the Education Code is amended to read:
33126.1. (a) The department shall develop and recommend for
adoption by the State Board of Education a standardized template
intended to simplify the process for completing the school
accountability report card and make the school accountability report
card more meaningful to the public.
(b) The standardized template shall include fields for the
insertion of data and information by the department and by local
educational agencies, including a field to report the determination
of the sufficiency of textbooks and instructional materials, pursuant
to Section 60119, and a summary statement of the condition of school
facilities, as required by Section 17014, Section 17032.5,
subdivision (a) of Section 17070.75, and subdivision (b) of Section
17089. The department shall provide examples of summary statements of
the condition of school facilities that are acceptable and those
that are unacceptable. When the template for a school is completed,
it should enable parents and guardians to compare the manner in which
local schools compare to other schools within that district as well
as other schools in the state.
(c) In conjunction with the development of the standardized
template, the department shall furnish standard definitions for
school conditions included in the school accountability report card.
The standard definitions shall comply with the following:
(1) Definitions shall be consistent with the definitions already
in place or under development at the state level pursuant to existing
law.
(2) Definitions shall enable schools to furnish contextual or
comparative information to assist the public in understanding the
information in relation to the performance of other schools.
(3) Definitions shall specify the data for which the department
will be responsible for providing and the data and information for
which the local educational agencies will be responsible.
(d) By December 1, 2000, the department shall report to the State
Board of Education on the school conditions for which it already has
standard definitions in place or under development. The report shall
include a survey of the conditions for which the department has valid
and reliable data at the state, district, or school level. The
report shall provide a timetable for the inclusion of conditions for
which standard definitions or valid and reliable data do not yet
exist through the department.
(e) By December 1, 2000, the Superintendent of Public Instruction
shall recommend and the State Board of Education shall appoint 13
members to serve on a broad-based advisory committee of local
administrators, educators, parents, and other knowledgeable parties
to develop definitions for the school conditions for which standard
definitions do not yet exist. The State Board of Education may
designate outside experts in performance measurements in support of
activities of the advisory board.
(f) By January 1, 2001, the State Board of Education shall approve
available definitions for inclusion in the template as well as a
timetable for the further development of definitions and data
collection procedures. By July 1, 2001, and each year thereafter, the
State Board of Education shall adopt the template for the current
year's school accountability report card. Definitions for all school
conditions shall be included in the template by July 1, 2002.
(g) The department shall annually post the completed and viewable
template on the Internet. The template shall be designed to allow
schools or districts to download the template from the Internet. The
template shall further be designed to allow local educational
agencies, including individual schools, to enter data into the school
accountability report card electronically, individualize the report
card, and further describe the data elements. The department shall
establish model guidelines and safeguards that may be used by school
districts secured access only for those school officials authorized
to make modifications.
(h) The department shall maintain current Internet links with the
Web sites of local educational agencies to provide parents and the
public with easy access to the school accountability report cards
maintained on the Internet. In order to ensure the currency of these
Internet links, local educational agencies that provide access to
school accountability report cards through the Internet shall furnish
current Uniform Resource Locators (URLs) for their Web sites to the
department.
(i) A school or school district that chooses not to utilize the
standardized template adopted pursuant to this section shall report
the data for its school accountability report card in a manner that
is consistent with the definitions adopted pursuant to subdivision
(c).
(j) The department shall provide recommendations for changes to
the California Basic Educational Data System, or any successor data
system, and other data collection mechanisms to ensure that the
information will be preserved and available in the future.
(k) Local educational agencies shall make these school
accountability report cards available through the Internet or through
paper copies.
(l) The department shall monitor the compliance of local
educational agencies with the requirements to prepare and to
distribute school accountability report cards.
SEC. 60. Section 33353 of the Education Code is amended to read:
33353. (a) The California Interscholastic Federation is a
voluntary organization that consists of school and school-related
personnel with responsibility for administering interscholastic
athletic activities in secondary schools. It is the intent of the
Legislature that the California Interscholastic Federation, in
consultation with the department, implement the following policies:
(1) Give the governing boards of school districts specific
authority to select their athletic league representatives.
(2) Require that all league, section, and state meetings
affiliated with the California Interscholastic Federation be subject
to the notice and hearing requirements of the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code).
(3) Establish a neutral final appeals body to hear complaints
related to interscholastic athletic policies.
(4) Provide information to parents and pupils regarding the state
and federal complaint procedures for discrimination complaints
arising out of interscholastic athletic activities.
(b) (1) The California Interscholastic Federation shall report to
the Legislature and the Governor on its evaluation and accountability
activities undertaken pursuant to this section on or before January
1, 2010. This report shall include, but not be limited to, the goals
and objectives of the California Interscholastic Federation with
regard to, and the status of, all of the following:
(A) The governing structure of the California Interscholastic
Federation, and the effectiveness of that governance structure in
providing leadership for interscholastic athletics in
secondary schools.
(B) Methods to facilitate communication with agencies,
organizations, and public entities whose functions and interests
interface with the California Interscholastic Federation.
(C) The quality of coaching and officiating, including, but not
limited to, professional development for coaches and athletic
administrators, and parent education programs.
(D) Gender equity in interscholastic athletics, including, but not
limited to, the number of male and female pupils participating in
interscholastic athletics in secondary schools, and action taken by
the California Interscholastic Federation in order to ensure
compliance with Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
(E) Health and safety of pupils, coaches, officials, and
spectators.
(F) The economic viability of interscholastic athletics in
secondary schools, including, but not limited to, the promotion and
marketing of interscholastic athletics.
(G) New and continuing programs available to pupil-athletes.
(H) Awareness and understanding of emerging issues related to
interscholastic athletics in secondary schools.
(2) It is the intent of the Legislature that the California
Interscholastic Federation accomplish all of the following:
(A) During years in which the California Interscholastic
Federation is not required to report to the Legislature and the
Governor pursuant to paragraph (1), it shall hold a public comment
period relating to that report at three regularly scheduled
federation council meetings per year.
(B) Annually allow public comment on the policies and practices of
the California Interscholastic Federation at a regularly scheduled
federation council meeting.
(C) Require sections of the California Interscholastic Federation
to allow public comment on the policies and practices of the
California Interscholastic Federation and its sections, and the
report required pursuant to paragraph (1), at each regularly
scheduled section meeting.
(D) Engage in a comprehensive outreach effort to promote the
public hearings described in subparagraphs (A) and (C).
(c) This section shall become inoperative on January 1, 2012,
unless a later enacted statute, that is enacted before January 1,
2012, deletes or extends that date.
SEC. 61. Section 33354 of the Education Code is amended to read:
33354. (a) The department shall have the following authority over
interscholastic athletics:
(1) The department may state that the policies of school
districts, of associations or consortia of school districts, and of
the California Interscholastic Federation, concerning interscholastic
athletics, are in compliance with both state and federal law.
(2) (A) If the department states that a school district, an
association, consortium of school districts, or the California
Interscholastic Federation is not in compliance with state or federal
law, the department may require the school district, association,
consortium, or the federation to adjust its policy so that it is in
compliance. However, the department shall not have authority to
determine the specific policy that a school district must adopt in
order to comply with state and federal law.
(B) Notwithstanding any other provision of law, a complainant from
a public school who wishes to file a discrimination complaint
pursuant to the regulations adopted for the purpose of implementing
Section 261 based on interscholastic activities conducted by an
association, a consortium of school districts, or by the California
Interscholastic Federation, is not required to first file a
discrimination complaint with a school district, but may file an
initial discrimination complaint directly with the department, and
the department shall have the authority to specify, with regard to a
specific discrimination complaint, the administrative remedies that
an association, a consortium of school districts, or the California
Interscholastic Federation must provide in order to comply with state
or federal law.
(3) If the department states that a school district, association,
consortium, or the federation is not in compliance with state or
federal law in matters relating to interscholastic activities, and
the school district, association, consortium, or the federation does
not change its policy in order to comply with these laws, the
department may commence with appropriate legal proceedings against
the California Interscholastic Federation, the school district or
against school districts that are members of the California
Interscholastic Federation or the association or consortium that the
department states is in noncompliance. In a legal proceeding, the
court shall determine the matter de novo. The department may make
recommendations for appropriate remedies in these proceedings.
(b) This section does not limit the discretion of local governing
boards, or voluntary associations formed or maintained pursuant to
subdivision (b) of Section 35179, in any policy, program, or activity
that is in compliance with state and federal law.
(c) The state law with which the policies of school districts,
associations, or consortia of school districts, and of the California
Interscholastic Federation, concerning interscholastic athletics,
are required to comply, in accordance with this section, includes,
but is not limited to, any regulations issued by the state board
pursuant to Section 221.1 with regard to discrimination in
interscholastic athletics.
SEC. 62. Section 33370 of the Education Code is amended to read:
33370. (a) There is hereby created within the department an
American Indian Education Unit, which shall provide technical support
to, and proper administrative oversight of, American Indian
education programs established by the state in order to ensure that
American Indian pupils in California public schools are able to meet
the challenging academic standards of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and that those
programs reflect the cultural and educational standards stated in
Executive Order No. 13336, 69 Federal Register 25295 (May 5, 2004),
relating to American Indian and Alaska Native Education.
(b) The Superintendent shall appoint an American Indian Education
Unit Manager who shall oversee the American Indian Education Unit.
(c) The duties of the American Indian Education Unit shall include
development of clear, consistent, and effective operating policies
and procedures that include measures to ensure that the learning
needs of American Indian pupils are being adequately addressed.
(d) The department shall ensure that staff are properly trained in
the application of the policies adopted pursuant to subdivision (c)
and that the policies are consistent with the legislative intent
relating to the California American Indian Education Program and with
Section 11019.6 of, subdivisions (d) and (f) of Section 11340 of,
and Section 11342.2 of, the Government Code.
(e) The department shall prescribe the following:
(1) The data that California American Indian education centers
shall report on an annual basis in order to measure program
performance.
(2) On or before January 1, 2011, the department shall conduct an
evaluation of the centers to determine whether to renew the
application of each existing center or instead to approve an
application to establish a new center.
(3) A description of the consequences for failing to submit the
data.
(f) The department shall adopt policies that include:
(1) An equitable process that will be used to select centers that
will receive grant awards and determine their respective funding
amounts.
(2) Establish a prompt timeframe for disbursing approved payments
to the centers.
(3) A monitoring process and plan to ensure that fiscal and
program information reported by the centers is accurate and complete,
including a process for corrective action and investigation by the
department for noncompliance. The process shall be based upon
consistent and equitable principles.
(4) The incorporation of culturally responsive methodologies in
order to ensure that an optimal educational program for American
Indian pupils is supported and maintained.
(5) Ensuring respect for the federal trust and sovereign nation
status of California American Indian tribes.
(g) The Superintendent, with input from existing center directors,
shall appoint an American Indian Education Oversight Committee by
January 30, 2007, composed of at least seven educators, four of whom
shall be California American Indian education center directors. All
members shall possess proven knowledge of current educational
policies relating to, and issues faced by, American Indian
communities in California. This committee shall provide input and
advice to the Superintendent on all aspects of American Indian
education programs established by the state.
SEC. 63. Section 35179 of the Education Code is amended to read:
35179. (a) Each school district governing board shall have
general control of, and be responsible for, all aspects of the
interscholastic athletic policies, programs, and activities in its
district, including, but not limited to, eligibility, season of
sport, number of sports, personnel, and sports facilities. In
addition, the board shall ensure that all interscholastic policies,
programs, and activities in its district are in compliance with state
and federal law.
(b) Governing boards may enter into associations or consortia with
other boards for the purpose of governing regional or statewide
interscholastic athletic programs by permitting the public schools
under their jurisdictions to enter into a voluntary association with
other schools for the purpose of enacting and enforcing rules
relating to eligibility for, and participation in, interscholastic
athletic programs among and between schools.
(c) Each governing board, or its designee, shall represent the
individual schools located within its jurisdiction in any voluntary
association of schools formed or maintained pursuant to this section.
(d) No voluntary interscholastic athletic association, of which
any public school is a member, shall discriminate against, or deny
the benefits of any program to, any person on any basis prohibited by
Chapter 2 (commencing with Section 200) of Part 1.
(e) Notwithstanding any other provision of law, no voluntary
interscholastic athletic association shall deny a school from
participating in interscholastic athletic activities because of the
religious tenets of the school, regardless of whether that school is
directly controlled by a religious organization.
(f) Interscholastic athletics is defined as those policies,
programs, and activities that are formulated or executed in
conjunction with, or in contemplation of, athletic contests between
two or more schools, either public or private.
SEC. 64. Section 35900 of the Education Code is amended to read:
35900. (a) The Legislature finds and declares both of the
following:
(1) As the largest school district in California and an urban
district with high numbers of pupils from historically disadvantaged
groups, the Los Angeles Unified School District has unique challenges
and resources that require and deserve special attention to ensure
that all pupils are given the opportunity to reach their full
potential.
(2) The freedom to deviate from the strictures of generally
applicable education statutes and regulations while maintaining the
constant commitment to fairness and equity, and to increasing
academic achievement among all pupils regardless of background, is
central to the success of quality schools in California and is
appropriate, as a concept, for the unique circumstances of the Los
Angeles Unified School District.
(b) It is the intent of the Legislature that the Los Angeles
Unified School District achieve the following pupil learning and
academic achievement expectations through the enactment of this
chapter:
(1) Significantly improved pupil learning and academic achievement
based on the academic standards of the state, graduation
requirements, and other standards for assessing the achievement of
pupils, as measured by the California Standards Tests administered
pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 and other valid and reliable assessments of academic
achievement.
(2) Significantly improved graduation rates and significantly
reduced dropout rates.
(3) A significant reduction in the academic achievement gap among
racial and ethnic groups, between pupils with exceptional needs and
pupils without those needs, and between English language learners and
pupils who are fluent in English, so that all pupils are attaining
similar, acceptable levels of academic achievement.
(4) Parent involvement and satisfaction with the schools that
their children attend.
(5) The success of English language learner pupils in developing
English language proficiency and increased redesignation as measured
by the California English Language Development Test.
(c) It is the intent of the Legislature that the schools and
administration of the Los Angeles Unified School District ensure
that:
(1) All schools are clean and safe places for pupils and school
staff.
(2) Each pupil has a qualified teacher who has had appropriate
professional development for the one or more grades and subjects that
he or she teaches.
(3) Each school has a principal who has had appropriate
professional development to improve his or her ability as an
educational leader to assist in improving teaching and learning at
the school to which he or she is assigned, in building strong
educational teams, and in promoting parental involvement and
community relations.
(4) There is transparency in the fiscal affairs of the schools and
the school district.
(5) Parents, teachers, and other school staff are full partners in
the decisions that affect schools.
(6) The district is decentralized to reduce management
bureaucracies and increase resources to schools and classrooms.
(7) Class sizes are at or below statewide averages for the
corresponding grade levels.
(8) Every segment of the school community is held accountable for
the achievement of the goals described in this section.
(d) Except as expressly and specifically stated in this chapter,
it is the intent of the Legislature that the application of Part 25
(commencing with Section 44000) of this code and Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code to the Los Angeles Unified School District not be
changed or altered.
(e) It is further the intent of the Legislature that, in
performing the school-related duties set forth in this chapter, the
council of mayors described in Section 35920 and the partnership
described in Section 35931, which includes the Mayor of the City of
Los Angeles, function as agencies authorized to maintain public
schools, similar to a school district or county office of education.
The council of mayors and the partnership are, therefore, a part of
the public school system of the state in performing the duties
established in this chapter within the meaning of Section 6 of
Article IX of the California Constitution.
(f) Consistent with the council of mayors' status as part of the
public school system, nothing in this chapter shall be construed to
require any city to expend city resources on services to the Los
Angeles Unified School District or its pupils unless the expenditure
is the result of a city's legislative act taken pursuant to the city'
s ordinary legislative decisionmaking process. Similarly, any
liability incurred by any member of the council of mayors or mayor's
community partnership for education excellence in undertaking any of
the functions described in this chapter shall be borne by the Los
Angeles Unified School District and not by the County of Los Angeles,
or any of the cities within its boundaries.
SEC. 65. Section 35932 of the Education Code is amended to read:
35932. (a) Notwithstanding any other provisions of law, and
except for the authority to negotiate and enforce collective
bargaining agreements, all authority exercised by the board and the
district superintendent with respect to the schools in the
demonstration project shall be transferred to the partnership
described in subdivision (a) of Section 35931, which is directed by
the mayor. In a manner consistent with districtwide collective
bargaining agreements, the partnership may seek waivers, pursuant to
Section 35910, from the state board and authority to operate the
schools in the demonstration project with maximum flexibility and
efficiency.
(b) The schools in the demonstration project shall continue to
exist as district schools, and employees at the schools shall be
deemed to be district employees with all the rights of district
employees.
(c) Schools in the demonstration project shall continue to be
funded with district resources, including average daily attendance
revenue and state or federal categorical or other targeted funding
generated by, or granted based on, the pupils in the schools in each
cluster. That funding may also be supplemented by private funds,
recorded and accounted for by the partnership. The LAUSD shall
provide funds and may assess costs to partnership schools, provided
that these schools shall receive the same benefit from any new or
increased local, state, or federal funding that these schools would
receive if they were not partnership schools.
(d) The partnership schools and the LAUSD shall develop a budget
and cost system that carries out the provisions of this section.
(e) The LAUSD shall not take actions that have negative fiscal
consequences for partnership schools due to their participation in
the partnership.
SEC. 66. Section 37220 of the Education Code is amended to read:
37220. (a) Except as otherwise provided, the public schools shall
close on the following holidays:
(1) January 1.
(2) The third Monday in January or the Monday or Friday in the
week in which January 15 occurs, known as "Dr. Martin Luther King,
Jr. Day." On the Friday preceding the day on which schools are
closed, schools shall include exercises commemorating and directing
attention to the history of the civil rights movement in the United
States and particularly the role therein of Dr. Martin Luther King,
Jr.
(3) The Monday or Friday of the week in which February 12 occurs,
known as "Lincoln Day." On the day that school is in session prior to
the day on which schools are closed for that purpose, all public
schools and educational institutions throughout the state shall hold
exercises in memory of Abraham Lincoln.
(4) The third Monday in February, known as "Washington Day." On
the Friday preceding, all public schools and educational institutions
throughout the state shall hold exercises in memory of George
Washington.
(5) The last Monday in May, known as "Memorial Day."
(6) July 4.
(7) The first Monday in September, known as "Labor Day."
(8) November 11, known as "Veterans Day."
(9) That Thursday in November proclaimed by the President as
"Thanksgiving Day."
(10) December 25.
(11) All days appointed by the Governor for a public fast,
thanksgiving, or holiday, and all special or limited holidays on
which the Governor provides that the schools shall close.
(12) All days appointed by the President as a public fast,
thanksgiving, or holiday, unless it is a special or limited holiday.
(13) Any other day designated as a holiday by the governing board
of the school district.
(b) When any of the holidays on which the schools would be closed
falls on Sunday, the public schools shall close on the Monday
following.
(c) When any of the holidays on which the schools would be closed
falls on Saturday, the public schools shall close on the preceding
Friday, and that Friday shall be declared a state holiday.
(d) If any holiday on which the public schools are required to
close pursuant to subdivision (a) occurs under federal law on a date
different from the date specified in subdivision (a), the governing
board of any school district may close the public schools of the
district on the date recognized by federal law and maintain classes
on the date specified in subdivision (a).
(e) Except for Veterans Day, as designated in paragraph (8) of
subdivision (a), the governing board of a school district, by
adoption of a resolution, may revise the date upon which the schools
of the district close in observance of any of the holidays identified
in subdivision (a).
(f) The governing board of a school district may not request a
waiver of paragraph (8) of subdivision (a) from the state board.
(g) This section does not prohibit a school district from
authorizing its facilities or grounds to be used in accordance with
Section 38131 on those days on which the public schools are closed.
SEC. 67. Section 41207.1 of the Education Code is amended to read:
41207.1. (a) Notwithstanding Section 41206, the minimum state
educational funding guarantee for school districts and community
college districts for the 2004-05 fiscal year, as determined pursuant
to Chapter 213 of the Statutes of 2004, is forty-eight billion six
hundred seventy-five million six hundred seventy-four thousand
dollars ($48,675,674,000), creating an outstanding balance of one
billion six hundred twenty million nine hundred twenty-eight thousand
dollars ($1,620,928,000). The outstanding balance shall be
appropriated and allocated pursuant to Article 3.7 (commencing with
Section 52055.700) of Chapter 6.1 of Part 28.
(b) Notwithstanding Section 41206, the outstanding balance of the
minimum state educational funding requirement for school districts
and community college districts required by subdivision (b) of
Section 8 of Article XVI of the California Constitution in the
2005-06 fiscal year shall be determined using actual data agreed to
by the Superintendent and the Director of Finance no later than
January 31, 2008. The Director of Finance shall provide a written
notification to the Legislature within one month after completion of
the determination, detailing the data of the determination. The
outstanding balance shall be appropriated and allocated pursuant to
Article 3.7 (commencing with Section 52055.700) of Chapter 6.1 of
Part 28.
(c) When the amount determined to be owed for the 2004-05 and
2005-06 fiscal years pursuant to subdivision (a) or (b) is fully
appropriated and allocated pursuant to Article 3.7 (commencing with
Section 52055.700) of Chapter 6.1 of Part 28, the data used in the
computations made under subdivisions (a) and (b) and the total amount
owed by the state for the support of school districts and community
college districts pursuant to Section 8 of Article XVI of the
California Constitution and Chapter 213 of the Statutes of 2004 for
those fiscal years, including as much of the maintenance factor for
those fiscal years determined pursuant to subdivision (d) of Section
8 of Article XVI as has been allocated as required by subdivision (e)
of Section 8 of Article XVI by virtue of the payments made under
this section, shall be deemed certified for purposes of Section
41206.
SEC. 68. Section 42238.51 of the Education Code, as added by
Section 2 of Chapter 653 of the Statutes of 2006, is amended to read:
42238.51. (a) For purposes of paragraph (1) of subdivision (a) of
Section 42238.5, a sponsoring school district's average daily
attendance shall be computed as follows:
(1) Compute the sponsoring school district's regular average daily
attendance in the current year, excluding the attendance of pupils
in charter schools.
(2) (A) Compute the regular average daily attendance used to
calculate the second principal apportionment of the school district
for the prior year, excluding the attendance of pupils in charter
schools.
(B) Compute the attendance of pupils who attended one or more
noncharter schools of the school district between July 1, and the
last day of the second period, inclusive, in the prior year, and who
attended a charter school sponsored by the school district between
July 1, and the last day of the second period, inclusive, in the
current year. For the purposes of this paragraph, a pupil enrolled in
a grade at a charter school sponsored by the school district shall
not be counted if the school district does not offer classes for
pupils enrolled in that grade. The amount of the attendance counted
for any pupil for the purpose of this subparagraph may not be greater
than the attendance claimed for that pupil by the charter school in
the current year.
(C) Compute the attendance of pupils who attended a charter school
sponsored by the school district in the prior year and who attended
one or more noncharter schools of the school district in the current
year. The amount of the attendance counted for any pupil for the
purpose of this subparagraph may not be greater than the attendance
claimed for that pupil by the school district in the current year.
(D) From the amount determined pursuant to subparagraph (B),
subtract the amount determined pursuant to subparagraph (C). If the
result is less than zero, the amount shall be deemed to be zero.
(E) The prior year average daily attendance determined pursuant to
subparagraph (A) shall be reduced by the amount determined pursuant
to subparagraph (D).
(3) To the greater of the amounts computed pursuant to paragraphs
(1) and (2), add the regular average daily attendance in the current
year of all pupils attending charter schools sponsored by the
district that are not funded pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.
(b) For the purposes of this section, a "sponsoring school
district" shall mean a "sponsoring local educational agency," as
defined in Section 47632.
(c) This section shall become operative on July 1, 2007.
SEC. 69. Section 44041 of the Education Code is amended to read:
44041. (a) (1) The governing board of each school district when
drawing an order for the salary payment due to employees of the
district shall, without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for any or all of the following purposes:
(A) Paying premiums on any policy or certificate of group life
insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the
benefit of the employee or his or her dependents issued by an
admitted insurer on a form of policy or certificate approved by the
Insurance Commissioner.
(B) Paying rates, dues, fees, or other periodic charges on any
hospital service contract for the benefit of the employee, or his or
her dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the
provisions of Chapter 11A (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code.
(C) Paying periodic charges on any medical and hospital service
agreement or contract for the benefit of the employee, or his or her
dependents, issued by a nonprofit corporation subject to Part 2
(commencing with Section 5110) of, Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(D) Paying periodic charges on any legal services contract for the
benefit of the employee, or his or her dependents issued by a
nonprofit corporation subject to Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(2) This subdivision shall not apply to subdivision (b).
(b) For purposes of a deferred compensation plan authorized by
Section 403(b) or 457 of the Internal Revenue Code or an annuity
program authorized by Section 403(b) of the Internal Revenue Code
that is offered by the school district which provides for investments
in corporate stocks, bonds, securities, mutual funds, or annuities,
except as prohibited by the California Constitution, the governing
board of each school district when drawing an order for the salary
payment due to an employee of the district shall, with or without
charge, reduce the order by the amount which it has been requested in
a revocable written authorization by the employee to deduct for
participating in a deferred compensation plan or annuity program
offered by the school district. The governing board shall determine
the cost of performing the requested deduction and may collect that
cost from the organization, entity, or employee requesting or
authorizing the deduction. For purposes of this subdivision, the
governing board of a school district is entitled to include in the
amounts reducing the order the costs of any compliance or
administrative services that are required to perform the requested
deduction in compliance with federal or state law, and may collect
these costs from the participating employee, the employee's
participant account, or the organization or entity authorizing the
deduction.
(c) The governing board of the district shall, beginning with the
month designated by the employee and each month thereafter until
authorization for the deduction is revoked, draw its order upon the
funds of the district in favor of the insurer which has issued the
policies or certificates or in favor of the nonprofit hospital
service corporation which has issued hospital service contracts, or
in favor of the nonprofit corporation which has issued medical and
hospital service or legal service agreements or contracts, for an
amount equal to the total of the respective deductions therefor made
during the month. The governing board may require that the employee
submit his or her authorization for the deduction up to one month in
advance of the effective date of coverage.
(d) "Group insurance" as used in this section shall mean only a
bona fide group program of life or disability or life and disability
insurance where a master contract is held by the school district or
an employee organization but it shall, nevertheless, include annuity
programs authorized by Section 403(b) of the Internal Revenue Code
when approved by the governing board.
SEC. 70. Section 44041.5 of the Education Code is amended to read:
44041.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Annuity contract" means an annuity contract described in
Section 403(b) of the Internal Revenue Code that is available to
employees as described in Section 770.3 of the Insurance Code.
(2) "Custodial account" means a custodial account described in
Section 403(b)(7) of the Internal Revenue Code.
(3) "Deferred compensation plan" means a plan described in Section
457 of the Internal Revenue Code.
(4) "Employer" means a school district or county office of
education.
(5) "Third-party administrator" means a person or entity that
provides administrative or compliance services to an employer as
described in subdivision (b).
(b) An employer may enter into a written contract with a
third-party administrator for services regarding an annuity contract
and custodial account or a deferred compensation plan provided by the
employer. That contract may include any of the following:
(1) Services to ensure compliance with either Section 403(b) of
the Internal Revenue Code regarding the annuity contract and
custodial account or Section 457 of the Internal Revenue Code
regarding a deferred compensation plan, including, but not limited
to, any of the following:
(A) Administer and maintain written plan documents governing the
employer's plan.
(B) Review and authorize hardship withdrawal requests under
Section 403(b) of the Internal Revenue Code, transfer requests, loan
requests, unforeseeable emergency withdrawals under Section 457 of
the Internal Revenue Code and other disbursements permitted under
either Section 403(b) or 457 of the Internal Revenue Code.
(C) Review and determine domestic relations orders as qualified
domestic relations orders as described in Section 414(p) of the
Internal Revenue Code.
(D) Provide notice to eligible employees that is consistent with
Title 26 of the Code of Federal Regulations that those employees may
participate in an annuity contract and custodial account.
(E) Administer and maintain specimen salary reduction agreements
for the employer and employees of that employer to initiate payroll
deferrals.
(F) Monitor, from information provided either directly from the
employee, as part of the common remitting services provided pursuant
to paragraph (2), through information provided by the employer, or
through information provided by vendors authorized by the employer to
provide investment products, the maximum contributions allowed by
employees participating in either the annuity contract and custodial
account as described in Sections 402(g), 414(v), and 415 of the
Internal Revenue Code or the deferred compensation plan as described
in Section 414(v) or 457 of the Internal Revenue Code.
(G) Calculate and maintain vesting information for contributions
made by the employer to the annuity contract and custodial account or
deferred compensation plan.
(H) Identify and notify employees that are required to take a
minimum distribution of the funds in that employee's annuity contract
and custodial account or deferred compensation plan as described in
Section 401(a)(9) of the Internal Revenue Code.
(I) Coordinate responses to the Internal Revenue Service if there
is an Internal Revenue Service audit of the annuity contract and
custodial account or deferred compensation plan.
(2) Services to administer the annuity contract and custodial
account or a deferred compensation plan that includes, but is not
limited to, all of the following:
(A) Common remitting services.
(B) General educational information to employees about the annuity
contract and custodial account or the deferred compensation plan
that includes, but is not limited to, the enrollment process, program
eligibility, and investment options.
(C) Internal reports for the employer to ensure compliance with
either Section 403(b) or 457 of the Internal Revenue Code and
compliance with Title 26 of the Code of Federal Regulations.
(D) Consulting services related to the design, operation, and
administration of the plan.
(E) Internal audits, on behalf of an employer, of a provider's
plan compliance procedures with respect to the provider's annuity
contract or custodial account offered under the employer's plan.
These audits shall not be conducted more than once per year for any
provider's plan unless documented evidence indicates a problem in
complying with either Section 403(b) or 457 of the Internal Revenue
Code.
(c) (1) If an employer elects to contract with a third-party
administrator for the administrative or compliance services to
employers described in subdivision (b), the employer shall do all of
the following:
(A) Require the third-party administrator to provide proof of
liability insurance and a fidelity bond in an amount determined by
the employer to be sufficient to protect the assets of participants
and beneficiaries in the annuity contract and custodial account or
deferred compensation plan.
(B) Require the third-party administrator to provide evidence of a
safe chain-of-custody of assets process for ensuring fulfillment of
fiduciary responsibilities and timely placement of participant
investments.
(C) Require evidence, if the third-party administrator is related
to or affiliated with a provider of investment products pursuant to
Section 403(b) or 457 of the Internal Revenue Code, that data
generated from the services provided by the third-party administrator
are maintained in a manner that prevents the provider of investment
products from accessing that data unless access to the data is
required to provide the services in accordance with the contract
entered into with the employer pursuant to subdivision (b).
(2) This subdivision shall apply to any administrative or
compliance services provided pursuant to a contract for services
between an employer and the State Teachers' Retirement System if the
system does not contract with a third-party administrator to provide
those administrative and compliance services on behalf of the system.
(d) A third-party administrator shall disclose to any employer
seeking his or her services any fees, commissions, cost offsets,
reimbursements, or marketing or promotional items received by the
administrator, a related entity, or a representative or agent of the
administrator or related entity from any plan provider selected as a
vendor of a annuity contract, custodial account, or deferred
compensation plan by the employer. A third-party administrator that
is affiliated with or has a contractual relationship with a provider
of annuity contracts, custodial accounts, or deferred compensation
plans shall disclose the existence of the relationship to each
employer and each individual participant in the annuity contract,
custodial account or deferred compensation plan.
(e) Any personal information obtained by the third-party
administrator in providing services pursuant to this section shall be
used by the third-party administrator only to provide those services
for the employer in accordance with the contract entered into with
the employer pursuant to subdivision (b).
(f) Nothing in this section shall be construed to interfere with
either of the following:
(1) The rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(2) The ability of the employer to establish nonarbitrary
requirements upon providers of an annuity contract that, in the
employer's discretion, aid in the administration of its benefit
programs and do not unreasonably discriminate against any provider of
an annuity contract or interfere with the rights of employees or
beneficiaries as described in Section 770.3 of the Insurance Code.
(g) This section shall not apply to any services provided by a
third-party administrator pursuant to a contract for services between
an employer and the State Teachers' Retirement System. Any services
provided by a third-party administrator pursuant to a contract for
services between an employer and the State Teachers' Retirement
System shall be subject to either Section 24953, in the case of an
annuity contract or custodial account, or Section 24977, in the case
of a deferred compensation plan.
SEC. 71. Section 44468 of the Education Code is amended to read:
44468. (a) An internship program, established pursuant to Article
7.5 (commencing with Section 44325) of Chapter 2 or this article,
that is accredited by the commission shall provide interns who meet
entrance criteria and are accepted to a multiple subject teaching
credential program, a single subject teaching credential program, or
a level 1 education specialist credential program that provides
instruction to individuals with mild to moderate disabilities, the
opportunity to choose an early program completion option, culminating
in a five-year preliminary teaching credential. The early completion
option shall be made available to interns who meet the following
requirements:
(1) Pass a written assessment that assesses knowledge of teaching
foundations, is adopted for this purpose by the commission, and
includes all of the following:
(A) Human development as it relates to teaching and learning
aligned with the state content and performance standards for pupils
adopted pursuant to subdivision (a) of Section 60605.
(B) Techniques to address learning differences including working
with pupils with special needs.
(C) Techniques to address working with English learners to provide
access to the curriculum.
(D) Reading instruction as set forth in paragraph (4) of
subdivision (b) of Section 44259.
(E) The assessment of pupil progress based upon the state content
and performance standards for pupils adopted pursuant to subdivision
(a) of Section 60605 and planning intervention based on the
assessment.
(F) Classroom management techniques.
(G) Methods of teaching the subject fields.
(2) Pass the teaching performance assessment as set forth in
Section 44320.2.
(A) An intern participating in the early completion option may
take the teaching performance assessment only one time as part of the
early completion option. An intern who takes the teaching
performance assessment but is not successful may complete his or her
internship program. Scores on this assessment shall be used by the
internship programs in providing the individualized professional
development plan for interns that emphasizes preparation in areas
where additional growth is warranted and waiving preparation in areas
where the candidate has demonstrated competence. The intern must
retake and pass the teaching performance assessment at the end of the
internship in order to be considered for recommendation by the
internship program to the commission.
(B) Pending implementation of the teaching performance assessment,
an internship program shall provide for early recommendation of an
intern for a preliminary multiple subject teaching credential, single
subject teaching credential, or level 1 education specialist
credential that authorizes instruction to individuals with mild to
moderate disabilities, based upon demonstrated competence of the
field experience component of the internship program.
(3) Pass the reading instruction competence assessment described
in Section 44283, unless the written assessment adopted by the
commission pursuant to paragraph (1) is validated as covering content
equivalent to the reading assessment.
(4) Meet the requirements for teacher fitness as set forth in
Sections 44339, 44340, and 44341.
(b) An intern who chooses the early completion option must first
pass the assessment required pursuant to paragraph (1) of subdivision
(a) in order to qualify to take the teaching performance assessment
required pursuant to paragraph (2) of subdivision (a). Individuals
who have passed the written assessment may receive individualized
support within the cohort group of like individuals in preparation
for the teaching performance assessment.
(c) An intern who challenges the teacher preparation coursework by
taking the assessment described in paragraph (1) of subdivision (a),
but is not successful in passing the assessment, may complete his or
her full internship program. Scores on this assessment shall be used
by the internship program in providing the individualized
professional development plan for interns that emphasizes preparation
in areas where additional growth is warranted and waiving
preparation areas where the intern has demonstrated competence.
(d) An intern who passes the assessments described in subdivision
(a) and is recommended by the internship program to the commission is
eligible for a five-year preliminary multiple subject teaching
credential, single subject teaching credential, or level 1 education
specialist credential that authorizes instruction to individuals with
mild to moderate disabilities.
(e) The commission shall issue a professional clear multiple or
single subject teaching credential to an applicant whose employing
public school district documents, in a manner prescribed by the
commission, that he or she has fulfilled the following requirements:
(1) Holds a preliminary five-year teaching credential issued by
the commission.
(2) Completes one of the following in accordance with the
determination of the employing public school district based upon the
experience and individual needs of the applicant:
(A) A program of beginning teacher support and assessment
established pursuant to Article 4.5 (commencing with Section 44279.1)
of Chapter 2 of Part 24, including the California formative
assessment and support system for teachers.
(B) An alternative program of beginning teacher induction that the
commission determines, in conjunction with the Superintendent of
Public Instruction, meets state standards for teacher induction and
includes the California formative assessment and support system for
teachers or an alternative assessment deemed to meet the standards.
(3) As an alternative to the requirements in paragraph (2), an
applicant may choose to complete the California formative assessment
and support system for teachers or the equivalent at a faster pace as
determined by the Beginning Teacher Support and Assessment System
program.
SEC. 72. Section 49561 of the Education Code is amended to read:
49561. (a) The department shall create a computerized
data-matching system using existing databases from the department and
the State Department of Health Services to directly certify
recipients of the Food Stamp Program, the California Work Opportunity
and Responsibility to Kids program (the CalWORKs program) (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), and other programs authorized for
direct certification under federal law, for enrollment in the
National School Lunch and School Breakfast Programs. This subdivision
does not include Medi-Cal benefits within the criteria for direct
certification specified in the Child Nutrition and WIC
Reauthorization Act of 2004 (P.L. 108-265).
(b) The department shall design a process using an existing agency
database that will conform with data from the State Department of
Health Services to meet the direct certification requirements of the
National School Lunch Act, as amended, pursuant to Chapter 13
(commencing with Section 1751) of Title 42 of the United States Code,
and the Child Nutrition Act of 1966, as amended, pursuant to Chapter
13A (commencing with Section 1771) of Title 42 of the United States
Code.
(c) The department shall design a process using computerized data
pursuant to subdivision (a) that will maximize enrollment in school
meal programs and improve program integrity while ensuring that pupil
privacy safeguards remain in place.
(d) (1) Each state agency identified in subdivision (a) is
responsible for the maintenance and protection of data received by
their respective agency. The state agency that possesses the data
shall follow privacy and confidentiality procedures consistent with
all applicable state and federal law.
(2) Notwithstanding Section 10850 of the Welfare and Institutions
Code, data that identify applicants for, or recipients of, public
social services, may be transferred from existing databases
maintained by the State Department of Health Services, in order to
directly certify recipients of the Food Stamp Program, the CalWORKs
program, and other programs authorized for direct certification under
federal law, in compliance with subdivision (a). The Legislature
hereby finds and declares that this paragraph is declaratory of
existing law.
(e) The department shall determine the availability of and request
or apply for, as appropriate, federal funds to assist the state in
implementing new direct certification requirements mandated by
federal law.
(f) This section shall become operative upon receipt of federal
funds to assist the state in implementing new direct certification
requirements mandated by federal law.
SEC. 73. Section 51221.4 of the Education Code is amended to read:
51221.4. (a) The Legislature encourages instruction in the area
of social sciences, as required pursuant to subdivision (b) of
Section 51220, which may include instruction on the Vietnam war
including the "Secret War" in Laos and the role of Southeast Asians
in that war. The Legislature encourages that this instruction
include, but not be limited to, a component drawn from personal
testimony, especially in the form of oral or video history of
Southeast Asians who were involved in the Vietnam war and those men
and women who contributed to the war effort on the homefront. The
oral histories used as a part of the instruction regarding the role
of Southeast Asians in the Vietnam war and the "Secret War" in Laos
shall exemplify the personal sacrifice and courage of the wide range
of ordinary citizens who were called upon to participate and provide
intelligence for the United States. The oral histories shall contain
the views and comments of their subjects regarding the reasons for
their participation in the war. These oral histories shall also
solicit comments from their subjects regarding the aftermath of the
war and the immigration of Southeast Asians to the United States.
(b) This section shall be carried out in a manner that does not
result in any new duties or programs being imposed on the school
district. In that regard, the Legislature finds and declares that
this section does not mandate costs to local agencies or school
districts and that materials used to comply with this section shall
be part of normal curriculum materials purchased by school districts
in their normal course of business and purchasing cycles.
SEC. 74. Section 51251 of the Education Code is amended to read:
51251. (a) A governing board of a school district and a county
office of education may undertake any or all of the following in
order to properly address the needs of military dependents:
(1) Establish a course credit transfer policy for schoolage
military dependents provided that, under the policy, the military
dependents would still substantially meet the graduation requirements
prescribed by the governing board. A school district may require a
military dependent, within reason, to meet the graduation
requirements of the district, established pursuant to paragraph (2)
of subdivision (a) of Section 51225.3, that are in addition to state
graduation requirements.
(2) Provide early entry transfer, pretranscript evaluation, pupil
support services, and other similar assistance to aid schoolage
military dependents in meeting graduation requirements.
(b) A governing board of a school district may take the actions
described in subdivision (a) if both of the following circumstances
have been met:
(1) The parent or legal guardian of the military dependent is
serving on active duty or has been discharged from military service
within the last year.
(2) The transfer of the military dependent to a new school is the
direct result of a military transfer or discharge of the parent or
legal guardian of the dependent.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Early entry transfer" means that a pupil shall have completed
the transfer process prior to arriving on the campus of the school
to which the pupil is transferring and that upon arrival at the
school to which the pupil is transferring, the pupil shall be able to
attend his or her assigned classes and participate in his or her
desired extracurricular activities, if the pupil meets the
eligibility requirements for those activities.
(2) "Pretranscript evaluation" means that the school to which the
pupil is transferring shall review the coursework-to-date of the
pupil, including any unofficial transcripts, prior to the receipt of
official transcripts or the arrival of the pupil. This evaluation
process shall be designed to clarify any questions about the
placement of the pupil in classes at the school to which the pupil is
transferring and shall include communication with school counselors
and teachers at the school from which the pupil is transferring by
any or all of the following means: videoconferencing, e-mail
correspondence, and telephone calls.
SEC. 75. Section 51871.5 of the Education Code is amended to read:
51871.5. (a) It is the intent of the Legislature that education
technology planning be accomplished in the most comprehensive manner
possible. To that end, the current practice of developing education
technology plans for each funding program should be replaced with a
comprehensive local planning process that will enable school
districts to apply for grants on an ongoing basis and assist in
utilizing available education technology programs.
(b) On or after January 1, 2005, as a precondition to receiving a
technology grant administered by the department, a school district
shall have a current three- to five-year education technology plan.
The state board may waive this requirement if it determines that the
applicant school district made a good faith effort to develop a plan,
but for reasons beyond its control, the district cannot develop the
plan before receipt of the technology grant.
(c) On or before July 1, 2007, the Superintendent shall develop
guidelines and criteria for inclusion in the education technology
plan required pursuant to subdivision (b). The guidelines and
criteria shall include a component to educate pupils and teachers on
the appropriate and ethical use of information technology in the
classroom, Internet safety, the manner in which to avoid committing
plagiarism, the concept, purpose, and significance of a copyright so
that pupils are equipped with the skills necessary to distinguish
lawful from unlawful online downloading, and the implications of
illegal peer-to-peer network file sharing.
A school district that, on July 1, 2008, has a current three- to
five-year education technology plan that complies with subdivision
(b) is not required to comply with this
subdivision until after its plan expires or is
voluntarily replaced.
(d) On or after January 1, 2005, the Superintendent shall ensure
that each school district has access to technical assistance and an
approved online technology plan builder that the department
determines is in compliance with state and federal requirements.
(e) The department shall maintain a record of school districts
that have a three- to five-year education technology plan and shall
make that information available to interested public agencies.
SEC. 76. Section 52052 of the Education Code is amended to read:
52052. (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools, especially the academic performance of
pupils.
(2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English language learners.
(D) Pupils with disabilities.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
(i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
(ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
(B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
(C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
(4) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
(A) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) The number of pupils who graduated on time for the current
school year, which is considered to be three school years after the
pupils entered 9th grade for the first time, divided by the total
calculated in clause (ii).
(ii) The number of pupils entering 9th grade for the first time in
the school year three school years prior to the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years prior to the current school year and the date
of graduation, less the number of pupils who transferred out of the
school between the school year that was three school years prior to
the current school year and the date of graduation who were members
of the class that is graduating at the end of the current school
year.
(B) The pupil data collected for the API that comes from the
achievement test administered pursuant to Sections 60640 and 60644
and the high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English language learners, socioeconomic status,
gender, and ethnic group. Only the test scores of pupils who were
counted as part of the enrollment in the annual data collection of
the California Basic Educational Data System for the current fiscal
year and who were continuously enrolled during that year may be
included in the test result reports in the API score of the school.
Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index.
(C) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data are currently reported to the state and the accuracy
of the data. Notwithstanding any other provision of law, graduation
rates for pupils in dropout recovery high schools shall not be
included in the API. For purposes of this subparagraph, "dropout
recovery high school" means a high school in which 50 percent or more
of its pupils have been designated as dropouts pursuant to the
exit/withdrawal codes developed by the department.
(D) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on statewide
standards-aligned assessments. In addition, the data shall be made
available in a manner that provides for comparisons of a minimum of
three years of data.
(b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
(1) The assessment of the applied academic skills matrix test
developed pursuant to Section 60604.
(2) The nationally normed test designated pursuant to Section
60642.
(3) The standards-based achievement tests provided for in Section
60642.5.
(4) The high school exit examination.
(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target. When the API is fully
developed, schools must, at a minimum, meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
(e) The API shall be used for both of the following:
(1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
(2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
(f) (1) A school with 11 to 99 pupils with valid test scores shall
receive an API score with an asterisk that indicates less
statistical certainty than API scores based on 100 or more test
scores.
(2) A school shall annually receive an API score, unless the
Superintendent determines that an API score would be an invalid
measure of the performance of the school for one or more of the
following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school are not
representative of the pupil population at the school.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(3) If a school has fewer than 100 pupils with valid test scores,
the calculation of the API or adequate yearly progress pursuant to
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and federal regulations may be calculated over more than one
annual administration of the tests administered pursuant to Sections
60640 and 60644 and the high school exit examination administered
pursuant to Section 60851, consistent with regulations adopted by the
state board.
(g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(h) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
SEC. 77. Section 52055.730 of the Education Code is amended to
read:
52055.730. (a) The Superintendent shall identify and invite
school districts and chartering authorities that have eligible
schools to participate in the program established under this article.
(b) The Superintendent shall notify school districts and
chartering authorities at the earliest possible date of all of the
following:
(1) Schoolsites in the district or of a chartering authority that
are eligible to receive funding pursuant to this article.
(2) The program and accountability requirements for schools that
receive funding pursuant to this article.
(3) The deadlines for the submission of documents necessary to
receive funding pursuant to this article.
(4) Any other information the Superintendent deems necessary to
implement this article.
(c) The Superintendent shall specify the manner in which school
districts and chartering authorities shall submit applications to
receive funding pursuant to this article. It is the intent of the
Legislature that this submission process be as simple as possible,
use easily available data, and include the requirements of this
article.
(d) On or before June 30, 2007, the Superintendent, in
consultation with interested parties, shall develop a uniform process
that can be used to calculate average experience for purposes of
reporting, analyzing, or evaluating the distribution of classroom
teaching experience in grades, schoolsites, or subjects across the
district. The uniform process shall include an index that uses the
2005-06 California Basic Educational Data System (CBEDS) Professional
Assignment Information Form (PAIF), including any necessary
corrections, as the base-reporting year to evaluate annual
improvements of the funded schools toward balancing the index of
teaching experience. The index shall be approved by the
Superintendent. The uniform process shall designate teaching
experience beyond 10 years as 10 years.
(e) The Superintendent shall make applications submitted pursuant
to subdivision (c) available for review by the secretary. The
Superintendent and the secretary shall review the applications and
select the schools for recommendation to the state board within 30
days after the date the application is submitted to the
Superintendent.
(f) After reviewing applications submitted pursuant to subdivision
(c), the Superintendent and the secretary, jointly, shall submit
their recommendations for schools to be funded to the state board for
approval. The recommendations shall ensure a wide geographic
distribution of funded schools across urban, rural, and suburban
areas of the state. Schools selected should also represent a diverse
distribution of grade levels. If the Superintendent and the secretary
cannot complete the review and recommendation process in the time
provided, the Superintendent shall submit recommendations to the
board.
(g) To the maximum extent possible the Superintendent, the
secretary, and the state board shall recommend and approve sufficient
schools to use all available funds. A school selected in the first
year shall continue in the program unless it is terminated pursuant
to subdivision (c) of Section 52055.740, it declines to participate,
or there is evidence of fraud or fiscal irregularities.
(h) In approving the recommendations for funding from the
Superintendent and the secretary, the state board shall also verify
that the funded schools represent the required balance, geographic
distribution, and diverse distribution of grade levels.
(i) The Superintendent shall perform the duties of a county
superintendent of schools pursuant to this article for funded schools
in those counties in which a single school district operates. The
Superintendent may delegate this responsibility to a county
superintendent of schools in the region in which the single district
county is located.
(j) The Superintendent and the secretary may select not more than
two county offices of education to provide regional technical
support, document best practices, and provide information regarding
those practices and other support information to schools, school
districts, and chartering authorities. It is the intent of the
Legislature that these activities be merged to the maximum extent
feasible with other state and federally funded activities with
similar requirements.
SEC. 78. Section 52055.770 of the Education Code is amended to
read:
52055.770. (a) School districts and chartering authorities shall
receive funding at the following rate, on behalf of funded schools:
(1) For kindergarten and grades 1 to 3, inclusive, five hundred
dollars ($500) per enrolled pupil in funded schools.
(2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per
enrolled pupil in funded schools.
(3) For grades 9 to 12, inclusive, one thousand dollars ($1,000)
per enrolled pupil in funded schools.
(b) For purposes of subdivision (a), enrollment of a pupil in a
funded school in the prior fiscal year shall be based on data from
the CBEDS. For the 2007-08 fiscal year, the funded rates shall be
reduced to reflect the percentage difference in the total amounts
appropriated for purposes of this section in that year compared to
the amounts appropriated for purposes of this section in the 2008-09
fiscal year.
(c) The following amounts are hereby appropriated from the General
Fund for the purposes set forth in subdivision (f):
(1) For the 2007-08 fiscal year, three hundred million dollars
($300,000,000), to be allocated as follows:
(A) Thirty-two million dollars ($32,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(B) Two hundred sixty-eight million dollars ($268,000,000) for
transfer by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(2) For each of the 2008-09 to 2013-14 fiscal years, inclusive,
four hundred fifty million dollars ($450,000,000) per fiscal year, to
be allocated as follows:
(A) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (e).
(B) Four hundred two million dollars ($402,000,000) for transfer
by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(d) For the 2013-14 fiscal year the amounts appropriated under
subdivision (c) shall be adjusted to reflect the total fiscal
settlement agreed to by the parties in California Teachers
Association, et al. v. Arnold Schwarzenegger (Case Number 05CS01165
of the Superior Court for the County of Sacramento) and the sum of
all fiscal years of funding provided to fund this article shall not
exceed the total funds agreed to by those parties. This annual
appropriation shall continue to be made until the Director of Finance
reports to the Legislature, along with all proposed adjustments to
the Governor's Budget pursuant to Section 13308 of the Government
Code, that the sum of appropriations made and allocated pursuant to
subdivision (c) equals the total outstanding balance of the minimum
state educational funding obligation to school districts and
community college districts required by Section 8 of Article XVI of
the California Constitution and Chapter 213 of the Statutes of 2004
for the 2004-05 and 2005-06 fiscal years, as determined in
subdivision (a) or (b) of Section 41207.1.
(e) The sum transferred under subparagraph (A) of paragraph (2) of
subdivision (c) shall be allocated by the Chancellor of the
California Community Colleges as follows:
(1) Thirty-eight million dollars ($38,000,000) to the community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(2) Ten million dollars ($10,000,000) to the community colleges
for the purpose of providing one-time block grants to community
college districts to be used for one-time items of expenditure,
including, but not limited to, the following purposes:
(A) Physical plant, scheduled maintenance, deferred maintenance,
and special repairs.
(B) Instructional materials and support.
(C) Instructional equipment, including equipment related to
career-technical education, with priority for nursing program
equipment.
(D) Library materials.
(E) Technology infrastructure.
(F) Hazardous substances abatement, cleanup, and repair.
(G) Architectural barrier removal.
(H) State-mandated local programs.
(3) The Chancellor of the California Community Colleges shall
allocate the amount allocated pursuant to paragraph (2) to community
college districts on an equal amount per actual full-time-equivalent
student (FTES) reported for the prior fiscal year, except that each
community college district shall be allocated an amount not less than
fifty thousand dollars ($50,000), and the equal amount per unit of
FTES shall be computed accordingly.
(4) Funds allocated under paragraph (2) shall supplement and not
supplant existing expenditures and may not be counted as the district
contribution for physical plant projects and instructional material
purchases funded in Item 6870-101-0001 of Section 2.00 of the annual
Budget Act.
(f) The appropriations made under subdivision (c) are for the
purpose of discharging in full the minimum state educational funding
obligation to school districts and community college districts
pursuant to Section 8 of Article XVI of the California Constitution
and Chapter 213 of the Statutes of 2004 for the 2004-05 fiscal year,
and the outstanding maintenance factor for the 2005-06 fiscal year
resulting from this additional payment of the Chapter 213 amount for
the 2004-05 fiscal year.
(g) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, including
computation of the state's minimum funding obligation to school
districts and community college districts in subsequent fiscal years,
the first one billion six hundred twenty million nine hundred
twenty-eight thousand dollars ($1,620,928,000) in appropriations made
pursuant to subdivision (c) shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 and "General Fund Revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202, for the 2004-05 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for that fiscal year. The remaining
appropriations made pursuant to subdivision (c) shall be deemed to be
"General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 and "General Fund
revenues appropriated for community college districts," as defined in
subdivision (d) of Section 41202, for the 2005-06 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for that fiscal year.
(h) From funds appropriated under subdivision (c), the
Superintendent shall provide both of the following:
(1) Not more than two million dollars ($2,000,000) annually to
county superintendents of schools to carry out the requirements of
this article, allocated in a manner similar to that created to carry
out the new duties of those superintendents under the settlement
agreement in the case of Williams v. California (Super. Ct. San
Francisco, No. CGC-00-312236).
(2) Five million dollars ($5,000,000) in the 2007-08 fiscal year
to support regional assistance under Section 52055.730. It is the
intent of the Legislature that the Superintendent and the secretary,
along with county offices of education, seek foundational and other
financial support to sustain and expand these services. Funds
provided under this paragraph that are not expended in the 2007-08
fiscal year shall be reappropriated for use in subsequent fiscal
years for the same purpose.
(i) Notwithstanding any other provision of law, funds appropriated
under subdivision (c) but not allocated to schools with kindergarten
or grades 1 to 12, inclusive, in a fiscal year, due to program
termination in any year or otherwise, shall be available for
reappropriation only in furtherance of the purposes of this article.
First priority for those amounts shall be to provide cost-of-living
increases and enrollment growth adjustments to funded schools.
(j) The sum of three hundred fifty thousand dollars ($350,000) is
hereby appropriated from the General Fund to the State Department of
Education to fund 3.0 positions to implement this article. Funding
provided under this subdivision is not part of funds provided
pursuant to subdivision (c).
SEC. 79. Section 60640 of the Education Code, as amended by
Section 5 of Chapter 676 of the Statutes of 2005, is amended to read:
60640. (a) There is hereby established the Standardized Testing
and Reporting Program, to be known as the STAR Program.
(b) Commencing in the 2007-08 fiscal year and each fiscal year
thereafter, and from the funds available for that purpose, each
school district, charter school, and county office of education shall
administer to each of its pupils in grades 3 and 7 the achievement
test designated by the state board pursuant to Section 60642 and
shall administer to each of its pupils in grades 3 to 11, inclusive,
the standards-based achievement test provided for in Section 60642.5.
The state board shall establish a testing period to provide that all
schools administer these tests to pupils at approximately the same
time during the instructional year, except as necessary to ensure
test security and to meet the final filing date.
(c) The publisher and the school district shall provide two makeup
days for the testing of previously absent pupils within the testing
period established by the state board in subdivision (b).
(d) The governing board of the school district may administer
achievement tests in grades other than those required by subdivision
(b) as it deems appropriate.
(e) Pursuant to paragraph (16) of subsection (a) of Section 1412
of Title 20 of the United States Code, individuals with exceptional
needs, as defined in Section 56026, shall be included in the testing
requirement of subdivision (b) with appropriate accommodations in
administration, where necessary, and those individuals with
exceptional needs who are unable to participate in the testing, even
with accommodations, shall be given an alternate assessment.
(f) (1) At the option of the school district, a pupil with limited
English proficiency who is enrolled in any of grades 3 to 11,
inclusive, may take a second achievement test in his or her primary
language. Primary language tests administered pursuant to this
subdivision and subdivision (g) shall be subject to the requirements
of subdivision (a) of Section 60641. These primary language tests
shall produce individual pupil scores that are valid and reliable.
(2) Notwithstanding any other provision of law, the state board
shall designate for use, as part of this program, a single primary
language test in each language for which a test is available for
grades 3 to 11, inclusive, pursuant to the process used for
designation of the assessment chosen in the 1997-98 fiscal year, as
specified by Sections 60642 and 60643, and as specified by Section
60642.5, as applicable.
(3) (A) The department shall use funds made available pursuant to
Title VI of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) and appropriated by the annual Budget Act for the
purpose of developing and adopting primary language assessments that
are aligned to the state academic content standards. Subject to the
availability of funds, primary language assessments shall
be developed and adopted for
reading/language arts and mathematics in the dominant primary
language of limited-English-proficient pupils. The dominant primary
language shall be determined by the count in the annual language
census of the primary language of each limited-English-proficient
pupil enrolled in the California public schools.
(B) Once a dominant primary language assessment is available for
use for a specific grade level, it shall be administered in place of
the assessment designated pursuant to paragraph (1) for that grade
level.
(C) In selecting a contractor to develop a primary language
assessment, the state board shall consider the criteria for choosing
a contractor or test publisher as specified by Sections 60642 and
60643, and as specified by Section 60642.5, as applicable.
(D) Subject to the availability of funds, the assessments shall be
developed in grade order starting with the lowest grade subject to
the STAR Program.
(E) If the state board contracts for the development of primary
language assessments or test items to augment an existing assessment,
the state shall retain ownership rights to the assessment and the
test items. With the approval of the state board, the department may
license the test for use in other states subject to a compensation
agreement approved by the Department of Finance.
(g) A pupil identified as limited English proficient pursuant to
the administration of a test made available pursuant to Section 60810
who is enrolled in any of grades 3 to 11, inclusive, and who either
receives instruction in his or her primary language or has been
enrolled in a school in the United States for less than 12 months
shall be required to take a test in his or her primary language if a
test is available.
(h) (1) The Superintendent shall apportion funds to school
districts to enable school districts to meet the requirements of
subdivision (b), the alternative assessment required by subdivision
(e), and subdivisions (f) and (g).
(2) The state board shall annually establish the amount of funding
to be apportioned to school districts for each test administered and
shall annually establish the amount that each publisher shall be
paid for each test administered under the agreements required
pursuant to Section 60643. The amounts to be paid to the publishers
shall be determined by considering the cost estimates submitted by
each publisher each September and the amount included in the annual
Budget Act, and by making allowance for the estimated costs to school
districts for compliance with the requirements of subdivision (b),
the alternative assessment required by subdivision (e), and
subdivisions (f) and (g).
(3) An adjustment to the amount of funding to be apportioned per
test may not be valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount of
funding to be apportioned per test shall be submitted in writing to
the Director of Finance and the chairpersons of the fiscal committees
of both houses of the Legislature with accompanying material
justifying the proposed adjustment. The Director of Finance is
authorized to approve only those adjustments related to activities
required by statute. The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation for
the apportionments made pursuant to paragraph (1) of subdivision (h),
and the payments made to the publishers under the contracts required
pursuant to Section 60643 or subparagraph (C) of paragraph (1) of
subdivision (a) of Section 60605 between the department and the
contractor, are "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202, for the
applicable fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202, for that fiscal year.
(j) As a condition to receiving an apportionment pursuant to
subdivision (h), a school district shall report to the Superintendent
all of the following:
(1) The number of pupils enrolled in the school district in grades
3 to 11, inclusive.
(2) The number of pupils to whom an achievement test was
administered in grades 3 to 11, inclusive, in the school district.
(3) The number of pupils in paragraph (1) who were exempted from
the test at the request of their parents or guardians.
(k) The Superintendent and the state board are authorized and
encouraged to assist postsecondary educational institutions to use
the assessment results of the California Standards Tests, including,
but not limited to, the augmented California Standards Tests, for
academic credit, placement, or admissions processes.
() The Superintendent shall, with the approval of the state board,
annually release to the public at least 25 percent of test items
from the standards-based achievement test provided for in Section
60642.5 from the test administered in the previous year.
(m) This section shall become operative July 1, 2007.
SEC. 80. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
(1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), after review and comment by the
advisory board convened pursuant to subdivision (h).
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section
1242h of Title 20 of the United States Code, and related federal
regulations.
(h) The department shall convene an advisory board consisting of
representatives from the state board, the Secretary for Education,
the Department of Finance, the State Privacy Ombudsman, the
Legislative Analyst's Office, representatives of parent groups,
school districts, and local educational agencies, and education
researchers to establish privacy and access protocols, provide
general guidance, and make recommendations relative to data elements.
The department is encouraged to seek representation broadly
reflective of the general public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, or charter
school.
SEC. 81. Section 87040 of the Education Code is amended to read:
87040. (a) (1) The governing board of each community college
district when drawing an order for the salary payment due to
employees of the district shall, without charge, reduce the order by
the amount which it has been requested in a revocable written
authorization by the employee to deduct for any or all of the
following purposes:
(A) Paying premiums on any policy or certificate of group life
insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the
benefit of the employee or his or her dependents issued by an
admitted insurer on a form of policy or certificate approved by the
Insurance Commissioner.
(B) Paying rates, dues, fees, or other periodic charges on any
hospital service contract for the benefit of the employee, or his or
her dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the
provisions of Chapter 11A (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code.
(C) Paying periodic charges on any medical and hospital service
agreement or contract for the benefit of the employee, or his or her
dependents, issued by a nonprofit corporation subject to Part 2
(commencing with Section 5110) of, Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(D) Paying periodic charges on any legal services contract for the
benefit of the employee, or his or her dependents issued by a
nonprofit corporation subject to Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(2) This subdivision shall not apply to subdivision (b).
(b) For purposes of a deferred compensation plan authorized by
Section 403(b) or 457 of the Internal Revenue Code or an annuity
program authorized by Section 403(b) of the Internal Revenue Code
that is offered by the community college district which provides for
investments in corporate stocks, bonds, securities, mutual funds, or
annuities, except as prohibited by the California Constitution, the
governing board of each community college district when drawing an
order for the salary payment due to an employee of the district
shall, with or without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for participating in a deferred compensation plan
or annuity program offered by the community college district. The
governing board shall determine the cost of performing the requested
deduction and may collect that cost from the organization, entity, or
employee requesting or authorizing the deduction. For purposes of
this subdivision, the governing board of a community college district
is entitled to include in the amounts reducing the order the costs
of any compliance or administrative services that are required to
perform the requested deduction in compliance with federal or state
law, and may collect these costs from the participating employee, the
employee's participant account, or the organization or entity
authorizing the deduction.
(c) The governing board of the district shall, beginning with the
month designated by the employee and each month thereafter until
authorization for the deduction is revoked, draw its order upon the
funds of the district in favor of the insurer which has issued the
policies or certificates or in favor of the nonprofit hospital
service corporation which has issued hospital service contracts, or
in favor of the nonprofit corporation which has issued medical and
hospital service or legal service agreements or contracts, for an
amount equal to the total of the respective deductions therefor made
during the month. The governing board may require that the employee
submit his or her authorization for the deduction up to one month in
advance of the effective date of coverage.
(d) "Group insurance" as used in this section shall mean only a
bona fide group program of life or disability or life and disability
insurance where a master contract is held by the community college
district or an employee organization but it shall, nevertheless,
include annuity programs authorized by Section 403(b) of the Internal
Revenue Code when approved by the governing board.
SEC. 82. Section 87040.5 of the Education Code is amended to read:
87040.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Annuity contract" means an annuity contract described in
Section 403(b) of the Internal Revenue Code that is available to
employees as described in Section 770.3 of the Insurance Code.
(2) "Custodial account" means a custodial account described in
Section 403(b)(7) of the Internal Revenue Code.
(3) "Deferred compensation plan" means a plan described in Section
457 of the Internal Revenue Code.
(4) "Third-party administrator" means a person or entity that
provides administrative or compliance services to a community college
district as described in subdivision (b).
(b) A community college district may enter into a written contract
with a third-party administrator for services regarding an annuity
contract and custodial account or a deferred compensation plan
provided by the community college district. That contract may include
any of the following:
(1) Services to ensure compliance with either Section 403(b) of
the Internal Revenue Code regarding the annuity contract and
custodial account or Section 457 of the Internal Revenue Code
regarding a deferred compensation plan, including, but not limited
to, any of the following:
(A) Administer and maintain written plan documents governing the
community college district's plan.
(B) Review and authorize hardship withdrawal requests under
Section 403(b) of the Internal Revenue Code, transfer requests, loan
requests, unforeseeable emergency withdrawals under Section 457 of
the Internal Revenue Code and other disbursements permitted under
either Section 403(b) or 457 of the Internal Revenue Code.
(C) Review and determine domestic relations orders as qualified
domestic relations orders as described in Section 414(p) of the
Internal Revenue Code.
(D) Provide notice to eligible employees that is consistent with
Title 26 of the Code of Federal Regulations that those employees may
participate in an annuity contract and custodial account.
(E) Administer and maintain specimen salary reduction agreements
for the community college district and employees of that community
college district to initiate payroll deferrals.
(F) Monitor, from information provided either directly from the
employee, as part of the common remitting services provided pursuant
to paragraph (2), through information provided by the community
college district, or through information provided by vendors
authorized by the community college district to provide investment
products, the maximum contributions allowed by employees
participating in either the annuity contract and custodial account as
described in Sections 402(g), 414(v), and 415 of the Internal
Revenue Code or the deferred compensation plan as described in
Section 414(v) or 457 of the Internal Revenue Code.
(G) Calculate and maintain vesting information for contributions
made by the community college district to the annuity contract and
custodial account or deferred compensation plan.
(H) Identify and notify employees that are required to take a
minimum distribution of the funds in that employee's annuity contract
and custodial account or deferred compensation plan as described in
Section 401(a)(9) of the Internal Revenue Code.
(I) Coordinate responses to the Internal Revenue Service if there
is an Internal Revenue Service audit of the annuity contract and
custodial account or deferred compensation plan.
(2) Services to administer the annuity contract and custodial
account or a deferred compensation plan that includes, but is not
limited to, all of the following:
(A) Common remitting services.
(B) General educational information to employees about the annuity
contract and custodial account or the deferred compensation plan
that includes, but is not limited to, the enrollment process, program
eligibility, and investment options.
(C) Internal reports for the community college district to ensure
compliance with either Section 403(b) or 457 of the Internal Revenue
Code and compliance with Title 26 of the Code of Federal Regulations.
(D) Consulting services related to the design, operation, and
administration of the plan.
(E) Internal audits, on behalf of a community college district, of
a provider's plan compliance procedures with respect to the provider'
s annuity contract or custodial account offered under the community
college district's plan. These audits shall not be conducted more
than once per year for any provider's plan unless documented evidence
indicates a problem in complying with either Section 403(b) or 457
of the Internal Revenue Code.
(c) (1) If a community college district elects to contract with a
third-party administrator for the administrative or compliance
services to community college districts described in subdivision (b),
the community college district shall do all of the following:
(A) Require the third-party administrator to provide proof of
liability insurance and a fidelity bond in an amount determined by
the community college district to be sufficient to protect the assets
of participants and beneficiaries in the annuity contract and
custodial account or deferred compensation plan.
(B) Require the third-party administrator to provide evidence of a
safe chain-of-custody of assets process for ensuring fulfillment of
fiduciary responsibilities and timely placement of participant
investments.
(C) Require evidence, if the third-party administrator is related
to or affiliated with a provider of investment products pursuant to
Section 403(b) or 457 of the Internal Revenue Code, that data
generated from the services provided by the third-party administrator
are maintained in a manner that prevents the provider of investment
products from accessing that data unless access to the data is
required to provide the services in accordance with the contract
entered into with the community college district pursuant to
subdivision (b).
(2) This subdivision shall apply to any administrative or
compliance services provided pursuant to a contract for services
between a community college district and the State Teachers'
Retirement System if the system does not contract with a third-party
administrator to provide those administrative and compliance services
on behalf of the system.
(d) A third-party administrator shall disclose to any community
college district seeking his or her services any fees, commissions,
cost offsets, reimbursements, or marketing or promotional items
received by the administrator, a related entity, or a representative
or agent of the administrator or related entity from any plan
provider selected as a vendor of an annuity contract, custodial
account, or deferred compensation plan by the community college
district. A third-party administrator that is affiliated with or has
a contractual relationship with a provider of annuity contracts,
custodial accounts, or deferred compensation plans shall disclose the
existence of the relationship to each community college district and
each individual participant in the annuity contract, custodial
account or deferred compensation plan.
(e) Any personal information obtained by the third-party
administrator in providing services pursuant to this section shall be
used by the third-party administrator only to provide those services
for the community college district in accordance with the contract
entered into with the community college district pursuant to
subdivision (b).
(f) Nothing in this section shall be construed to interfere with
either of the following:
(1) The rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(2) The ability of the community college district to establish
nonarbitrary requirements upon providers of an annuity contract that,
in the community college district's discretion, aid in the
administration of its benefit programs and do not unreasonably
discriminate against any provider of an annuity contract or interfere
with the rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(g) This section shall not apply to any services provided by a
third-party administrator pursuant to a contract for services between
a community college district and the State Teachers' Retirement
System. Any services provided by a third-party administrator pursuant
to a contract for services between a community college district and
the State Teachers' Retirement System shall be subject to either
Section 24953, in the case of an annuity contract or custodial
account, or Section 24977, in the case of a deferred compensation
plan.
SEC. 83. Section 782 of the Evidence Code is amended to read:
782. (a) In any of the circumstances described in subdivision
(c), if evidence of sexual conduct of the complaining witness is
offered to attack the credibility of the complaining witness under
Section 780, the following procedure shall be followed:
(1) A written motion shall be made by the defendant to the court
and prosecutor stating that the defense has an offer of proof of the
relevancy of evidence of the sexual conduct of the complaining
witness proposed to be presented and its relevancy in attacking the
credibility of the complaining witness.
(2) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated. The affidavit shall be
filed under seal and only unsealed by the court to determine if the
offer of proof is sufficient to order a hearing pursuant to paragraph
(3). After that determination, the affidavit shall be resealed by
the court.
(3) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the complaining witness
regarding the offer of proof made by the defendant.
(4) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the complaining witness is relevant pursuant to Section
780, and is not inadmissible pursuant to Section 352, the court may
make an order stating what evidence may be introduced by the
defendant, and the nature of the questions to be permitted. The
defendant may then offer evidence pursuant to the order of the court.
(5) An affidavit resealed by the court pursuant to paragraph (2)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue
on appeal, the court shall allow the
Attorney General and appellate counsel for the defendant access to
the sealed affidavit. If the issue is raised on collateral review,
the court shall allow the district attorney and defendant's counsel
access to the sealed affidavit. The use of the information contained
in the affidavit shall be limited solely to the pending proceeding.
(b) As used in this section, "complaining witness" means:
(1) The alleged victim of the crime charged, the prosecution of
which is subject to this section, pursuant to paragraph (1) of
subdivision (c).
(2) An alleged victim offering testimony pursuant to paragraph (2)
or (3) of subdivision (c).
(c) The procedure provided by subdivision (a) shall apply in any
of the following circumstances:
(1) In a prosecution under Section 261, 262, 264.1, 286, 288,
288a, 288.5, or 289 of the Penal Code, or for assault with intent to
commit, attempt to commit, or conspiracy to commit any crime defined
in any of those sections, except if the crime is alleged to have
occurred in a local detention facility, as defined in Section 6031.4
of the Penal Code, or in the state prison, as defined in Section
4504.
(2) When an alleged victim testifies pursuant to subdivision (b)
of Section 1101 as a victim of a crime listed in Section 243.4, 261,
261.5, 269, 285, 286, 288, 288a, 288.5, 289, 314, or 647.6 of the
Penal Code, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in the state prison, as defined in Section 4504 of the Penal
Code.
(3) When an alleged victim of a sexual offense testifies pursuant
to Section 1108, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in the state prison, as defined in Section 4504 of the Penal
Code.
SEC. 84. Section 1117 of the Evidence Code is amended to read:
1117. (a) Except as provided in subdivision (b), this chapter
applies to a mediation as defined in Section 1115.
(b) This chapter does not apply to either of the following:
(1) A proceeding under Part 1 (commencing with Section 1800) of
Division 5 of the Family Code or Chapter 11 (commencing with Section
3160) of Part 2 of Division 8 of the Family Code.
(2) A settlement conference pursuant to Rule 3.1380 of the
California Rules of Court.
SEC. 85. Section 177 of the Family Code is amended to read:
177. (a) In an Indian child custody proceeding, the court shall
apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31,
and 361.7 of the Welfare and Institutions Code, and the following
rules from the California Rules of Court, as they read on January 1,
2007:
(1) Paragraph (7) of subdivision (b) of Rule 5.530.
(2) Subdivision (i) of Rule 5.534.
(b) In the provisions cited in subdivision (a), references to
social workers, probation officers, county welfare department, or
probation department shall be construed as meaning the party seeking
a foster care placement, guardianship, or adoption under this code.
(c) This section shall only apply to proceedings involving an
Indian child.
SEC. 86. Section 216 of the Family Code is amended to read:
216. (a) In the absence of a stipulation by the parties to the
contrary, there shall be no ex parte communication between the
attorneys for any party to an action and any court-appointed or
court-connected evaluator or mediator, or between a court-appointed
or court-connected evaluator or mediator and the court, in any
proceedings under this code, except with regard to the scheduling of
appointments.
(b) There shall be no ex parte communications between counsel
appointed by the court pursuant to Section 3150 and any
court-appointed or court-connected evaluator or mediator, except
where it is expressly authorized by the court or undertaken pursuant
to paragraph (5) of subdivision (c) of Section 3151.
(c) Subdivisions (a) and (b) shall not apply in the following
situations:
(1) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in Sections 3113, 3181,
and 3192.
(2) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in Rule 5.215 of the
California Rules of Court.
(3) If the mediator or evaluator determines that ex parte
communication is needed to inform the court of his or her belief that
a restraining order is necessary to prevent an imminent risk to the
physical safety of the child or the party.
(d) Nothing in this section shall be construed to limit the
responsibilities a mediator or evaluator may have as a mandated
reporter pursuant to Section 11165.9 of the Penal Code or the
responsibilities a mediator or evaluator may have to warn under
Tarasoff v. Regents of the University of California (1976) 17 Cal.3d
425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section
43.92 of the Civil Code.
(e) The Judicial Council shall, by July 1, 2006, adopt a rule of
court to implement this section.
SEC. 87. Section 291 of the Family Code is amended to read:
291. (a) A money judgment or judgment for possession or sale of
property that is made or entered under this code, including a
judgment for child, family, or spousal support, is enforceable until
paid in full or otherwise satisfied.
(b) A judgment described in this section is exempt from any
requirement that a judgment be renewed. Failure to renew a judgment
described in this section has no effect on the enforceability of the
judgment.
(c) A judgment described in this section may be renewed pursuant
to Article 2 (commencing with Section 683.110) of Chapter 3 of
Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An
application for renewal of a judgment described in this section,
whether or not payable in installments, may be filed:
(1) If the judgment has not previously been renewed as to past due
amounts, at any time.
(2) If the judgment has previously been renewed, the amount of the
judgment as previously renewed and any past due amount that became
due and payable after the previous renewal may be renewed at any time
after a period of at least five years has elapsed from the time the
judgment was previously renewed.
(d) In an action to enforce a judgment for child, family, or
spousal support, the defendant may raise, and the court may consider,
the defense of laches only with respect to any portion of the
judgment that is owed to the state.
(e) Nothing in this section supersedes the law governing
enforcement of a judgment after the death of the judgment creditor or
judgment debtor.
(f) On or before January 1, 2008, the Judicial Council shall
develop self-help materials that include: (1) a description of the
remedies available for enforcement of a judgment under this code, and
(2) practical advice on how to avoid disputes relating to the
enforcement of a support obligation. The self-help materials shall be
made available to the public through the Judicial Council self-help
Internet Web site.
(g) As used in this section, "judgment" includes an order.
SEC. 88. Section 1816 of the Family Code is amended to read:
1816. (a) For purposes of this section, the following
definitions apply:
(1) "Eligible provider" means the Administrative Office of the
Courts or an educational institution, professional association,
professional continuing education group, a group connected to the
courts, or a public or private group that has been authorized by the
Administrative Office of the Courts to provide domestic violence
training.
(2) "Evaluator" means a supervising or associate counselor
described in Section 1815, a mediator described in Section 3164, a
court-connected or private child custody evaluator described in
Section 3110.5, or a court-appointed investigator or evaluator as
described in Section 3110 or Section 730 of the Evidence Code.
(b) An evaluator shall participate in a program of continuing
instruction in domestic violence, including child abuse, as may be
arranged and provided to that evaluator. This training may utilize
domestic violence training programs conducted by nonprofit community
organizations with an expertise in domestic violence issues.
(c) Areas of basic instruction shall include, but are not limited
to, the following:
(1) The effects of domestic violence on children.
(2) The nature and extent of domestic violence.
(3) The social and family dynamics of domestic violence.
(4) Techniques for identifying and assisting families affected by
domestic violence.
(5) Interviewing, documentation of, and appropriate
recommendations for families affected by domestic violence.
(6) The legal rights of, and remedies available to, victims.
(7) Availability of community and legal domestic violence
resources.
(d) An evaluator shall also complete 16 hours of advanced training
within a 12-month period. Four hours of that advanced training shall
include community resource networking intended to acquaint the
evaluator with domestic violence resources in the geographical
communities where the family being evaluated may reside. Twelve hours
of instruction, as approved by the Administrative Office of the
Courts, shall include all of the following:
(1) The appropriate structuring of the child custody evaluation
process, including, but not limited to, all of the following:
(A) Maximizing safety for clients, evaluators, and court
personnel.
(B) Maintaining objectivity.
(C) Providing and gathering balanced information from the parties
and controlling for bias.
(D) Providing separate sessions at separate times as described in
Section 3113.
(E) Considering the impact of the evaluation report and
recommendations with particular attention to the dynamics of domestic
violence.
(2) The relevant sections of local, state, and federal laws,
rules, or regulations.
(3) The range, availability, and applicability of domestic
violence resources available to victims, including, but not limited
to, all of the following:
(A) Shelters for battered women.
(B) Counseling, including drug and alcohol counseling.
(C) Legal assistance.
(D) Job training.
(E) Parenting classes.
(F) Resources for a victim who is an immigrant.
(4) The range, availability, and applicability of domestic
violence intervention available to perpetrators, including, but not
limited to, all of the following:
(A) Certified treatment programs described in Section 1203.097 of
the Penal Code.
(B) Drug and alcohol counseling.
(C) Legal assistance.
(D) Job training.
(E) Parenting classes.
(5) The unique issues in a family and psychological assessment in
a domestic violence case, including all of the following:
(A) The effects of exposure to domestic violence and psychological
trauma on children, the relationship between child physical abuse,
child sexual abuse, and domestic violence, the differential family
dynamics related to parent-child attachments in families with
domestic violence, intergenerational transmission of familial
violence, and manifestations of post-traumatic stress disorders in
children.
(B) The nature and extent of domestic violence, and the
relationship of gender, class, race, culture, and sexual orientation
to domestic violence.
(C) Current legal, psychosocial, public policy, and mental health
research related to the dynamics of family violence, the impact of
victimization, the psychology of perpetration, and the dynamics of
power and control in battering relationships.
(D) The assessment of family history based on the type, severity,
and frequency of violence.
(E) The impact on parenting abilities of being a victim or
perpetrator of domestic violence.
(F) The uses and limitations of psychological testing and
psychiatric diagnosis in assessing parenting abilities in domestic
violence cases.
(G) The influence of alcohol and drug use and abuse on the
incidence of domestic violence.
(H) Understanding the dynamics of high conflict relationships and
relationships between an abuser and victim.
(I) The importance of and procedures for obtaining collateral
information from a probation department, children's protective
services, police incident report, a pleading regarding a restraining
order, medical records, a school, and other relevant sources.
(J) Accepted methods for structuring safe and enforceable child
custody and parenting plans that ensure the health, safety, welfare,
and best interest of the child, and safeguards for the parties.
(K) The importance of discouraging participants in child custody
matters from blaming victims of domestic violence for the violence
and from minimizing allegations of domestic violence, child abuse, or
abuse against a family member.
(e) After an evaluator has completed the advanced training
described in subdivision (d), that evaluator shall complete four
hours of updated training annually that shall include, but is not
limited to, all of the following:
(1) Changes in local court practices, case law, and state and
federal legislation related to domestic violence.
(2) An update of current social science research and theory,
including the impact of exposure to domestic violence on children.
(f) Training described in this section shall be acquired from an
eligible provider and that eligible provider shall comply with all of
the following:
(1) Ensure that a training instructor or consultant delivering the
education and training programs either meets the training
requirements of this section or is an expert in the subject matter.
(2) Monitor and evaluate the quality of courses, curricula,
training, instructors, and consultants.
(3) Emphasize the importance of focusing child custody evaluations
on the health, safety, welfare, and best interest of the child.
(4) Develop a procedure to verify that an evaluator completes the
education and training program.
(5) Distribute a certificate of completion to each evaluator who
has completed the training. That certificate shall document the
number of hours of training offered, the number of hours the
evaluator completed, the dates of the training, and the name of the
training provider.
(g) (1) If there is a local court rule regarding the procedure to
notify the court that an evaluator has completed training as
described in this section, the evaluator shall comply with that local
court rule.
(2) Except as provided in paragraph (1), an evaluator shall attach
copies of his or her certificates of completion of the training
described in subdivision (d) and the most recent updated training
described in subdivision (e).
(h) An evaluator may satisfy the requirement for 12 hours of
instruction described in subdivision (d) by training from an eligible
provider that was obtained on or after January 1, 1996. The advanced
training of that evaluator shall not be complete until that
evaluator completes the four hours of community resource networking
described in subdivision (d).
(i) The Judicial Council shall develop standards for the training
programs. The Judicial Council shall solicit the assistance of
community organizations concerned with domestic violence and child
abuse and shall seek to develop training programs that will maximize
coordination between conciliation courts and local agencies concerned
with domestic violence.
SEC. 89. Section 5614 of the Family Code is amended to read:
5614. (a) A private child support collector shall do all of the
following:
(1) (A) Provide to an obligee all of the following information:
(i) The name of, and any other identifying information relating
to, any obligor who made child support payments collected by the
private child support collector.
(ii) The amount of support collected by the private child support
collector.
(iii) The date on which each amount was received by the private
child support collector.
(iv) The date on which each amount received by the private child
support collector was sent to the obligee.
(v) The amount of the payment sent to the obligee.
(vi) The source of payment of support collected and the actions
affirmatively taken by the private child support collector that
resulted in the payment.
(vii) The amount and percentage of each payment kept by the
private child support collector as its fee.
(B) The information required by paragraph (A) shall be made
available, at the option of the obligee, by mail, telephone, or via
secure Internet access. If provided by mail, the notice shall be sent
at least quarterly and, if provided by any other method, the
information shall be updated and made available at least monthly.
Information accessed by telephone and the Internet shall be up to
date.
(2) Establish a direct deposit account with the state disbursement
unit and shall within two business days from the date the funds are
disbursed from the state disbursement unit to the private child
support collector, if a portion of the funds constitute an obligor's
fee, notify the Department of Child Support Services of the portion
of each collection that constitutes a fee. The notification shall be
sent by the private child support collector to the department in an
electronic format to be determined by the department.
(3) Maintain records of all child support collections made on
behalf of a client who is an obligee. The records required under this
section shall be maintained by the private child support collector
for the duration of the contract plus a period of four years and four
months from the date of the last child support payment collected by
the private child support collector on behalf of an obligee. In
addition to information required by paragraph (1), the private child
support collector shall maintain the following:
(A) A copy of the order establishing the child support obligation
under which a collection was made by the private child support
collector.
(B) Records of all correspondence between the private child
support collector and the obligee or obligor in a case.
(C) Any other pertinent information relating to the child support
obligation, including any case, cause, or docket number of the court
having jurisdiction over the matter and official government payment
records obtained by the private child support collector on behalf of,
and at the request of, the obligee.
(4) Safeguard case records in a manner reasonably expected to
prevent intentional or accidental disclosure of confidential
information pertaining to the obligee or obligor, including providing
necessary protections for records maintained in an automated system.
(5) Ensure that every person who contracts with a private child
support collector has the right to review all files and documents,
both paper and electronic, in the possession of the private child
support collector for the information specified in this paragraph
regarding that obligee's case that are not required by law to be kept
confidential. The obligee, during regular business hours, shall be
provided reasonable access to and copies of the files and records of
the private child support collector regarding all moneys received,
collection attempts made, fees retained or paid to the private child
support collector, and moneys disbursed to the obligee. The private
child support collector may not charge a fee for access to the files
and records, but may require the obligee to pay up to three cents
($0.03) per page for the copies prior to their release.
(6) Provide, prior to commencing collection activities, written
notice of any contract with an obligee to the local child support
agency that is enforcing the obligee's support order, if known, or
the local child support agency for the county in which the obligee
resides as of the time the contract is signed by the obligee. The
notice shall identify the obligee, the obligor, and the amount of the
arrearage claimed by the obligee.
(b) A private child support collector shall not do any of the
following:
(1) Charge fees on current support if the obligee received any
current child support during the six months preceding execution of
the contract with the private child support collector. A private
child support collector shall inquire of the obligee and record the
month and year of the last current support payment and may rely on
information provided by the obligee in determining whether a fee may
be charged on current support.
(2) Improperly retain fees from collections that are primarily
attributable to the actions of a governmental entity. The private
child support collector shall refund all of those fees to the obligee
immediately upon discovery or notice of the improper retention of
fees.
(3) Collect or attempt to collect child support by means of any
conduct that is prohibited of a debt collector collecting a consumer
debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code.
This chapter does not modify, alter, or amend the definition of a
debt or a debt collector under the Rosenthal Fair Debt Collection
Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of
Division 3 of the Civil Code).
(4) Misstate the amount of the fee that may be lawfully paid to
the private child support collector for the performance of the
contract or the identity of the person who is obligated to pay that
fee.
(5) Make a false representation of the amount of child support to
be collected. A private child support collector is not in violation
of this paragraph if it reasonably relied on sufficient documentation
provided by the government entity collecting child support, a court
with jurisdiction over the support obligation, or from the obligee,
or upon sufficient documentation provided by the obligor.
(6) Ask any party other than the obligor to pay the child support
obligation, unless that party is legally responsible for the
obligation or is the legal representative of the obligor.
(7) Require, on or after January 1, 2007, as a condition of
providing services to the obligee, that the obligee waive any right
or procedure provided for in any state law regarding the right to
file and pursue a civil action, or that the obligee agree to resolve
disputes in a jurisdiction outside of California or to the
application of laws other than those of California, as provided by
law. Any waiver by the obligee of the right to file and pursue a
civil action, the right to file and pursue a civil action in
California, or the right to rely upon California law as provided by
law must be knowing, voluntary, and not made a condition of doing
business with the private child support collector. Any waiver,
including, but not limited to, an agreement to arbitrate or regarding
choice of forum or choice of law, that is required as a condition of
doing business with the private child support collector, shall be
presumed involuntary, unconscionable, against public policy, and
unenforceable. The private child support collector has the burden of
proving that any waiver of rights, including any agreement to
arbitrate a claim or regarding choice of forum or choice of law, was
knowing, voluntary, and not made a condition of the contract with the
obligee.
SEC. 90. Section 8623 of the Family Code is amended to read:
8623. A person or organization is an adoption facilitator if the
person or organization is not licensed as an adoption agency by the
State of California and engages in either of the following
activities:
(a) Advertises for the purpose of soliciting parties to an
adoption or locating children for an adoption or acting as an
intermediary between the parties to an adoption.
(b) Charges a fee or other valuable consideration for services
rendered relating to an adoption.
SEC. 91. Section 8632.5 of the Family Code is amended to read:
8632.5. (a) The department shall establish and adopt regulations
for a statewide registration process for adoption facilitators. The
department shall also establish and adopt regulations to require
adoption facilitators to post a bond as required by this section.
(b) The department may adapt the process it uses to register
adoption service providers in order to provide a similar registration
process for adoption facilitators. The process used by the
department shall include a procedure for determining the status of
bond compliance by adoption facilitators, a means for accepting or
denying organizations seeking inclusion in the adoption facilitator
registry, and an appeals process for those entities denied inclusion
in the adoption facilitator registry. The department may deny
inclusion in the registry for adoption facilitators to an applicant
who has been convicted of any crime for which the department may deny
a license to an adoption agency.
(c) Upon the establishment by the department of a registration
process, all adoption facilitators that operate independently from a
licensed public or private adoption agency or an adoption attorney in
this state shall be required to register with the department.
(d) An adoption facilitator, when posting a bond, shall also file
with the department a disclosure form containing the adoption
facilitator's name, date of birth, residence address, business
address, residence telephone number, business telephone number, and
the number of adoptions facilitated for the previous year. Along with
the disclosure form, the adoption facilitator shall provide all of
the following information to the department:
(1) Proof that the facilitator and any member of the staff who
provides direct adoption services has completed two years of college
courses, with at least half of the units and hours focusing on social
work or a related field.
(2) Proof that the facilitator and any member of the staff who
provides direct adoption services has a minimum of three years of
experience employed by a public or private adoption agency, a
registered adoption facilitator, or an adoption attorney who assists
in bringing adopting persons and placing parents together for the
purpose of adoption placement.
(A) An adoption facilitator and any member of the staff subject to
this paragraph may waive the educational and experience requirements
by satisfying all of the following requirements:
(i) He or she has over five years of work experience providing
direct adoption services.
(ii) He or she has not been found liable of malfeasance in
connection with providing adoption services.
(iii) He or she provides three separate letters of support
attesting to his or her ethics and work providing direct adoption
services from any of the following:
(I) A licensed public or
private adoption agency.
(II) A member of the Academy of California Adoption Lawyers.
(III) The State Department of Social Services.
(B) An adoption facilitator who is registered with the department
may also register staff members under the designation of "trainee." A
trainee may provide direct adoption services without meeting the
requirements of this paragraph. Any trainee registered with the
department shall be directly supervised by an individual who meets
all registration requirements.
(3) A valid business license.
(4) A valid, current, government-issued identification to
determine the adoption facilitator's identity, such as a California
driver's license, identification card, passport, or other form of
identification that is acceptable to the department.
(5) Fingerprint images for a background check to be used by the
department for the purposes described in this section.
(e) The State Department of Social Services may submit fingerprint
images of adoption facilitators to the Department of Justice for the
purpose of obtaining criminal offender record information regarding
state-and federal-level convictions and arrests, including arrests
for which the Department of Justice establishes that the person is
free on bail or on his or her recognizance pending trial or appeal.
(1) The Department of Justice shall forward to the Federal Bureau
of Investigation requests for federal summary criminal history
information received pursuant to this section. The Department of
Justice shall review the information returned from the Federal Bureau
of Investigation and compile and disseminate a response to the
department.
(2) The Department of Justice shall provide a response to the
department pursuant to subdivision (n) of Section 11105 of the Penal
Code.
(3) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code.
(4) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(f) The department may impose a fee upon applicants for each set
of classifiable fingerprint cards that it processes pursuant to
paragraph (5) of subdivision (d).
(g) The department shall post on its Internet Web site information
that shows if an adoption facilitator is in compliance with the
registration and bond requirements of this chapter. The department
shall ensure that the information is current and shall update the
information at least once every 30 days. However, pursuant to the
provisions of Section 11142 of the Penal Code, neither the department
nor any employee of the department shall reveal the state summary
criminal history record or any information from the record to a
member of the public.
(h) The department shall develop the disclosure form required
pursuant to subdivision (d) and shall make it available to any
adoption facilitator posting a bond.
(i) The department may charge adoption facilitators an annual
filing fee to recover all costs associated with the requirements of
this section and that fee shall be set by regulation.
(j) The department may create an Adoption Facilitator Account for
deposit of fees received from registrants.
(k) On or before January 1, 2008, the department shall make
recommendations for the registry program to the Legislature,
including a recommendation on how to implement a department program
to accept and compile complaints against registered adoption
facilitators and to provide public access to those complaints, by
specific facilitator, through the department's Internet Web site.
(l) The adoption facilitator registry established pursuant to this
section shall become operative on the first day of the first month
following an appropriation from the Adoption Facilitator Account to
the State Department of Social Services for the startup costs and the
costs of administration of the adoption facilitator registry.
SEC. 92. Section 8919 of the Family Code is amended to read:
8919. (a) Each state resident who adopts a child through an
intercountry adoption that is finalized in a foreign country shall
readopt the child in this state if it is required by the Department
of Homeland Security. Except as provided in subdivision (c), the
readoption shall include, but is not limited to, at least one
postplacement in-home visit, the filing of the adoption petition, the
intercountry adoption court report, accounting reports, the home
study report, and the final adoption order. If the adoptive parents
have already completed a home study as part of their adoption
process, a copy of that study shall be submitted in lieu of a second
home study. No readoption order shall be granted unless the court
receives a copy of the home study report previously completed for the
international finalized adoption by an adoption agency authorized to
provide intercountry adoption services pursuant to Section 8900. The
court shall consider the postplacement visit or visits and the
previously completed home study when deciding whether to grant or
deny the petition for readoption.
(b) Each state resident who adopts a child through an intercountry
adoption that is finalized in a foreign country may readopt the
child in this state. Except as provided in subdivision (c), the
readoption shall meet the standards described in subdivision (a).
(c) (1) A state resident who adopts a child through an
intercountry adoption that is finalized in a foreign country with
adoption standards that meet or exceed those of this state, as
certified by the State Department of Social Services, may readopt the
child in this state according to this subdivision. The readoption
shall include one postplacement in-home visit and the final adoption
order.
(2) The petition to readopt may be granted if all of the following
apply:
(A) The adoption was finalized in accordance with the laws of the
foreign country.
(B) The resident has filed with the petition a copy of both of the
following:
(i) The decree, order, or certificate of adoption that evidences
finalization of the adoption in the foreign country.
(ii) The child's birth certificate and visa.
(C) A certified translation is included of all documents described
in this paragraph that are not in English.
(3) If the court denies a petition for readoption, the court shall
summarize its reasons for the denial on the record.
(d) The State Department of Social Services shall certify whether
the adoption standards in the following countries meet or exceed
those of this state:
(1) China
(2) Guatemala
(3) Kazakhstan
(4) Russia
(5) South Korea
(e) In addition to the requirement or option of the readoption
process set forth in this section, each state resident who adopts a
child through an intercountry adoption which is finalized in a
foreign country may obtain a birth certificate in the State of
California in accordance with the provisions of Section 102635 or
103450 of the Health and Safety Code.
SEC. 93. Section 9205 of the Family Code is amended to read:
9205. (a) Notwithstanding any other law, the department or
adoption agency that joined in the adoption petition shall release
the names and addresses of siblings to one another if both of the
siblings have attained 18 years of age and have filed the following
with the department or agency:
(1) A current address.
(2) A written request for contact with any sibling whose existence
is known to the person making the request.
(3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
(b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
(c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
(d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
(e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
(f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
(g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533. If the sibling being
sought was formerly under the jurisdiction of the juvenile court, but
is not an adoptee, the intermediary shall be the department, the
county child welfare agency that provided services to the dependent
child, or the licensed adoption agency that provided adoption
services to the sibling seeking contact, as appropriate. If the court
finds that the licensed adoption agency that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
(h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
SEC. 94. Section 17419 of the Financial Code is amended to read:
17419. On and after January 1, 1992, any person seeking
employment with an escrow agent shall complete an employment
application on or before the first day of employment which includes,
at least, the following information. A copy of the employment
application shall be forwarded to the commissioner on or before the
first day of the applicant's employment. Persons required to file a
statement of identity and questionnaire pursuant to subdivision (g)
of Section 17209 or Section 17212.1 are not required to file the
employment application set forth in this section. Each person
completing the employment application shall be given the notice
required by the Information Practices Act (Section 1798.17 of the
Civil Code), copies of which may be obtained from the commissioner.
Nothing in this section shall limit an escrow agent from requesting
additional information from an applicant.
STATEMENT OF
IDENTITY
AND EMPLOYMENT APPLICATION
Name of Escrow Company:___________________________
Escrow Agent License Number:______________________
1. Exact Full
Name:
__________________________________________________
(Please Print or Type) First Name Middle Name
Last Name
(Do not use initials or nicknames)
Title of position to be filled in connection
with the preparation of this employment
application.
__________________________________________________
2. Employment for the last 10 years:
+----------------+-----------+-----------+----------+
| From | To | Employer |Occupation|
| | | Name and |and Duties|
| | | Address | |
+----------------+-----------+-----------+----------+
| | Present | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
| | | | |
+----------------+-----------+-----------+----------+
NOTE: Attach separate schedule if space is not
adequate.
3. Residence addresses for the last 10 years:
+----------------+--------+---------+--------+--------+
| From | To | Street | City | State |
+----------------+--------+---------+--------+--------+
| | Present| | | |
+----------------+--------+---------+--------+--------+
| | | | | |
+----------------+--------+---------+--------+--------+
| | | | | |
+----------------+--------+---------+--------+--------+
NOTE: Attach separate schedule if space is not
adequate.
4. Have you ever been named in any order,
judgment, or decree of any court or any
governmental agency or administrator, temporarily
or permanently restraining or enjoining you from
engaging in or continuing any conduct, practice,
or employment?
( ) Yes ( ) No
If the answer is ""Yes,'' please complete the
following:
Date of Suit:_____________________________________
Location of Court (City, County, State):__________
Nature of Suit:___________________________________
Note: Attach a certified copy of any order,
judgment, or decree.
5. Have you ever been refused a license to
engage in any business in this state or any other
state, or has any such license ever been
suspended or revoked?
( ) Yes ( ) No
If the answer is ""Yes,'' please complete the
following:
State:____________________________ Title of State
Department:______________________________________
Nature of License and
Number:__________________________________________
Note: Attach a certified copy of any order,
judgment, or decree.
6. Have you ever been convicted of or pleaded
nolo contendere to a crime other than minor
traffic citations that do not constitute a
misdemeanor or felony offense?
NOTE: A conviction is a plea or verdict of
guilty or a conviction following a plea of
nolo contendere. A conviction also includes an
order granting probation and suspending the
imposition of sentence, notwithstanding a
subsequent order pursuant to Section
1203.4 or 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of
guilty, or dismissing the accusation,
information, or indictment.
( ) Yes ( ) No
If the answer is ""Yes,'' please complete the
following:
Date of Case:_____________________________________
Location of Court (City, County, State):__________
Nature of Case:___________________________________
Note: Attach a certified copy of any order,
judgment, or decree.
7. Have you ever been a defendant in a civil
court action other than divorce, condemnation, or
personal injury?
( ) Yes ( ) No
If the answer is ""Yes,'' please
complete the following:
Date of Suit:_____________________________________
Location of Court (City, County, State):__________
Nature of Suit:___________________________________
Note: Attach a certified copy of any order,
judgment, or decree.
8. Have you ever changed your name or ever been
known by any name other than that herein listed?
(Including a woman's maiden name)
( ) Yes ( ) No
If so, explain. Change in name through marriage
or court order should also be listed.
EXACT DATE OF EACH NAME CHANGE MUST BE
LISTED.
__________________________________________________
__________________________________________________
9. Have you ever done business under a
fictitious firm name either as an individual or
in the partnership or corporate form?
( ) Yes ( ) No
If the answer is ""Yes,'' set forth particulars:
_________________________________________________
_________________________________________________
10. Have you ever been a subject of a bankruptcy
or a petition in bankruptcy?
( ) Yes ( ) No
If the answer is ""Yes,'' give date, title of
case, location of bankruptcy filing:
________________________________________________
________________________________________________
________________________________________________
11. Have you ever been refused a bond, or have
you ever had a bond revoked or canceled?
( ) Yes ( ) No
If the answer is ""Yes,'' give details:
________________________________________________
________________________________________________
12.In what capacity will you be employed? _______
(e.g., Clerk, Escrow Officer,
Receptionist, etc.)
13. Do you expect to be a party to, or broker or
salesperson in connection with, escrows conducted
by the escrow company which is employing you?
( ) Yes ( ) No
If the answer is ""Yes,'' please
explain:
_______________________________________________
_______________________________________________
_______________________________________________
NOTE: Attach separate schedule if space is not
adequate.
VERIFICATION
I, the undersigned, state that I am the person
named in the foregoing Statement of Identity and
Employment Application; that I have read and
signed the Statement of Identity and Employment
Application and know the contents thereof,
including all exhibits attached thereto,
and that the statements made therein, including
any exhibits attached thereto, are true.
Any person who knows or should have known of a
violation of this section shall immediately
report the violation in writing to the
commissioner.
I certify/declare under
penalty of perjury under
the laws of the State of
California that the
foregoing is true and
correct.
Executed at______________
(City)
_________________________
(County) (State)
this______day of , 20 __.
_________________________
(Signature of Declarant)
SEC. 95. Section 22168 of the Financial Code is amended to read:
22168. (a) The commissioner may, after appropriate notice and
opportunity for hearing, suspend for a period not to exceed 12 months
or bar a person from any position of employment with a licensee if
the commissioner finds that the person has willfully used or claimed
without authority a designation or certification of special
education, practice, or skill that the person has not attained, or
willfully held out to the public a confusingly similar designation or
certification for the purpose of misleading the public regarding his
or her qualifications or experience.
(b) Within 15 days from the date of a notice of intention to issue
an order pursuant to subdivision (a), the person may request a
hearing under the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code). Upon receiving a request, the matter shall be set
for hearing to commence within 30 days after receipt unless the
person subject to this division consents to a later date. If no
hearing is requested within 15 days after the mailing or service of
the notice and none is ordered by the commissioner, the failure to
request a hearing shall constitute a waiver of the right to a
hearing.
(c) Upon receipt of a notice of intention to issue an order
pursuant to subdivision (a), the person who is the subject of the
proposed order is immediately prohibited from engaging in any
activities subject to licensure under this division.
(d) Persons suspended or barred under this section are prohibited
from participating in any business activity of a licensed finance
lender and from engaging in any business activity on the premises
where a licensed finance lender is conducting its business. This
subdivision shall not be construed to prohibit suspended or barred
persons from having their personal transactions processed by a
licensed finance lender.
SEC. 96. Section 5650 of the Fish and Game Code is amended to
read:
5650. (a) Except as provided in subdivision (b), it is unlawful
to deposit in, permit to pass into, or place where it can pass into
the waters of this state any of the following:
(1) Any petroleum, acid, coal or oil tar, lampblack, aniline,
asphalt, bitumen, or residuary product of petroleum, or carbonaceous
material or substance.
(2) Any refuse, liquid or solid, from any refinery, gas house,
tannery, distillery, chemical works, mill, or factory of any kind.
(3) Any sawdust, shavings, slabs, or edgings.
(4) Any factory refuse, lime, or slag.
(5) Any cocculus indicus.
(6) Any substance or material deleterious to fish, plant life,
mammals, or bird life.
(b) This section does not apply to a discharge or a release that
is expressly authorized pursuant to, and in compliance with, the
terms and conditions of a waste discharge requirement pursuant to
Section 13263 of the Water Code or a waiver issued pursuant to
subdivision (a) of Section 13269 of the Water Code issued by the
State Water Resources Control Board or a regional water quality
control board after a public hearing, or that is expressly authorized
pursuant to, and in compliance with, the terms and conditions of a
federal permit for which the State Water Resources Control Board or a
regional water quality control board has, after a public hearing,
issued a water quality certification pursuant to Section 13160 of the
Water Code. This section does not confer additional authority on the
State Water Resources Control Board, a regional water quality
control board, or any other entity.
(c) It shall be an affirmative defense to a violation of this
section if the defendant proves, by a preponderance of the evidence,
all of the following:
(1) The defendant complied with all applicable state and federal
laws and regulations requiring that the discharge or release be
reported to a government agency.
(2) The substance or material did not enter the waters of the
state or a storm drain that discharges into the waters of the state.
(3) The defendant took reasonable and appropriate measures to
effectively mitigate the discharge or release in a timely manner.
(d) The affirmative defense in subdivision (c) does not apply and
may not be raised in an action for civil penalties or injunctive
relief pursuant to Section 5650.1.
(e) The affirmative defense in subdivision (c) does
not apply and may not be raised by any defendant who has on two prior
occasions in the preceding five years, in any combination within the
same county in which the case is prosecuted, either pleaded nolo
contendere, been convicted of a violation of this section, or
suffered a judgment for a violation of this section or Section
5650.1. This subdivision shall apply only to cases filed on or after
January 1, 1997.
(f) The affirmative defense in subdivision (c) does not apply and
may not be raised by the defendant in any case in which a district
attorney, city attorney, or Attorney General alleges, and the court
finds, that the defendant acted willfully.
SEC. 97. Section 12003.2 of the Fish and Game Code is amended to
read:
12003.2. Notwithstanding Section 12002 or 12008, the punishment
for any violation of Section 4500 or 4700 is a fine of not more than
twenty-five thousand dollars ($25,000) for each unlawful taking,
imprisonment in a county jail for the period prescribed in Section
12002 or 12008, or both the fine and imprisonment.
SEC. 98. Section 13007 of the Fish and Game Code is amended to
read:
13007. (a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 331/3
percent of all sport fishing license fees collected pursuant to
Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of
Division 6, except license fees collected pursuant to Section 7149.8,
shall be deposited into the Hatchery and Inland Fisheries Fund,
which is hereby established in the State Treasury. Moneys in the fund
may be expended, upon appropriation by the Legislature, to support
programs of the Department of Fish and Game related to the
management, maintenance, and capital improvement of California's fish
hatcheries, the Heritage and Wild Trout Program, and enforcement
activities related thereto, and to support other activities eligible
to be funded from revenue generated by sport fishing license fees.
(b) The sport fishing license fees collected and subject to
appropriation pursuant to subdivision (a) shall be used for the
following purposes:
(1) For the department's attainment of the following production
goals for state hatcheries, based on the sales of the following types
of sport fishing licenses: resident; lifetime; nonresident year;
nonresident, 10-day; 2-day; 1-day; and reduced fee.
(A) By July 1, 2007, a minimum of 2.25 pounds of released trout
per sport fishing license sold in 2006, 1.75 pounds of which must be
of catchable size or larger.
(B) By July 1, 2008, a minimum of 2.5 pounds of released trout per
sport fishing license sold in 2007, 2.0 pounds of which must be of
catchable size or larger.
(C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of
released trout per sport fishing license sold in 2008, 2.25 pounds of
which must be of catchable size or larger.
(D) The department shall attain these goals in compliance with
Fish and Game Commission trout policies concerning catchable-sized
trout stocking.
(2) To the Heritage and Wild Trout Program, two million dollars
($2,000,000), which shall be used for permanent positions and
seasonal aides in each region of the state as necessary, and other
activities necessary to the program.
(A) The funds allocated pursuant to this paragraph shall be used
to fund seven new positions for the Heritage and Wild Trout Program.
(B) In addition to the seven new positions specified in
subparagraph (A), the department may hire seasonal aides in each
region of the state to assist with the operations of the Heritage and
Wild Trout Program.
(3) The department shall, by July 1, 2011, ensure that 25 percent
of the fish produced by state fish hatcheries are used for the
purpose of initiating and managing the restoration of naturally
indigenous stocks of trout to their original California source
watersheds. This paragraph shall not be construed to prohibit the
department from using surplus fish in waters outside of their
original California source watersheds. All trout restored pursuant to
this paragraph shall be native California trout, as defined in
Section 7261. The department shall attain the 25-percent restoration
goal of this paragraph according to the following schedule:
(A) By July 1, 2009, 15 percent and at least four species, not
including the coastal rainbow trout/steelhead.
(B) By July 1, 2010, 20 percent and at least four species, not
including the coastal rainbow trout/steelhead.
(C) By July 1, 2011, and thereafter, 25 percent and at least five
species, not including the coastal rainbow trout/steelhead.
(4) The department may hire additional staff for state fish
hatcheries, in order to comply with this subdivision.
(c) The department may allocate any funds under this section, not
necessary to maintain the minimums specified in paragraphs (1) and
(3) of subdivision (b), and after the expenditure in paragraph (2) of
subdivision (b), to the Fish and Game Preservation Fund.
(d) The department may utilize federal funds to meet the funding
formula specified in subdivision (a) if those funds are otherwise
legally available for this purpose.
(e) A portion of the moneys subject to appropriation pursuant to
subdivision (a) may be used for the purpose of obtaining
scientifically valid genetic determinations of California native
trout stocks, consistent with Theme 1 in the executive summary of the
department's Strategic Plan for Trout Management, published November
2003.
(f) The department, by July 1, 2008, and annually thereafter,
shall report back to the fiscal and policy committees in the
Legislature on the implementation of these provisions.
SEC. 99. Section 19348.1 of the Food and Agricultural Code is
amended to read:
19348.1. The State Veterinarian is authorized to approve
temporary research projects for the purpose of determining whether
alternative methods of animal tissue disposal are capable of
destroying organisms that cause disease and can be used effectively
to protect public health and agricultural animals. Temporary projects
shall not be approved for a period longer than 24 months.
SEC. 100. Section 33251 of the Food and Agricultural Code is
amended to read:
33251. The county that maintains an approved milk inspection
service where an inspection fee is levied and collected shall
determine the actual cost of making an inspection of a dairy farm
that produces market milk within the area that is designated and
assigned to that service by the secretary. Records of the cost
determination shall be made and maintained by the county for
examination by the secretary or other interested person.
SEC. 101. Section 33261 of the Food and Agricultural Code is
amended to read:
33261. Charges that are made by any approved milk inspection
service for inspection fees are subject to audit by the secretary,
and for this purpose the secretary shall have access to all books,
papers, records, or documents that pertain to any and all
transactions of any approved milk inspection service and may inspect
and copy them in any place within the state.
SEC. 102. Section 33262 of the Food and Agricultural Code is
amended to read:
33262. Ten percent of the producers within any approved
inspection area may file with the secretary a written protest as to
the reasonableness of any inspection fee that is levied and collected
from the producer pursuant to Section 33252.
SEC. 103. Section 33297 of the Food and Agricultural Code is
amended to read:
33297. Any person subject to inspection fees provided for in
Section 33291 may file with the secretary a written protest as to the
reasonableness of any inspection fee that is levied and collected
from those persons.
The secretary shall, after 30 days' notice, hold a hearing on the
protest and upon completion of the hearing, the secretary shall make
and maintain written findings as to whether or not the fee is
reasonable.
SEC. 104. Section 79843 of the Food and Agricultural Code is
amended and renumbered to read:
78943. (a) The commission may commence civil action and use all
remedies provided in law or equity for the enforcement of this
chapter, including, but not limited to, the collection of
assessments, penalties, and interest, and for obtaining injunctive
relief or specific performance regarding this chapter and the
procedures adopted pursuant to this chapter. A court shall issue to
the commission any requested writ of attachment or injunctive relief
upon a prima facie showing by verified complaint that a named
defendant has violated this chapter or any other procedure of the
commission, including, but not limited to, the nonpayment of
assessments. No bond shall be required to be posted by the commission
as a condition for the issuance of any writ of attachment or
injunctive relief.
(b) A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 484.010) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure is not required. Injunctive
relief shall be issued pursuant to Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except
that the showing of irreparable harm or inadequate remedy at law
specified in Sections 526 and 527 of the Code of Civil Procedure is
not required.
(c) Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business regarding winegrapes, wine, or
winegrape products until there is full compliance and satisfaction of
the judgment.
(d) Upon a favorable judgment for the commission, it shall be
entitled to receive reimbursement for any reasonable attorney's fees
and other actual related costs. Venue for these actions may be
established at the domicile or place of business of the defendant or
in the county of the principal office of the commission. The
commission may be sued only in the county of its principal office.
SEC. 105. Section 905 of the Government Code is amended to read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except:
(a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification, or adjustment of any tax,
assessment, fee, or charge or any portion thereof, or of any
penalties, costs, or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any
provision of law relating to mechanics', laborers', or materialmen's
liens.
(c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
() Claims governed by the Pedestrian Mall Law of 1960 (Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code).
SEC. 106. Section 6103.2 of the Government Code is amended to
read:
6103.2. (a) Section 6103 does not apply to any fee or charge or
expense for official services rendered by a sheriff or marshal in
connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced to
the sheriff or marshal, as otherwise required by law.
(b) (1) Notwithstanding Section 6103, the sheriff or marshal, in
connection with the service of process or notices, may require that
all fees which a public agency, or any person or entity, is required
to pay under provisions of law other than this section, be prepaid by
a public agency named in Section 6103, or by any person or entity,
prior to the performance of any official act. This authority to
require prepayment shall include fees governed by Section 6103.5.
(2) This subdivision does not apply to the service of process or
notices in any action by the district attorney's office for the
establishment or enforcement of a child support obligation.
(3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all persons
or entities within the private sector.
(4) The requirement for prepayment of a fee deposit does not apply
to orders or injunctions described in paragraph (1) of subdivision
(q) of Section 527.6 and Section 527.8 of the Code of Civil
Procedure, Division 10 (commencing with Section 6200) of the Family
Code (Prevention of Domestic Violence), and Chapter 11 (commencing
with Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code (Elder Abuse and Dependent Adult Civil Protection
Act).
However, a sheriff or marshal may submit a billing to the superior
court for payment of fees in the manner prescribed by the Judicial
Council irrespective of the in forma pauperis status of any party
under Rules 3.50 to 3.63, inclusive, of the California Rules of
Court. The fees for service, cancellation of service, and making a
not found return may not exceed the amounts provided in Sections
26721, 26736, and 26738, respectively, and are subject to the
provisions of Section 26731.
SEC. 107. Section 7072 of the Government Code is amended to read:
7072. For purposes of this chapter, the following definitions
shall apply:
(a) "Department" means the Department of Housing and Community
Development.
(b) "Date of original designation" means the earlier of the
following:
(1) The date the eligible area receives designation as an
enterprise zone by the department pursuant to this chapter.
(2) In the case of an enterprise zone deemed designated pursuant
to subdivision (e) of Section 7073, the date the enterprise zone or
program area received original designation by the former Trade and
Commerce Agency pursuant to Chapter 12.8 (commencing with Section
7070) or Chapter 12.9 (commencing with Section 7080), as those
chapters read prior to January 1, 1997.
(c) "Eligible area" means any of the following:
(1) An area designated as an enterprise zone pursuant to Chapter
12.8 (commencing with Section 7070), as it read prior to January 1,
1997, or as a targeted economic development area, neighborhood
development area, or program area pursuant to Chapter 12.9
(commencing with Section 7080), as it read prior to January 1, 1997.
(2) A geographic area that, based upon the determination of the
department, fulfills at least one of the following criteria:
(A) The proposed geographic area meets the Urban Development
Action Grant criteria of the United States Department of Housing and
Urban Development.
(B) The area within the proposed eligible area has experienced
plant closures within the past two years affecting more than 100
workers.
(C) The city or county has submitted material to the department
for a finding that the proposed geographic area meets criteria of
economic distress related to those used in determining eligibility
under the Urban Development Action Grant Program and is therefore an
eligible area.
(D) The area within the proposed zone has a history of
gang-related activity, whether or not crimes of violence have been
committed.
(3) A geographic area that meets at least two of the following
criteria:
(A) The census tracts within the proposed eligible area have an
unemployment rate not less than 3 percentage points above the
statewide average for the most recent calendar year as determined by
the Employment Development Department.
(B) The county of the proposed eligible area has more than 70
percent of the children enrolled in public school participating in
the federal free lunch program.
(C) The median household income for a family of four within the
census tracts of the proposed eligible area does not exceed 80
percent of the statewide median income for the most recently
available calendar year.
(d) "Enterprise zone" means any area within a city, county, or
city and county that is designated as an enterprise zone by the
department in accordance with Section 7073.
(e) "Governing body" means a county board of supervisors or a city
council, as appropriate.
(f) "G-TEDA" means a geographically targeted economic development
area, which is an area designated as an enterprise zone, a
Manufacturing Enhancement Area, a targeted tax area, or a local
agency military base recovery area.
(g) "High-technology industries" includes, but is not limited to,
the computer, biological engineering, electronics, and
telecommunications industries.
(h) "Resident," unless otherwise defined, means a person whose
principal place of residence is within a targeted employment area.
(i) (1) "Targeted employment area" means an area within a city,
county, or city and county that is composed solely of those census
tracts designated by the United States Department of Housing and
Urban Development as having at least 51 percent of its residents of
low- or moderate-income levels, using either the most recent United
States Department of Census data available at the time of the
original enterprise zone application or the most recent census data
available at the time the targeted employment area is designated to
determine that eligibility. The purpose of a "targeted employment
area" is to encourage businesses in an enterprise zone to hire
eligible residents of certain geographic areas within a city, county,
or city and county. A targeted employment area may be, but is not
required to be, the same as all or part of an enterprise zone. A
targeted employment area's boundaries need not be contiguous. A
targeted employment area does not need to encompass each eligible
census tract within a city, county, or city and county. The governing
body of each city, county, or city and county that has jurisdiction
of the enterprise zone shall identify those census tracts whose
residents are in the most need of this employment targeting. Only
those census tracts within the jurisdiction of the city, county, or
city and county that has jurisdiction of the enterprise zone may be
included in a targeted employment area.
(2) At least a part of each eligible census tract within a
targeted employment area shall be within the territorial jurisdiction
of the city, county, or city and county that has jurisdiction for an
enterprise zone. If an eligible census tract encompasses the
territorial jurisdiction of two or more local governmental entities,
all of those entities shall be a party to the designation of a
targeted employment area. However, any one or more of those entities,
by resolution or ordinance, may specify that it shall not
participate in the application as an applicant, but shall agree to
complete all actions stated within the application that apply to its
jurisdiction, if the area is designated.
(3) Each local governmental entity of each city, county, or city
and county that has jurisdiction of an enterprise zone shall approve,
by resolution or ordinance, the boundaries of its targeted
employment area, regardless of whether a census tract within the
proposed targeted employment area is outside the jurisdiction of the
local governmental entity.
(4) (A) Within 180 days of updated United States census data
becoming available, each local governmental entity of each city,
county, or city and county that has jurisdiction of an enterprise
zone shall approve, by resolution or ordinance, boundaries of its
targeted employment area reflecting the new census data. If no
changes are necessary to the boundaries based on the most current
census data, the enterprise zone may send a letter to the department
stating that a review has been undertaken by the respective local
governmental entities and no boundary changes are required.
(B) A targeted employment area boundary approved prior to the 2000
United States census data becoming available that has not been
reviewed and its boundaries revised to reflect the most recent census
data, shall be reviewed and updated, and a new resolution or
ordinance submitted by the appropriate local governmental entity to
the department, by July 1, 2007. However, enterprise zones that
expire on or prior to December 31, 2008, shall be exempt from the
update requirement.
SEC. 108. Section 7085.1 of the Government Code is amended to
read:
7085.1. (a) The governing board of the G-TEDA shall report to the
department by October 1, 2008, and by that date every other year
thereafter, on the activities of the G-TEDA in the previous two
fiscal years and its plans for the current and following fiscal year.
The biennial report shall include at least both of the following:
(1) The progress the G-TEDA has made during the period covered by
the report relative to its goals, objectives, and commitments set
forth in its original application and the department's memorandum of
understanding with the G-TEDA.
(2) Identification of the previous two years' funding, including
in-kind funding. The previous two years' funding levels shall be
compared to the funding levels identified in its original application
and the department's memorandum of understanding with the G-TEDA,
and the amount identified in the previous year's biennial report. An
explanation of any meaningful discrepancies in these amounts shall be
provided.
(b) A copy of the biennial report developed pursuant to
subdivision (a) shall also be submitted to the legislative bodies of
the local jurisdictions comprising the G-TEDA. The progress of the
G-TEDA in meeting the goals, objectives, and commitments set forth in
the original application and the memorandum of understanding with
the department shall be reviewed at least biennially by these
legislative bodies, either as part of the approval of the G-TEDA's
annual work plan or separately, at the discretion of the legislative
body.
(c) (1) G-TEDAs designated prior to January 1, 2007, shall have
until April 15, 2008, to update their benchmarks, goals, objectives,
and funding levels for administering the G-TEDA program, in order to
make them measurable and conducive to the successful completion of
the economic development strategy. The local legislative body and the
department shall approve the updated goals and objectives. The
updated goals and objectives shall be included as an update to the
existing memorandum of understanding between the G-TEDA and the
department.
(2) G-TEDAs that fail to obtain approved updated goals and
objectives by April 15, 2008, shall be dedesignated effective July 1,
2008. The Director of Housing and Community Development shall
provide notice of prospective dedesignation to the local government
no later than May 1, 2008. The director may authorize up to two
60-calendar-day extensions, if the local government and G-TEDA are
acting in good faith and the additional time would allow them to meet
the requirements of this subdivision. Businesses located within a
G-TEDA that have been dedesignated shall continue to have access to
tax incentives previously authorized within the G-TEDA pursuant to
Section 7082.2.
(3) G-TEDAs designated prior to January 1, 2007, are not required
to implement the biennial reporting requirements of subdivisions (a)
and (b) until October 1, 2009.
(4) G-TEDAs that expire prior to January 1, 2010, are not required
to meet the conditions of this subdivision.
(d) The department shall biennially make available to the
Legislature information related to the progress that each G-TEDA is
making toward implementing its goals, objectives, and commitments set
forth in the original application, the department's memorandum of
understanding with the G-TEDA, and the biennial report.
SEC. 109. Section 8592.1 of the Government Code is amended to
read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, which was established in December 1994 in recognition of
the need to improve existing public radio systems and to develop
interoperability among public safety departments and between state
public safety departments and local or federal entities, and which
consists of representatives of the following state entities:
(1) The Office of Emergency Services, who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Health Services.
(11) The Emergency Medical Services Authority.
(12) The Department of General Services.
(13) The Office of Homeland Security.
(14) The Military Department.
(15) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early states of an incident, are responsible for, among other things,
the protection and preservation of life, property, evidence, and the
environment, including, but not limited to, state fire agencies,
state and local emergency medical services agencies, local sheriffs'
departments, municipal police departments, county and city fire
departments, and police and fire protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 110. Section 8610 of the Government Code is amended to read:
8610. Counties, cities and counties, and cities may create
disaster councils by ordinance. A disaster council shall develop
plans for meeting any condition constituting a local emergency or
state of emergency, including, but not limited to, earthquakes,
natural or manmade disasters specific to that jurisdiction, or state
of war emergency; those plans shall provide for the effective
mobilization of all of the resources within the political
subdivision, both public and private. The disaster council shall
supply a copy of any plans developed pursuant to this section to the
Office of Emergency Services. The governing body of a county, city
and county, or city may, in the ordinance or by resolution adopted
pursuant to the ordinance, provide for the organization, powers and
duties, divisions, services, and staff of the emergency organization.
The governing body of a county, city and county, or city may, by
ordinance or resolution, authorize public officers, employees, and
registered volunteers to command the aid of citizens when necessary
in the execution of their duties during a state of war emergency, a
state of emergency, or a local emergency.
Counties, cities and counties, and cities may enact ordinances and
resolutions and either establish rules and regulations or authorize
disaster councils to recommend to the director of the local emergency
organization rules and regulations for dealing with local
emergencies that can be adequately dealt with locally; and further
may act to carry out mutual aid on a voluntary basis and, to this
end, may enter into agreements.
SEC. 111. The heading of Chapter 8.1 (commencing with Section
8710) of Division 1 of Title 2 of the Government Code is amended to
read:
CHAPTER 8.1. CALIFORNIA-MEXICO BORDER RELATIONS COUNCIL
SEC. 112. Section 8880.325 of the Government Code is amended to
read:
8880.325. The right of any person to a prize shall not be
assignable, except that the payment of any prize may be assigned, in
whole or in part, as provided by Section 8880.326 and this section
under any of the following circumstances:
(a) An assignment executed by the prizewinner on a form approved
by, and filed with, the commission during the prizewinner's lifetime
in accordance with regulations adopted by the commission, to a trust
that by its terms is revocable and that is established by the
prizewinner for the benefit of the prizewinner as a beneficiary and
governed by the laws of the state.
(b) An appropriate judicial order appointing a conservator or a
guardian for the protection of the prizewinner or for adjudicating
rights to, or ownership of, the prize.
(c) An assignment, as collateral, to a person to secure a loan
pursuant to Division 9 (commencing with Section 9101) of the
Commercial Code. The assignment as collateral of the right to receive
payment of a prize shall be subject to all of the following:
(1) All security agreements, rights of the prizewinner, and rights
of the secured creditor shall be determined pursuant to the laws of
the state.
(2) In the event of a default under the loan or security
agreement, the secured creditor's rights shall be limited to
receiving the regular payments made by the lottery, based on the
prizewinner's right to receive a regular prize payment until the
obligation has been paid in full or the prize has been paid in full,
whichever occurs first. Notwithstanding Division 9 (commencing with
Section 9101) of the Commercial Code, the secured creditor shall not
have the right to sell or assign the prizewinner's rights to payments
to itself or to any other person. This section shall not limit the
secured creditor's right to sell, assign, or transfer the obligation
of the debtor and related security interest to a third party.
(3) The prizewinner and secured creditor may agree, and may
jointly instruct the lottery, to directly deposit all prizewinning
payments into an account maintained by the prizewinner at a federally
insured financial institution located within the state. This account
may be subject to the secured creditor's lien. Upon receipt of these
instructions, the lottery shall continue to deposit all payments due
the prizewinner into the account until the lottery receives
notification from both the secured creditor and the prizewinner that
the payments are to be made to an account maintained at another bank
or that the secured creditor releases or terminates the security
interest in the prizewinner's payments.
(4) (A) The prizewinner, pursuant to an order of the court
obtained in compliance with subdivision (d), may direct the lottery
to make the prize payments, in whole or in part, directly to the
secured creditor. A direction to the lottery to make a prize payment
to a secured creditor shall not, in itself, constitute an assignment
of the prize payment to the secured creditor.
(B) For purposes of this paragraph and subdivision (d), "assignee"
and "secured creditor" are synonymous, and "assignment" or "prize
payment" means the payment that is directed to be paid to the secured
creditor.
(5) For purposes of perfecting the security interest of the
secured creditor, the right of the prizewinner to receive payments is
deemed to be a contract right that is perfected by the filing of a
financing statement with the office of the Secretary of State.
(6) A copy of the security agreement, an endorsed copy of the
financing statement, and the joint instruction to deposit the
prizewinner's payments directly into an account, if any, at the
financial institution shall be filed with the lottery.
Notwithstanding the security interest granted a creditor, all lottery
payments shall be made payable directly to the prizewinner, except
as follows:
(A) Payments sent directly to the financial institution designated
pursuant to paragraph (3).
(B) In the event of a default under the security agreement or
obligation it secures, payments sent directly to the secured creditor
pursuant to an order of a court of competent jurisdiction
determining that the payments are to be made directly to the secured
creditor.
(7) Upon the termination or release of the security interest, the
secured creditor shall file an endorsed copy of the release or
termination of the security interest with the lottery.
(d) Except as provided in subdivision (j), an assignment of future
payments to another person designated pursuant to an appropriate
judicial order of a California superior court or a federal court
having jurisdiction over property located within California, if the
court determines and states in its order all of the following:
(1) That the prizewinner was represented by independent legal
counsel whose name and State Bar of California number appears as
counsel of record on all pleadings filed in any and all court
proceedings. The prizewinner's legal counsel shall appear as counsel
of record at any proceedings that are required by the court.
(2) That the prizewinner has represented to the court either by
sworn testimony if a personal appearance is required by the court, or
by written declaration filed with the court under penalty of
perjury, and that the court has determined these representations to
be true and correct, that the prizewinner (A) has reviewed and
understands the terms and effects of the assignment, (B) understands
that he or she will not receive the prize payments or portions
thereof for the years assigned, (C) has entered into the agreement of
his or her own free will without undue influence or duress and not
under the influence of drugs or alcohol, (D) has had an opportunity
to retain independent financial and tax advice, and (E) has been
represented by independent legal counsel, who has advised the
prizewinner of his or her legal rights and obligations under the
assignment.
(3) It shall be the responsibility of the prizewinner to bring to
the attention of the court, either by sworn testimony or by written
declaration submitted under penalty of perjury, the existence or
nonexistence of a current spouse. If married, the prizewinner shall
identify his or her spouse and submit to the court a signed and
notarized statement wherein the spouse consents to the assignment. If
the prizewinner is married and the notarized statement is not
presented to the court, the court shall determine, to the extent
necessary and as appropriate under applicable law, the ability of the
prizewinner to make the proposed assignment without the spouse's
consent.
(4) The specific prize payment or payments assigned, or any
portion thereof, including the dates and amounts of the payments to
be assigned, the years in which each payment is to begin and end, the
gross amount of the annual payments assigned before taxes, the
prizewinner's name as it appears on the lottery claim form, the full
legal name of the assignor if different than the prizewinner's name
as it appears on the lottery claim form, the assignor's social
security or tax identification number, the assignee's full legal name
and social security or tax identification number, and, if
applicable, the citizenship or resident alien number of the assignee
if a natural person.
(5) Expressly identifies the amount, the date if available, any
nonspouse coowner, claimant, or lienholder, and the interests, liens,
security interests, assignments, or offsets asserted by the state or
other persons against any of the prize payments, including, but not
limited to, those payments that are the subject of the proposed
assignment as those interests, liens, security interests,
assignments, or offsets have been represented to the court by the
prizewinner in a written declaration signed under penalty of perjury
and filed with the court.
(6) That the lottery and the State of California are not parties
to the proceeding and that the lottery and the state may rely upon
the order in disbursing the prize payments that are the subject of
the order. Further, that upon payment of prize moneys pursuant to an
order of the court, the lottery, the director, the commission, and
the employees of the lottery and the state shall be discharged of any
and all liability for the prize paid, and these persons and entities
shall have no duty or obligation to any person asserting another
interest in, or right to receive, the prize payment.
(7) That the prizewinner or the proposed assignee has obtained and
filed with the court a notification from the lottery of any liens,
levies, or claims, and the Controller's office of any offsets
asserted as of that time against the prizewinner, as reflected in
their respective official records as of the time of the notification.
The date of the notification shall not be more than 20 days prior to
the court hearing, unless extended by the court.
(e) The assignment of the right to receive any prize payment or
payments by the prizewinner pursuant to subdivision (d) shall be
conditioned on the following terms, conditions, and rights, which may
not be waived or modified by the prizewinner:
(1) The payment of moneys to, or on behalf of, the prizewinner by
the assignee in consideration for the assignment of the prize payment
or payments shall be made in full prior to the time when, under the
terms of the assignment, the lottery is required to make the first
prize payment to the assignee, or may be made in two installments,
the first being paid prior to the time when, under the terms of the
assignment, the lottery is required to make the first prize payment
to the assignee and the second installment within 11 months
thereafter. The second installment shall not be in an amount that
exceeds the first installment. Notwithstanding the foregoing, any
other installment payment schedule is permitted if the installment
obligation relating to the installments is guaranteed by a financial
institution, as defined in paragraph (2) of subdivision (a) of
Section 4981 of the Financial Code, or a brokerage firm that is a
member of the Securities Investor Protection Corporation (SIPC), as
required by the federal Securities Investor Protection Act of 1970
(15 U.S.C. Sec. 78aaa et seq.).
(2) If the prizewinner elects to accept the consideration to be
paid for the assignment in two installments as provided in paragraph
(1), the prizewinner shall have a special lien for the balance of any
payment due, effective without any further action, agreement, or
notice, on any of the prize payments assigned by the prizewinner for
the payment of moneys from the assignee. This lien shall terminate
upon the prizewinner receiving actual payment of the moneys. The
tendering of a check, payment instrument, or recital of payment shall
not constitute actual payment of moneys for the purposes of this
paragraph. Notwithstanding the foregoing, if a prizewinner accepts an
installment obligation guaranteed by a Federal Deposit Insurance
Corporation (FDIC) or SIPC insured entity, then the lien created by
this section shall automatically terminate upon delivery of the
installment obligation.
(3) The Legislature finds and declares that the creation of a
statutory lien in favor of a prizewinner is necessary to protect the
rights of the prizewinner from any creditors, subsequent bankruptcy
trustees of the assignee, or from any subsequent assignees when the
prizewinner has not received full payment for the assigned prize
payments.
(f) Prior to the assignment of any prize as provided in
subdivisions (c) and (d), the Controller shall determine whether the
prizewinner owes any obligation that is subject to offset under
Article 2 (commencing with Section 12410) of Chapter 5 of Part 2 of
Division 3 and shall provide written notification of that
determination to the lottery and to the Secretary of State.
(g) If the lottery determines that the court order issued pursuant
to subdivision (d) is complete and correct in all respects, the
lottery shall send the prizewinner and the assignee or assignees
written confirmation of receipt of the court-ordered assignment and
of the lottery's intention to rely thereon in making future payments
to the assignee or assignees named in the court order.
(h) Notwithstanding any other provision of law, by entering into
an agreement to assign any prize payments pursuant to subdivision (c)
or (d), a prizewinner shall be deemed to have waived any statutory
period of limitation as to the State of California enforcing any
rights against annual prize payments due after the last assigned
payment is paid or released, if assigned as collateral, from the lien
granted the secured creditor. No assignment of prize payments
pursuant to either subdivision (c) or (d) shall be valid or allowed
for the final three annual prize payments from the lottery to the
prizewinner.
(i) Any loans made to a prizewinner pursuant to this section shall
be exempt from the usury provisions of Article XV of the California
Constitution with respect to an assignment of a lottery prize as
collateral to secure a loan.
(j) (1) Notwithstanding any other provision of this section, no
prizewinner shall have the right to assign prize payments pursuant to
subdivision (d) or direct the payment of a prize pursuant to
paragraph (4) of subdivision (c) if any of the following occurs:
(A) The issuance by the United States Internal Revenue Service
(IRS) of a technical rule letter, revenue ruling, or other public
ruling of the IRS in which the IRS determines that, based upon the
right of assignment provided in subdivision (d), a California lottery
prizewinner who does not assign any prize payments pursuant to
subdivision (d) would be subject to an immediate income tax liability
for the value of the entire prize rather than annual income tax
liability for each installment when paid.
(B) The issuance by a court of competent jurisdiction of a
published decision holding that, based upon the right of assignment
provided in subdivision (d), a California lottery prizewinner who
does not assign any prize payments pursuant to subdivision (d) would
be subject to an immediate income tax liability for the value of the
entire prize rather than annual income tax liability for each
installment when paid.
(2) Upon receipt of a letter or ruling from the IRS or a published
decision of a court of competent jurisdiction, as specified in
paragraph (1), the director shall immediately file a copy of that
letter, ruling, or published decision with the Secretary of State.
Immediately upon the filing by the director of a letter, ruling,
or published decision with the Secretary of State, a prizewinner
shall be ineligible to assign a prize pursuant to subdivision (d) or
direct the payment of a prize pursuant to paragraph (4) of
subdivision (c).
SEC. 113. Section 9359 of the Government Code is amended to read:
9359. Upon his or her written application to the Board of
Administration, (a) a member of this system who was a member on the
effective date of this amendment who has attained 60 years of age,
(b) a member who hereafter becomes a member of this system who has
attained 60 years of age and who is credited with 4 or more years of
service, or (c) a member, regardless of age, who is credited with 20
or more years of service, shall be retired, and thereafter shall
receive for life the retirement allowance provided in this chapter.
A written application for retirement may be filed at any time
during the term of office of the member, or within 30 days after the
expiration of his or her term of office. An application that does not
specify a different date as the effective date of retirement applied
for shall be deemed to be an application for retirement as of the
day following the expiration of the term of office of the member.
SEC. 114. Section 9359.1 of the Government Code is amended to
read:
9359.1. (a) The retirement allowance for a member all of whose
credited service was rendered as a Member of the Senate or Assembly,
except as provided in subdivision (d), is an annual amount equal to 5
percent of the compensation payable, at the time payments of the
allowance fall due, to incumbent Members of the Senate or Assembly,
multiplied by the number of years of service with which the member is
credited at the time of his or her retirement, not to exceed 15
years. In no event shall any retirement allowance payable under this
chapter to a member exceed the compensation payable to Members of the
Legislature at the time the payment of the allowance is made, except
that the retirement allowance of a member who is credited with more
than 15 years shall be increased by an amount equal to 3 percent of
the compensation payable, at the time payment of the allowance falls
due, to incumbent Members of the Senate or Assembly for each year or
fraction of a year in excess of 15 years.
(b) The retirement allowance for a member all of whose credited
service was rendered as the Insurance Commissioner or as an elective
officer of the state whose office is provided for by the Constitution
other than a judge or a Member of the Senate or Assembly is the sum
of (1) an annual amount equal to 5 percent of the highest
compensation received by the officer while serving in that office,
multiplied by the number of years of service with which the member is
credited at the time of his or her retirement, not to exceed 8
years, plus, if the member is credited with 24 or more years of
service, (2) 12/3 percent of the compensation to which the 5-percent
rate is applicable under subparagraph (1) for his or her first 8
years of credited service, multiplied by the number of years of
service in excess of 8 years with which the member is credited at the
time of his or her retirement, not to exceed 12 years of credited
service in excess of the 8 years of service referred to in
subparagraph (1).
(c) The retirement allowance for a member part of whose credited
service was rendered as a Member of the Senate or Assembly and part
of whose credited service was rendered as the Insurance Commissioner
or as an elective officer of the state whose office is provided for
by the Constitution, other than a judge or a Member of the Senate or
Assembly, is the sum of (1) an annual amount equal to 5 percent of
all the compensation, at the time payment of the allowance falls due,
to the officer holding the highest salaried office that the member
held at any time during his or her service prior to retirement,
multiplied by the number of years of service with which the member is
credited at the time of his or her retirement, not to exceed 8
years, plus, if the member is credited with 24 or more years of
service, (2) 12/3 percent of the compensation to which the 5-percent
rate is applicable under subparagraph (1) for his or her first 8
years of credited service, multiplied by the number of years of
service rendered as the Insurance Commissioner or as an elective
officer of the state whose office is provided for by the
Constitution, other than a judge or a Member of the Senate or
Assembly, with which the member is credited at the time of his or her
retirement, not to exceed 12 years of that credited service in
excess of the 8 years referred to in subparagraph (1). If, however,
the member would be entitled to receive a greater allowance under
subdivision (a), (b), or (d) if all of his or her credited service
had been rendered as a Member of the Senate or Assembly or as the
Insurance Commissioner or as an elective officer of the state whose
office is provided for by the Constitution other than a judge or a
Member of the Senate or Assembly, then all of his or her credited
service shall be deemed to have been rendered as a Member of the
Senate or Assembly or as an elective officer, and he or she shall
receive a retirement allowance computed under subdivision (a), (b),
or (d), whichever is greater.
(d) The retirement allowance for a member, all of whose service
was rendered as a Member of the Senate or Assembly, who is the
surviving spouse of a deceased Member of the Senate or Assembly and
who becomes the immediate successor in office of a deceased Member of
the Senate or Assembly is an annual amount equal to 5 percent of the
compensation payable, at the time the payments of the allowance fall
due, to incumbent Members of the Senate or Assembly, multiplied by
the number of years of service with which the member is credited at
the time of retirement plus the number of years of service as a
Member of the Senate or Assembly rendered by the member's deceased
spouse plus any period in the term, for which the deceased member was
elected, following his or her death, not to exceed 15 years. In no
event shall any retirement allowance payable under this chapter to a
member exceed the compensation payable to Members of the Legislature
at the time the payment of the allowance is made, except that the
retirement allowance of a member, whose total service creditable
under this subdivision is in excess of 15 years, shall be increased
by an amount equal to 3 percent of the compensation payable, at the
time payment of the allowance falls due, to incumbent Members of the
Senate or Assembly for each year or fraction of a year in excess of
15 years. This same computation of total service creditable shall be
used as a basis in determining eligibility for retirement, under
Sections 9359 and 9359.16, of a member described in this subdivision.
A member to whom this subdivision applies shall redeposit an amount
equal to the contributions that were required to be contributed by
his or her deceased spouse while he or she was a member of the system
for his or her service, computed on the basis of the salary and rate
of contribution in effect at the time service was rendered, or would
have been rendered, in the Legislators' Retirement Fund on account
of the service of his or her deceased spouse in order to use that
service for the purposes of this section and Sections 9359 and
9359.16.
The amendments to this section enacted at the 1969 Regular Session
shall apply with respect to a member who retired or retires, or died
or dies while eligible to retire on or after May 1, 1969, and any
allowance payable with respect to that member who retired or died
prior to the effective date of that amendment, shall be adjusted
effective from the date of retirement or death to the amount it would
have been had the amendment been in effect on that date.
Sections 9359.11 and 9359.12 shall control over any conflicting
provisions of this section.
The amendments to this section during the 1973-74 Second
Extraordinary Session shall not be applicable to members who are
retired on the effective date of the amendments.
SEC. 115. Section 12011.5 of the Government Code is amended to
read:
12011.5. (a) In the event of a vacancy in a judicial office to be
filled by appointment of the Governor, or in the event that a
declaration of candidacy is not filed by a judge and the Governor is
required under subdivision (d) of Section 16 of Article VI of the
Constitution to nominate a candidate, the Governor shall first submit
to a designated agency of the State Bar of California the names of
all potential appointees or nominees for the judicial office for
evaluation of their judicial qualifications.
(b) The membership of the designated agency
of the State Bar responsible for evaluation of judicial candidates
shall consist of attorney members and public members with the ratio
of public members to attorney members determined, to the extent
practical, by the ratio established in Sections 6013.4 and 6013.5 of
the Business and Professions Code. It is the intent of this
subdivision that the designated agency of the State Bar responsible
for evaluation of judicial candidates shall be broadly representative
of the ethnic, sexual, and racial diversity of the population of
California and composed in accordance with Sections 11140 and 11141
of the Government Code. The further intent of this subdivision is to
establish a selection process for membership on the designated agency
of the State Bar responsible for evaluation of judicial candidates
under which no member of that agency shall provide inappropriate,
multiple representation for purposes of this subdivision.
(c) Upon receipt from the Governor of the names of candidates for
judicial office and their completed personal data questionnaires, the
State Bar shall employ appropriate confidential procedures to
evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the judicial duties of the
office to which the appointment or nomination shall be made. Within
90 days of submission by the Governor of the name of a potential
appointee for judicial office, the State Bar shall report in
confidence to the Governor its recommendation whether the candidate
is exceptionally well qualified, well qualified, qualified, or not
qualified and the reasons therefor, and may report, in confidence,
other information as the State Bar deems pertinent to the
qualifications of the candidate.
(d) In determining the qualifications of a candidate for judicial
office, the State Bar shall consider, among other appropriate
factors, his or her industry, judicial temperament, honesty,
objectivity, community respect, integrity, health, ability, and legal
experience.
(e) The State Bar shall establish and promulgate rules and
procedures regarding the investigation of the qualifications of
candidates for judicial office by the designated agency. These rules
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
health, physical or mental condition, or moral turpitude which,
unless rebutted, would be determinative of the candidate's
unsuitability for judicial office. No provision of this section shall
be construed as requiring that any rule or procedure be adopted that
permits the disclosure to the candidate of information from which
the candidate may infer the source, and no information shall either
be disclosed to the candidate nor be obtainable by any process that
would jeopardize the confidentiality of communications from persons
whose opinion has been sought on the candidate's qualifications.
(f) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the State Bar in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the State Bar with a candidate or
person providing information in furtherance of the purposes of this
section shall not constitute a waiver of the privilege or a breach of
confidentiality.
(g) If the Governor has appointed a person to a trial court who
has been found not qualified by the designated agency, the State Bar
may make public this fact after due notice to the appointee of its
intention to do so, but that notice or disclosure shall not
constitute a waiver of privilege or breach of confidentiality with
respect to communications of or to the State Bar concerning the
qualifications of the appointee.
(h) If the Governor has nominated or appointed a person to the
Supreme Court or court of appeal in accordance with subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Commission on Judicial Appointments may invite, or the State Bar's
governing board or its designated agency may submit to the commission
its recommendation, and the reasons therefor, but that disclosure
shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the State Bar
concerning the qualifications of the nominee or appointee.
(i) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefor. As used in this section, the term "State Bar" means its
governing board and members thereof, the designated agency of the
State Bar and members thereof, and employees and agents of the State
Bar.
(j) At any time prior to the receipt of the report from the State
Bar specified in subdivision (c) the Governor may withdraw the name
of any person submitted to the State Bar for evaluation pursuant to
this section.
(k) No candidate for judicial office may be appointed until the
State Bar has reported to the Governor pursuant to this section, or
until 90 days have elapsed after submission of the candidate's name
to the State Bar, whichever occurs earlier. This subdivision shall
not apply to any vacancy in judicial office occurring within the 90
days preceding the expiration of the Governor's term of office,
provided, however, that with respect to those vacancies and with
respect to nominations pursuant to subdivision (d) of Section 16 of
Article VI of the California Constitution, the Governor shall be
required to submit any candidate's name to the State Bar in order to
provide it an opportunity, if time permits, to make an evaluation.
() Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to judicial
office, nor shall anything in this section be construed as adding any
additional qualifications for the office of a judge.
(m) The Board of Governors of the State Bar shall not conduct or
participate in, or authorize any committee, agency, employee, or
commission of the State Bar to conduct or participate in, any
evaluation, review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a court
provided for in Section 2 or 3 of Article VI of the California
Constitution without prior review and statutory authorization by the
Legislature, except an evaluation, review, or report on potential
judicial appointees or nominees as authorized by this section.
This subdivision shall not be construed to prohibit a member of
the State Bar from conducting or participating in an evaluation,
review, or report in his or her individual capacity.
(n) (1) Notwithstanding any other provision of this section, on or
before March 1, 2007, and on or before March 1 of each year
thereafter, all of the following shall occur:
(A) The Governor shall disclose aggregate statewide demographic
data provided by all judicial applicants relative to ethnicity and
gender.
(B) The designated agency of the State Bar responsible for
evaluation of judicial candidates shall collect and release both of
the following on an aggregate statewide basis:
(i) Statewide demographic data provided by judicial applicants
reviewed relative to ethnicity and gender.
(ii) The statewide summary of the recommendations of the
designated agency of the State Bar by ethnicity and gender.
(C) The Administrative Office of the Courts shall collect and
release the demographic data provided by justices and judges
described in Article VI of the California Constitution relative to
ethnicity and gender, by specific jurisdiction.
(2) Any demographic data disclosed or released pursuant to this
subdivision shall disclose only aggregated statistical data and shall
not identify any individual applicant, justice, or judge.
(o) If any provision of this section other than a provision
relating to or providing for confidentiality or privilege from
disclosure of any communication or matter, or the application of the
provision to any person or circumstances, is held invalid, the
remainder of this section to the extent it can be given effect, or
the application of the provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby, and to this extent the provisions of this section are
severable. If any other act of the Legislature conflicts with the
provisions of this section, this section shall prevail.
SEC. 116. Section 13952 of the Government Code is amended to read:
13952. (a) An application for compensation shall be filed with
the board in the manner determined by the board.
(b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation, who
may be the victim or derivative victim, or an individual seeking
reimbursement for burial, funeral, or crime scene cleanup expenses
pursuant to subdivision (a) of Section 13957. If the individual
seeking compensation is a minor or is incompetent, the application
shall be verified under penalty of perjury or on information and
belief by the parent with legal custody, guardian, conservator, or
relative caregiver of the victim or derivative victim for whom the
application is made. However, if a minor seeks compensation only for
expenses for medical, medical-related, psychiatric, psychological, or
other mental health counseling-related services and the minor is
authorized by statute to consent to those services, the minor may
verify the application for compensation under penalty of perjury.
(2) For purposes of this subdivision, "relative caregiver" means a
relative as defined in subdivision (i) of Section 6550 of the Family
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
(c) (1) The board may require submission of additional information
supporting the application that is reasonably necessary to verify
the application and determine eligibility for compensation.
(2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff's
determination to the board, which shall review the application to
determine whether it is complete.
(d) (1) The board may recognize an authorized representative of
the victim or derivative victim, who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
(2) For purposes of this subdivision, "authorized representative"
means any of the following:
(A) An attorney.
(B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an immediate
family member, parent, or relative caregiver who is not the
perpetrator of the crime that gave rise to the claim.
(C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.
(D) An immediate family member of the victim or derivative victim,
who has written authorization by the victim or derivative victim,
and who is not the perpetrator of the crime that gave rise to the
claim.
(E) Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.
(3) Except for attorney's fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.
SEC. 117. Section 13955 of the Government Code is amended to read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to subdivision (a)
of Section 13957.
(B) This paragraph applies without respect to any felon status of
the victim.
(b) Either of the following conditions is met:
(1) The crime occurred within this state, whether or not the
victim is a resident of the state. This paragraph shall apply only
during those time periods during which the board determines that
federal funds are available to the state for the compensation of
victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the state.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in this state.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of this state, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (c) of Section 192 or Section 192.5 of the
Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.
SEC. 118. Section 14995 of the Government Code is amended to read:
14995. (a) The Electronic Funds Transfer Task Force is hereby
established in state government.
(b) The Electronic Funds Transfer Task Force shall consist of one
representative from each of the following agencies, boards, and
departments, appointed by the corresponding agency, board, or
department head, as follows:
(1) State Board of Equalization.
(2) Franchise Tax Board.
(3) Employment Development Department.
(4) Treasurer.
(5) Controller.
(6) Department of Finance.
(7) Department of General Services.
(8) Department of Technology Services.
(c) The Electronic Funds Transfer Task Force shall study and
report to the Legislature, on or before April 1, 2008, a plan for the
development and implementation of a payment disbursal system
utilizing electronic funds transfer technology. The plan shall
include, but not be limited to, all of the following:
(1) An examination of all payments disbursed by the state and the
methods currently used to transfer these funds.
(2) A recommendation on which payments should be included in a new
electronic payment disbursal system.
(3) An examination of the cost of developing and utilizing a
comprehensive electronic payment disbursal system, including, but not
limited to, all of the following:
(A) Costs and savings related to float time.
(B) Costs and savings related to transaction process time.
(C) Costs and savings related to paperless transactions.
(D) Costs and savings related to system development and
implementation of a new electronic payment disbursal system.
(E) Costs and savings related to administration of a new
electronic payment disbursal system.
(4) A recommendation on how a comprehensive electronic payment
disbursal system should be developed, including, but not limited to,
recommendations on whether the state should contract for private
administration of an electronic payment disbursal system, develop a
system within state government, or use any other means available.
(5) An examination of the costs and benefits of using a
user-friendly, single online portal interface for the disbursal of
funds through an electronic payment disbursal system.
(6) A recommendation on which state agencies, boards, and
departments should be required to use the electronic payment
disbursal system for payment of funds, and what, if any, exceptions
should be provided for these agencies, boards, and departments.
(7) An examination of and recommendation on incorporating the
disbursal of funds for localities into the electronic payment system.
(8) An examination of and recommendation on the system's
flexibility for future expansion of services.
(9) An examination of and recommendation on incorporating
electronic payment cards, or similar products, into the electronic
payment disbursal system. This shall include, but not be limited to,
the costs and savings of using electronic payment cards for social
services and unbanked customers.
(10) An examination of and recommendation on incorporating
electronic check conversion into the electronic disbursal system.
(11) A recommendation on the timely development of the electronic
payment disbursal system.
SEC. 118.5. Section 16584 of the Government Code is amended to
read:
16584. (a) A participant may enter into a contract with a private
debt collector or private person or entity for the assignment or
sale of all or part of its accounts receivable, provided that the
participant does all of the following:
(1) Determines the assignment or sale is likely to generate more
net revenue or net value than equivalent state efforts.
(2) Determines the assignment or sale will not compromise future
state revenue collections.
(3) Notifies the debtor in writing at the address of record that
the alleged accounts receivable debt will be turned over for private
collection unless the debt is paid, or appealed within a time period,
as determined by the participant.
(b) No participant shall enter into a contract for the assignment
or sale of any accounts receivable pursuant to subdivision (a) if the
accounts receivable debt has been contested.
(c) Any contract entered into pursuant to this section is subject
to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2
of Division 2 of the Public Contract Code.
SEC. 119. Section 17558.8 of the Government Code is amended to
read:
17558.8. (a) The commission may, on its own initiative,
consolidate incorrect reduction claims filed with the commission by
different claimants under the same mandate if all of the following
apply:
(1) The same method, act, or practice is alleged to have led to
the reduction in each claim, and all of the claims involve common
questions of law or fact.
(2) The common questions of law or fact among the claims
predominate over any matter affecting only an individual claim.
(3) The consolidation of similar claims by individual claimants
would result in consistent decisionmaking by the commission.
(b) The commission shall adopt regulations establishing procedures
for consolidation of incorrect reduction claims pursuant to this
section and for providing a hearing on a consolidated claim.
SEC. 119.5. Section 19632 of the Government Code, as added by
Section 3 of Chapter 1048 of the Statutes of 2000, is amended and
renumbered to read:
19633. In any proceeding brought pursuant to Section 1094.5 of
the Code of Civil Procedure for the purpose of inquiring into the
validity of any final administrative order or decision by the board,
an award of costs or attorney's fees or both to the petitioner shall
be borne by the real party in interest and shall not be assessed
against the board, unless there is no real party in interest. This
section may not be construed to authorize an award of attorney's
fees.
SEC. 120. Section 19822.3 of the Government Code is amended to
read:
19822.3. All state agencies shall implement and use the
California Automated Travel Expense Reimbursement System (CalATERS)
to automate processing of employee travel claims by July 1, 2009,
unless the Controller recommends, and the Department of Finance
approves, an exemption request. To request an exemption, a department
or agency shall submit documentation to the Controller no later than
July 1, 2007, to substantiate that the implementation of CalATERS is
not feasible or cost-effective for that department or agency. The
Department of Finance and the Controller shall jointly report to the
Joint Legislative Budget Committee, not later than February 1, 2008,
on the exemptions that have been approved and the bases for the
exemptions.
SEC. 121. Section 20037.7 of the Government Code is amended to
read:
20037.7. (a) Notwithstanding Sections 20035 and 20037, final
compensation for a person who becomes a state member of the system on
or after January 1, 2007, and is represented by State Bargaining
Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21, means the highest average
annual compensation earnable by the member during the consecutive
36-month period immediately preceding the effective date of his or
her retirement, or the date of his or her last separation from state
service if earlier, or during any other period of 36 consecutive
months during his or her state membership that the member designates
on the application for retirement.
(b) This section applies to service credit accrued while a member
of State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21.
(c) This section does not apply to:
(1) Former state employees previously employed before January 1,
2007, who return to state employment on or after January 1, 2007.
(2) State employees hired prior to January 1, 2007, who were
subject to Section 20281.5 during the first 24 months of state
employment.
(3) State employees hired prior to January 1, 2007, who become
subject to representation by State Bargaining Unit 1, 3, 4, 11, 14,
15, 17, 20, or 21 on or after January 1, 2007.
(4) State employees on an approved leave of absence employed
before January 1, 2007, who return to active employment on or after
January 1, 2007.
SEC. 122. Section 20479 of the Government Code is amended to read:
20479. Notwithstanding any other provision of law, including, but
not limited to, Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1, no contract or contract amendment shall be
made to provide retirement benefits for some, but not all members of
the following membership classifications: local miscellaneous
members, local police officers, local firefighters, county peace
officers, local sheriffs, or local safety officers.
No contract or contract amendments shall provide different
retirement benefits for a subgroup, including, but not limited to,
bargaining units or unrepresented groups, within those membership
classifications.
This section does not preclude changing membership classification
from one membership classification to another membership
classification or exclusion of groups of members by contract.
For purposes of this section, "benefit" shall not be limited to
the benefits set forth in Section 20020.
SEC. 123. Section 20636 of the Government Code is amended to read:
20636. (a) "Compensation earnable" by a member means the payrate
and special compensation of the member, as defined by subdivisions
(b), (c), and (g), and as limited by Section 21752.5.
(b) (1) "Payrate" means the normal monthly rate of pay or base pay
of the member paid in cash to similarly situated members of the same
group or class of employment for services rendered on a full-time
basis during normal working hours,
pursuant to publicly available pay schedules. "Payrate,"
for a member who is not in a group or class, means the monthly rate
of pay or base pay of the member, paid in cash and pursuant to
publicly available pay schedules, for services rendered on a
full-time basis during normal working hours, subject to the
limitations of paragraph (2) of subdivision (e).
(2) "Payrate" shall include an amount deducted from a member's
salary for any of the following:
(A) Participation in a deferred compensation plan.
(B) Payment for participation in a retirement plan that meets the
requirements of Section 401(k) of Title 26 of the United States Code.
(C) Payment into a money purchase pension plan and trust that
meets the requirements of Section 401(a) of Title 26 of the United
States Code.
(D) Participation in a flexible benefits program.
(3) The computation for a leave without pay of a member shall be
based on the compensation earnable by him or her at the beginning of
the absence.
(4) The computation for time prior to entering state service shall
be based on the compensation earnable by him or her in the position
first held by him or her in state service.
(c) (1) Special compensation of a member includes a payment
received for special skills, knowledge, abilities, work assignment,
workdays or hours, or other work conditions.
(2) Special compensation shall be limited to that which is
received by a member pursuant to a labor policy or agreement or as
otherwise required by state or federal law, to similarly situated
members of a group or class of employment that is in addition to
payrate. If an individual is not part of a group or class, special
compensation shall be limited to that which the board determines is
received by similarly situated members in the closest related group
or class that is in addition to payrate, subject to the limitations
of paragraph (2) of subdivision (e).
(3) Special compensation shall be for services rendered during
normal working hours and, when reported to the board, the employer
shall identify the pay period in which the special compensation was
earned.
(4) Special compensation may include the full monetary value of
normal contributions paid to the board by the employer, on behalf of
the member and pursuant to Section 20691, if the employer's labor
policy or agreement specifically provides for the inclusion of the
normal contribution payment in compensation earnable.
(5) The monetary value of a service or noncash advantage furnished
by the employer to the member, except as expressly and specifically
provided in this part, is not special compensation unless regulations
promulgated by the board specifically determine that value to be
"special compensation."
(6) The board shall promulgate regulations that delineate more
specifically and exclusively what constitutes "special compensation"
as used in this section. A uniform allowance, the monetary value of
employer-provided uniforms, holiday pay, and premium pay for hours
worked within the normally scheduled or regular working hours that
are in excess of the statutory maximum workweek or work period
applicable to the employee under Section 201 et seq. of Title 29 of
the United States Code shall be included as special compensation and
appropriately defined in those regulations.
(7) Special compensation does not include any of the following:
(A) Final settlement pay.
(B) Payments made for additional services rendered outside of
normal working hours, whether paid in lump sum or otherwise.
(C) Other payments the board has not affirmatively determined to
be special compensation.
(d) Notwithstanding any other provision of law, payrate and
special compensation schedules, ordinances, or similar documents
shall be public records available for public scrutiny.
(e) (1) As used in this part, "group or class of employment" means
a number of employees considered together because they share
similarities in job duties, work location, collective bargaining
unit, or other logical work-related grouping. One employee may not be
considered a group or class.
(2) Increases in compensation earnable granted to an employee who
is not in a group or class shall be limited during the final
compensation period applicable to the employees, as well as the two
years immediately preceding the final compensation period, to the
average increase in compensation earnable during the same period
reported by the employer for all employees who are in the same
membership classification, except as may otherwise be determined
pursuant to regulations adopted by the board that establish
reasonable standards for granting exceptions.
(f) As used in this part, "final settlement pay" means pay or cash
conversions of employee benefits that are in excess of compensation
earnable, that are granted or awarded to a member in connection with,
or in anticipation of, a separation from employment. The board shall
promulgate regulations that delineate more specifically what
constitutes final settlement pay.
(g) (1) Notwithstanding subdivision (a), "compensation earnable"
for state members means the average monthly compensation, as
determined by the board, upon the basis of the average time put in by
members in the same group or class of employment and at the same
rate of pay, and is composed of the payrate and special compensation
of the member. The computation for an absence of a member shall be
based on the compensation earnable by him or her at the beginning of
the absence and for time prior to entering state service shall be
based on the compensation earnable by him or her in the position
first held by him or her in that state service.
(2) Notwithstanding subdivision (b), "payrate" for state members
means the average monthly remuneration paid in cash out of funds paid
by the employer to similarly situated members of the same group or
class of employment, in payment for the member's services or for time
during which the member is excused from work because of holidays,
sick leave, vacation, compensating time off, or leave of absence.
"Payrate" for state members shall include:
(A) An amount deducted from a member's salary for any of the
following:
(i) Participation in a deferred compensation plan established
pursuant to Chapter 4 (commencing with Section 19993) of Part 2.6.
(ii) Payment for participation in a retirement plan that meets the
requirements of Section 401(k) of Title 26 of the United States
Code.
(iii) Payment into a money purchase pension plan and trust that
meets the requirements of Section 401(a) of Title 26 of the United
States Code.
(iv) Participation in a flexible benefits program.
(B) A payment in cash by the member's employer to one other than
an employee for the purpose of purchasing an annuity contract for a
member under an annuity plan that meets the requirements of Section
403(b) of Title 26 of the United States Code.
(C) Employer "pick up" of member contributions that meets the
requirements of Section 414(h)(2) of Title 26 of the United States
Code.
(D) Disability or workers' compensation payments to safety members
in accordance with Section 4800 of the Labor Code.
(E) Temporary industrial disability payments pursuant to Article 4
(commencing with Section 19869) of Chapter 2.5 of Part 2.6.
(F) Other payments the board may determine to be within "payrate."
(3) Notwithstanding subdivision (c), "special compensation" for
state members shall mean all of the following:
(A) The monetary value, as determined by the board, of living
quarters, board, lodging, fuel, laundry, and other advantages of any
nature furnished to a member by his or her employer in payment for
the member's services.
(B) Compensation for performing normally required duties, such as
holiday pay, bonuses (for duties performed on regular work shift),
educational incentive pay, maintenance and noncash payments,
out-of-class pay, marksmanship pay, hazard pay, motorcycle pay,
paramedic pay, emergency medical technician pay, Peace Officer
Standards and Training (POST) certificate pay, and split shift
differential.
(C) Compensation for uniforms, except as provided in Section
20632.
(D) Other payments the board may determine to be within "special
compensation."
(4) "Payrate" and "special compensation" for state members do not
include any of the following:
(A) The provision by the state employer of a medical or hospital
service or care plan or insurance plan for its employees (other than
the purchase of annuity contracts as described below in this
subdivision), a contribution by the employer to meet the premium or
charge for that plan, or a payment into a private fund to provide
health and welfare benefits for employees.
(B) A payment by the state employer of the employee portion of
taxes imposed by the Federal Insurance Contribution Act.
(C) Amounts not available for payment of salaries and that are
applied by the employer for the purchase of annuity contracts
including those that meet the requirements of Section 403(b) of Title
26 of the United States Code.
(D) Benefits paid pursuant to Article 5 (commencing with Section
19878) of Chapter 2.5 of Part 2.6.
(E) Employer payments that are to be credited as employee
contributions for benefits provided by this system, or employer
payments that are to be credited to employee accounts in deferred
compensation plans. The amounts deducted from a member's wages for
participation in a deferred compensation plan may not be considered
to be "employer payments."
(F) Payments for unused vacation, annual leave, personal leave,
sick leave, or compensating time off, whether paid in lump sum or
otherwise.
(G) Final settlement pay.
(H) Payments for overtime, including pay in lieu of vacation or
holiday.
(I) Compensation for additional services outside regular duties,
such as standby pay, callback pay, court duty, allowance for
automobiles, and bonuses for duties performed after the member's
regular work shift.
(J) Amounts not available for payment of salaries and that are
applied by the employer for any of the following:
(i) The purchase of a retirement plan that meets the requirements
of Section 401(k) of Title 26 of the United States Code.
(ii) Payment into a money purchase pension plan and trust that
meets the requirements of Section 401(a) of Title 26 of the United
States Code.
(K) Payments made by the employer to or on behalf of its employees
who have elected to be covered by a flexible benefits program, where
those payments reflect amounts that exceed the employee's salary.
(L) Other payments the board may determine are not "payrate" or
"special compensation."
(5) If the provisions of this subdivision, including the board's
determinations pursuant to subparagraph (F) of paragraph (2) and
subparagraph (D) of paragraph (3), are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 or 3560, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, those provisions may not become effective unless approved
by the Legislature in the annual Budget Act. No memorandum of
understanding reached pursuant to Section 3517.5 or 3560 may exclude
from the definition of either "payrate" or "special compensation" a
member's base salary payments or payments for time during which the
member is excused from work because of holidays, sick leave,
vacation, compensating time off, or leave of absence. If items of
compensation earnable are included by memorandum of understanding as
"payrate" or "special compensation" for retirement purposes for
represented and higher education employees pursuant to this
paragraph, the Department of Personnel Administration or the Trustees
of the California State University shall obtain approval from the
board for that inclusion.
(6) (A) Subparagraph (B) of paragraph (3) prescribes that
compensation earnable includes compensation for performing normally
required duties, such as holiday pay, bonuses (for duties performed
on regular work shift), educational incentive pay, maintenance and
noncash payments, out-of-class pay, marksmanship pay, hazard pay,
motorcycle pay, paramedic pay, emergency medical technician pay, POST
certificate pay, and split shift differential; and includes
compensation for uniforms, except as provided in Section 20632; and
subparagraph (I) of paragraph (4) excludes from compensation earnable
compensation for additional services outside regular duties, such as
standby pay, callback pay, court duty, allowance for automobile, and
bonuses for duties performed after regular work shift.
(B) Notwithstanding subparagraph (A), the Department of Personnel
Administration shall determine which payments and allowances that are
paid by the state employer shall be considered compensation for
retirement purposes for an employee who either is excluded from the
definition of state employee in Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service.
(C) Notwithstanding subparagraph (A), the Trustees of the
California State University shall determine which payments and
allowances that are paid by the trustees shall be considered
compensation for retirement purposes for a managerial employee, as
defined in Section 3562, or supervisory employee as defined in
Section 3580.3.
SEC. 124. Section 21150 of the Government Code is amended to read:
21150. (a) A member incapacitated for the performance of duty
shall be retired for disability pursuant to this chapter if he or she
is credited with five years of state service, regardless of age,
unless the person has elected to become subject to Section 21076 or
21077.
(b) A member subject to Section 21076 or 21077 who becomes
incapacitated for the performance of duty shall be retired for
disability pursuant to this chapter if he or she is credited with 10
years of state service, regardless of age, except that a member may
retire for disability if he or she had five years of state service
prior to January 1, 1985.
(c) For purposes of this section, "state service" includes service
to the state for which the member, pursuant to Section 20281.5, did
not receive credit.
SEC. 125. Section 21227 of the Government Code is amended to read:
21227. (a) A retired person may serve without reinstatement from
retirement or loss or interruption of benefits provided by this
system as a member of the academic staff of the California State
University, if that service does not exceed a total for all employers
of 960 hours in a fiscal year or 50 percent of the hours the member
was employed during the last fiscal year of service prior to
retirement, whichever is less.
(b) (1) This section shall not apply to a retired person otherwise
eligible to serve without reinstatement from retirement, if during
the 12-month period prior to an appointment described in this
section, that retired person receives unemployment insurance
compensation arising out of prior employment subject to this section
with the same employer.
(2) A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision
shall terminate that employment on the last day of the current pay
period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of
employment. The retired person shall not be subject to Section 21202
or subdivision (b) of Section 21220.
SEC. 126. Section 26744.5 of the Government Code is amended to
read:
26744.5. (a) The fees for processing a warrant issued pursuant to
Section 1993 of the Code of Civil Procedure shall be paid by the
moving party, as follows:
(1) Thirty dollars ($30) to receive and process the warrant,
which shall include the issuance and mailing of a notice advising the
person to be arrested of the issuance of the warrant and demanding
that the person appear in court.
(2) Twenty-eight dollars ($28) to cancel the service of the
warrant.
(3) Sixty dollars ($60) if unable to find the person at the
address specified using due diligence.
(4) Seventy-five dollars ($75) to arrest the person, which shall
include the arrest and release of the person on a promise to appear
pursuant to Section 1993.2 of the Code of Civil Procedure.
(b) The in forma pauperis fee waiver provisions under Rules 3.50
to 3.63, inclusive, of the California Rules of Court shall apply to
the collection of fees under this section.
SEC. 127. Section 31485.7 of the Government Code is amended to
read:
31485.7. (a) Notwithstanding any other provision of this chapter,
a member who elects to purchase retirement service credit under
Section 31486.3, 31486.35, 31499.3, 31499.13, 31641.1, 31641.5,
31641.55, 31646, 31652, or 31658, or under the regulations adopted by
the board pursuant to Section 31643 or 31644 shall complete that
purchase within 120 days after the effective date of his or her
retirement.
(b) This section is not operative in any county until the board of
supervisors, by resolution, makes this section applicable in the
county.
SEC. 128. Section 31485.8 of the Government Code is amended to
read:
31485.8. (a) Notwithstanding any other provision of this chapter,
a member who elects to purchase retirement service credit under
Section 31490.5, 31490.6, 31494.3, 31494.5, 31641.1, 31641.5, 31646,
31652, or 31658, or under the regulations adopted by the board
pursuant to Section 31643 or 31644 shall complete that purchase
within 120 days after the effective date of his or her retirement.
(b) This section applies only to a county of the first class, as
defined by Section 28020, as amended by Chapter 1204 of the Statutes
of 1971, and Section 28022, as amended by Chapter 43 of the Statutes
of 1961.
SEC. 129. Section 53343.1 of the Government Code is amended to
read:
53343.1. For any community facilities district formed after
January 1, 1992, the community facilities district shall prepare, if
requested by a person who resides in or owns property in the
district, within 120 days after the last day of each fiscal year, a
separate document titled an "Annual Report." The district may charge
a fee for the report not exceeding the actual costs of preparing the
report. The report shall include the following information for the
fiscal year:
(a) The amount of special taxes collected for the year.
(b) The amount of other moneys collected for the year and their
source, including interest earned.
(c) The amount of moneys expended for the year.
(d) A summary of the amount of moneys expended for the following:
(1) Facilities, including property.
(2) Services.
(3) The costs of bonded indebtedness.
(4) The costs of collecting the special tax under Section 53340.
(5) Other administrative and overhead costs.
(e) For moneys expended for facilities, including property, an
identification of the categories of each type of facility funded with
amounts expended in each category, including the total percentage of
the cost of each type of facility that was funded with bond proceeds
or special taxes.
(f) For moneys expended for services, an identification of the
categories of each type of service funded with amounts expended in
each category, including the total percentage of the cost of each
type of service that was funded with bond proceeds or special taxes.
(g) For moneys expended for other administrative costs, an
identification of each of these costs.
(h) A certification and explanation by the district of how the
moneys described in subdivisions (d), (e), (f), and (g) comply with
Section 53343.
The annual report shall contain references to the relevant
sections of the resolution of formation of the district so that
interested persons may confirm that bond proceeds and special taxes
are being used for authorized purposes. The annual report shall be
made available to the public upon request.
SEC. 130. Section 53635.8 of the Government Code is amended to
read:
53635.8. Notwithstanding Section 53601 or any other provision of
this code, a local agency, at its discretion, may invest a portion of
its surplus funds in certificates of deposit at a commercial bank,
savings bank, savings and loan association, or credit union that uses
a private sector entity that assists in the placement of
certificates of deposit, provided that the purchases of certificates
of deposit pursuant to this section, Section 53601.8, and subdivision
(h) of Section 53601 do not, in total, exceed 30 percent of the
agency's funds that may be invested for this purpose. The following
conditions shall apply:
(a) The local agency shall choose a nationally or state-chartered
commercial bank, savings bank, savings and loan association, or
credit union in this state to invest the funds, which shall be known
as the "selected" depository institution.
(b) The selected depository institution may submit the funds to a
private sector entity that assists in the placement of certificates
of deposit with one or more commercial banks, savings banks, savings
and loan associations, or credit unions that are located in the
United States, for the local agency's account.
(c) The full amount of the principal and the interest that may be
accrued during the maximum term of each certificate of deposit shall
at all times be insured by the Federal Deposit Insurance Corporation
or the National Credit Union Administration.
(d) The selected depository institution shall serve as a custodian
for each certificate of deposit that is issued with the placement
service for the local agency's account.
(e) At the same time the local agency's funds are deposited and
the certificates of deposit are issued, the selected depository
institution shall receive an amount of deposits from other commercial
banks, savings banks, savings and loan associations, or credit
unions that, in total, are equal to, or greater than, the full amount
of the principal that the local agency initially deposited through
the selected depository institution for investment.
(f) A local agency may not invest surplus funds with a selected
depository institution for placement as certificates of deposit
pursuant to this section on or after January 1, 2012. A local agency'
s surplus funds, invested pursuant to this section before January 1,
2012, may remain invested in certificates of deposit issued through a
private sector entity for the full term of each certificate of
deposit.
(g) Notwithstanding subdivisions (a) to (f), inclusive, no credit
union may act as a selected depository institution under this section
or Section 53601.8 unless both of the following conditions are
satisfied:
(1) The credit union offers federal depository insurance through
the National Credit Union Administration.
(2) The credit union is in possession of written guidance or other
written communication from the National Credit Union Administration
authorizing participation of federally insured credit unions in one
or more certificate of deposit placement services and affirming that
the moneys held by those credit unions while participating in a
deposit placement service will at all times be insured by the federal
government.
(h) It is the intent of the Legislature that nothing in this
section shall restrict competition among private sector entities that
provide placement services pursuant to this section.
SEC. 131. Section 68661 of the Government Code is amended to read:
68661. There is hereby created in the judicial branch of state
government the California Habeas Corpus Resource Center, which shall
have all of the following general powers and duties:
(a) To employ up to 34 attorneys who may be appointed by the
Supreme Court to represent any person convicted and sentenced to
death in this state who is without counsel, and who is determined by
a court of competent jurisdiction to be indigent, for the purpose of
instituting and prosecuting postconviction actions in the state and
federal courts, challenging the legality of the judgment or sentence
imposed against that person, and preparing petitions for executive
clemency. An appointment may be concurrent with the appointment of
the State Public Defender or other counsel for purposes of direct
appeal under Section 11 of Article VI of the California Constitution.
(b) To seek reimbursement for representation and expenses pursuant
to Section 3006A of Title 18 of the United States Code when
providing representation to indigent persons in the federal courts
and process those payments via the Federal Trust Fund.
(c) To work with the Supreme Court in recruiting members of the
private bar to accept death penalty habeas corpus case appointments.
(d) To establish and periodically update a roster of attorneys
qualified as counsel in postconviction proceedings in capital cases.
(e) To establish and periodically update a roster of experienced
investigators and experts who are qualified to assist counsel in
postconviction proceedings in capital cases.
(f) To employ investigators and experts as staff to provide
services to appointed counsel upon request of counsel, provided that
when the provision of those services is to private counsel under
appointment by the Supreme Court, those services shall be pursuant to
contract between appointed counsel and the center.
(g) To provide legal or other advice or, to the extent not
otherwise available, any other assistance to appointed counsel in
postconviction proceedings as is appropriate when not prohibited by
law.
(h) To develop a brief bank of pleadings and related materials on
significant, recurring issues that arise in postconviction
proceedings in capital cases and to make those briefs available to
appointed counsel.
(i) To evaluate cases and recommend assignment by the court of
appropriate attorneys.
(j) To provide assistance and case progress monitoring as needed.
(k) To timely review case billings and recommend compensation of
members of the private bar to the court.
(l) The center shall report annually to the Legislature, the
Governor, and the Supreme Court on the status of the appointment of
counsel for indigent persons in postconviction capital cases, and on
the operations of the center. On or before January 1, 2000, the
Legislative Analyst's Office shall evaluate the available reports.
SEC. 132. Section 69927 of the Government Code is amended to read:
69927. (a) It is the intent of the Legislature in enacting this
section to develop a definition of the court security component of
court operations that
modifies Function 8 of Rule 10.810 of the California Rules of Court
in a manner that will standardize billing and accounting practices
and court security plans, and identify allowable law enforcement
security costs after the operative date of this article. It is not
the intent of the Legislature to increase or decrease the
responsibility of a county for the cost of court operations, as
defined in Section 77003 or Rule 10.810 of the California Rules of
Court, as it read on January 1, 2007, for court security services
provided prior to January 1, 2003. It is the intent of the
Legislature that a sheriff's or marshal's court law enforcement
budget not be reduced as a result of this article. Any new court
security costs permitted by this article shall not be operative
unless the funding is provided by the Legislature.
(1) The Judicial Council shall adopt a rule establishing a working
group on court security. The group shall consist of six
representatives from the judicial branch of government, as selected
by the Administrative Director of the Courts, two representatives of
the counties, as selected by the California State Association of
Counties, and three representatives of the county sheriffs, as
selected by the California State Sheriffs' Association. It is the
intent of the Legislature that this working group may recommend
modifications only to the template used to determine that the
security costs submitted by the courts to the Administrative Office
of the Courts are permitted pursuant to this article. The template
shall be a part of the trial court's financial policies and
procedures manual and used in place of the definition of law
enforcement costs in Function 8 of Rule 10.810 of the California
Rules of Court. If the working group determines that there is a need
to make recommendations to the template that specifically involve law
enforcement or security personnel in courtrooms or court detention
facilities, the membership of the working group shall change and
consist of six representatives from the judicial branch of government
selected by the Administrative Director of the Courts, two
representatives of the counties selected by the California State
Association of Counties, two representatives of the county sheriffs
selected by the California State Sheriffs' Association, and two
representatives of labor selected by the California Coalition of Law
Enforcement Associations.
(2) The Judicial Council shall establish a working group on court
security to promulgate recommended uniform standards and guidelines
that may be used by the Judicial Council and any sheriff or marshal
for the implementation of trial court security services. The working
group shall consist of representatives from the judicial branch of
government, the California State Sheriffs' Association, the
California State Association of Counties, the Peace Officer's
Research Association of California, and the California Coalition of
Law Enforcement Associations, for the purpose of developing
guidelines. The Judicial Council, after requesting and receiving
recommendations from the working group on court security, shall
promulgate and implement rules, standards, and policy directions for
the trial courts in order to achieve efficiencies that will reduce
security operating costs and constrain growth in those costs.
(3) When mutually agreed to by the courts, county, and the sheriff
or marshal in any county, the costs of perimeter security in any
building that the court shares with any county agency, excluding the
sheriff's or marshal's department, shall be apportioned based on the
amount of the total noncommon square feet of space occupied by the
court and any county agency.
(4) "Allowable costs for equipment, services, and supplies," as
defined in the contract law enforcement template, means the purchase
and maintenance of security screening equipment and the costs of
ammunition, batons, bulletproof vests, handcuffs, holsters, leather
gear, chemical spray and holders, radios, radio chargers and holders,
uniforms, and one primary duty sidearm.
(5) "Allowable costs for professional support staff for court
security operations," as defined in the contract law enforcement
template, means the salary, benefits, and overtime of staff
performing support functions that, at a minimum, provide payroll,
human resources, information systems, accounting, or budgeting.
Allowable costs for professional support staff for court security
operations in each trial court shall not exceed 6 percent of total
allowable costs for law enforcement security personnel services in
courts with total allowable costs for law enforcement security
personnel services less than ten million dollars ($10,000,000) per
year. Allowable costs for professional support staff for court
security operations for each trial court shall not exceed 4 percent
of total allowable costs for law enforcement security personnel
services in courts with total allowable costs for law enforcement
security personnel services exceeding ten million dollars
($10,000,000) per year. Additional costs for services related to
court-mandated special project support, beyond those provided for in
the contract law enforcement template, are allowable only when
negotiated by the trial court and the court law enforcement provider.
Allowable costs shall not exceed actual costs of providing support
staff services for law enforcement security personnel services.
The working group established pursuant to paragraph (1) of
subdivision (a) may periodically recommend changes to the limit for
allowable costs for professional support staff for court security
operations based on surveys of actual expenditures incurred by trial
courts and the court law enforcement provider in the provision of law
enforcement security personnel services. Limits for allowable costs
as stated in this section shall remain in effect until changes are
recommended by the working group and adopted by the Judicial Council.
(6) "Allowable costs for security personnel services," as defined
in the contract law enforcement template, means the salary and
benefits of an employee, including, but not limited to, county health
and welfare, county incentive payments, deferred compensation plan
costs, FICA or Medicare, general liability premium costs, leave
balance payout commensurate with an employee's time in court security
services as a proportion of total service credit earned after
January 1, 1998, premium pay, retirement, state disability insurance,
unemployment insurance costs, workers' compensation paid to an
employee in lieu of salary, workers' compensation premiums of
supervisory security personnel through the rank of captain, line
personnel, inclusive of deputies, court attendants, contractual law
enforcement services, prisoner escorts within the courts, and weapons
screening personnel, court required training, and overtime and
related benefits of law enforcement supervisory and line personnel.
(A) The Administrative Office of the Courts shall use the actual
salary and benefits costs approved for court law enforcement
personnel as of June 30 of each year in determining the funding
request that will be presented to the Department of Finance.
(B) Courts and court security providers shall manage their
resources to minimize the use of overtime.
(7) "Allowable costs for vehicle use for court security needs," as
defined in the contract law enforcement template, means the per-mile
recovery cost for vehicles used in rendering court law enforcement
services, exclusive of prisoner or detainee transport to or from
court. The standard mileage rate applied against the miles driven for
the above shall be the standard reimbursable mileage rate in effect
for judicial officers and employees at the time of contract
development.
(b) Nothing in this article may increase a county's obligation or
require any county to assume the responsibility for a cost of any
service that was defined as a court operation cost, as defined by
Function 8 of Rule 10.810 of the California Rules of Court, as it
read on January 1, 2007, or that meets the definition of any new law
enforcement component developed pursuant to this article.
SEC. 133. Section 70311 of the Government Code is amended to read:
70311. (a) Commencing July 1, 1997, and each year thereafter, no
county or city and county is responsible to provide funding for
"court operations," as defined in Section 77003 and Rule 10.810 of
the California Rules of Court, as it read on January 1, 2007.
(b) Except as provided in Section 70312, commencing as of July 1,
1996, and each year thereafter, each county or city and county shall
be responsible for providing necessary and suitable facilities for
judicial and court support positions created prior to July 1, 1996.
In determining whether facilities are necessary and suitable, the
reasonable needs of the court and the fiscal condition of the county
or city and county shall be taken into consideration.
(c) If a county or city and county fails to provide necessary and
suitable facilities as described in subdivision (b), the court shall
give notice of a specific deficiency. If the county or city and
county then fails to provide necessary and suitable facilities
pursuant to this section, the court may direct the appropriate
officers of the county or city and county to provide the necessary
and suitable facilities. The expenses incurred, certified by the
judges to be correct, are a charge against the county or city and
county treasury and shall be paid out of the general fund.
(d) Prior to the construction of new court facilities or the
alteration, remodeling, or relocation of existing court facilities, a
county or city and county shall solicit the review and comment of
the judges of the court affected regarding the adequacy and standard
of design, and that review and comment shall not be disregarded
without reasonable grounds.
(e) Any reference in the statutes enacted prior to January 1,
2003, that refers to Section 68073 shall be deemed to refer to this
section.
SEC. 134. Section 70359 of the Government Code is amended to read:
70359. (a) Court facilities rental or leasing, except to the
extent included as a court operation in Rule 10.810 of the California
Rules of Court, shall be included in the county facilities payment
using as the initial amount the annual amount for the lease for the
fiscal year of the date of transfer of those court facilities to the
state.
(b) The amount computed under subdivision (a) shall be adjusted
annually for each remaining year in the lease to reflect the changed
annualized amount for the lease for each year remaining on the lease.
A lease amount in the final year of any lease entered into or
renewed on or after October 2, 2001, shall represent a good faith
relationship to the fair market value of the facilities either at the
time of the making of the lease or the time of determination of the
final year lease amount.
(c) The adjustment of the amount pursuant to subdivision (b) shall
not permit either the county or the Judicial Council to appeal the
county facilities payment amount under Section 70366 or 70367, except
as to any issues directly related to the adjustment made by
subdivision (b).
(d) The amount of any lease included in the county facilities
payment amount shall, unless otherwise agreed to by the
Administrative Director of the Courts and the county, be paid by the
county from the county's courthouse construction fund, if the lease
was originally entered into prior to July 1, 2002, and to the extent
the lease was funded in whole or in part by the courthouse
construction fund prior to July 1, 2002. The length of time payment
that may be made from the courthouse construction fund is to be
calculated by the length of the lease entered into before July 1,
2002, plus any one renewal or extension of not more than five years
entered into on or after July 2, 2002. The Administrative Director of
the Courts may agree to a longer time for payment from the
courthouse construction fund.
SEC. 135. Section 70640 of the Government Code is amended to read:
70640. (a) It is the policy of the state that each court shall
endeavor to provide a children's waiting room in each courthouse for
children whose parents or guardians are attending a court hearing as
a litigant, witness, or for other court purposes as determined by the
court. To defray that expense, monthly allocations for children's
waiting rooms shall be added to the monthly apportionment under
subdivision (a) of Section 68085 for each court where a children's
waiting room has been established or where the court has elected to
establish that service.
(b) The amount allocated to each court under this section shall be
equal to the following: for each first paper filing fee as provided
under Section 70611, 70612, 70613, 70614, or 70670, and each first
paper or petition filing fee in a probate matter as provided under
Section 70650, 70651, 70652, 70653, 70654, 70655, 70656, or 70658,
the same amount as was required to be collected as of December 31,
2005, to the Children's Waiting Room Fund under former Section
26826.3 in the county in which the court is located when a fee was
collected for the filing of a first paper in a civil action under
former Section 26820.4.
(c) Notwithstanding any other provision of law, the court may make
expenditures from these allocations in payment of any cost,
excluding capital outlay, related to the establishment and
maintenance of the children's waiting room, including personnel,
heat, light, telephone, security, rental of space, furnishings, toys,
books, or any other item in connection with the operation of a
children's waiting room.
(d) If, as of January 1, 2006, there is a Children's Waiting Room
Fund in the county treasury established under former Section 26826.3,
the county immediately shall transfer the moneys in that fund to the
court's operations fund as a restricted fund. By February 15, 2006,
the county shall provide an accounting of the fund to the
Administrative Office of the Courts.
(e) After January 1, 2006, the court may apply to the Judicial
Council for an adjustment of the amount distributed to the fund for
each uniform filing fee. A court that wishes to establish a children'
s waiting room, and does not yet have a distribution under this
section, may apply to the Judicial Council for a distribution.
Applications under this subdivision shall be made according to trial
court financial policies and procedures authorized by the Judicial
Council under subdivision (a) of Section 77206. Adjustments and new
distributions shall be effective January 1 or July 1 of any year
beginning January 1, 2006.
(f) The distribution to a court under this section per each filing
fee shall be not less than two dollars ($2) and not more than five
dollars ($5).
SEC. 136. Section 71601 of the Government Code is amended to read:
71601. For purposes of this chapter, the following definitions
shall apply:
(a) "Appointment" means the offer to and acceptance by a person of
a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
(b) "Employee organization" means either of the following:
(1) Any organization that includes trial court employees and has
as one of its primary purposes representing those employees in their
relations with that trial court.
(2) Any organization that seeks to represent trial court employees
in their relations with that trial court.
(c) "Hiring" means appointment as defined in subdivision (a).
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The process
should include adequate time for the resolution of impasses where
specific procedures for resolution are contained in this chapter or
in a local rule, or when the procedures are utilized by mutual
consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
(h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under former Rules 2201 to 2210, inclusive, of the California
Rules of Court, as those rules read on April 23, 1997, Sections 70210
to 70219, inclusive, or Article 3 (commencing with Section 71630).
(i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, referee, traffic
referee, juvenile referee, and judge pro tempore.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means a superior court.
() "Trial court employee" means a person who is both of the
following:
(1) Paid from the trial court's budget, regardless of the funding
source. For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
(2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
(m) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision () are true irrespective of job
classification or whether the functions performed by that person are
identified in Rule 10.810 of the California Rules of Court. "Trial
court employee" includes those subordinate judicial officers who
satisfy paragraphs (1) and (2) of subdivision (). The phrase "trial
court employee" does not include temporary employees hired through
agencies, jurors, individuals hired by the trial court pursuant to an
independent contractor agreement, individuals for whom the county or
trial court reports income to the Internal Revenue Service on a Form
1099 and does not withhold employment taxes, sheriffs, and judges
whether elected or appointed. Any temporary employee, whether hired
through an agency or not, shall not be employed in the trial court
for a period exceeding 180 calendar days, except that for court
reporters in a county of the first class, a trial court and a
recognized employee organization may provide otherwise by mutual
agreement in a memorandum of understanding or other agreement.
SEC. 137. Section 71615 of the Government Code is amended to read:
71615. (a) Except as provided in subdivision (b), the effective
date of this section shall be January 1, 2004.
(b) Representatives of a trial court and representatives of
recognized employee organizations may mutually agree to an
implementation date of this section later than January 1, 2004.
However, if any provisions of this chapter are governed by an
existing memorandum of understanding or agreement covering trial
court employees, as to those provisions the implementation date shall
be either the date a successor memorandum of understanding or
agreement is effective or, if no agreement for a successor memorandum
of understanding or agreement is reached, 90 days from the date of
the expiration of the predecessor memorandum of understanding or
agreement, unless representatives of the trial court and
representatives of recognized employee organizations mutually agree
otherwise.
(c) As of the implementation date of this chapter, all of the
following shall apply:
(1) All persons who meet the definition of trial court employee
shall become trial court employees at their existing or equivalent
classifications.
(2) Employment seniority of a trial court employee, as calculated
and used under the system in effect prior to the implementation of
this act, shall be calculated and used in the same manner by the
trial court.
(3) A trial court employee shall have the same status he or she
had as a probationary, permanent, or regular employee under the
system in effect prior to January 1, 2004. A probationary employee
shall not be required to serve a new probationary period and shall
continue the existing probationary period under the terms of hire.
(4) Subject to the agreement of the county, and unless prohibited
or limited by charter provisions, the policies regarding transfer
between the trial court and the county that are in place as of
January 1, 2004, shall be continued while an existing memorandum of
understanding or agreement remains in effect or for two years,
whichever is longer, and any further rights of trial court employees
to transfer between the trial court and the county shall be subject
to the obligation to meet and confer in good faith at the local level
between representatives of the trial court and representatives of
recognized employee organizations and local negotiation between the
trial court and the county. Subject to the agreement of the county,
and unless prohibited or limited by charter provisions, the policies
regarding the portability of seniority, accrued leave credits, and
leave accrual rates that are in effect January 1, 2004, shall be
continued if trial court or county employees transfer between the
trial court and the county or the county and the trial court while an
existing memorandum of understanding or agreement remains in effect,
or for a period of two years, whichever is longer. Any further right
of trial court employees to portability is subject to the obligation
to meet and confer in good faith between representatives of the
trial court and representatives of recognized employee organizations
and local negotiation between the trial court and the county.
(5) Each trial court shall be deemed the successor employer of all
trial court employees in the county in which the trial court is
located.
(d) In establishing local personnel structures for trial court
employees in accordance with this chapter, the trial court shall
comply with contractual obligations, and consideration shall be given
to minimizing disruption of the trial court workforce and protecting
the rights accrued by trial court employees under their current
systems. However, prior contractual obligations and rights may be
reconsidered subject to the obligation to meet and confer in good
faith, provided both parties give consideration to past contractual
obligations and rights.
(e) Unrepresented trial court employees are governed by a trial
court's personnel policies, procedures, and plans. The implementation
of this section may not be a cause for changing a trial court's
personnel policies, procedures, and plans applicable to unrepresented
trial court employees except where required to bring those policies,
procedures, and plans into conformity with this chapter. Except as
otherwise expressly provided in this section, a trial court retains
all existing rights with respect to revising its personnel policies,
procedures, and plans as applied to unrepresented trial court
employees.
(f) Upon implementation of this section in a trial court, Sections
68650 to 68655, inclusive, and Rules 10.650 to 10.659, inclusive, of
the California Rules of Court, shall be inoperative as to that trial
court.
(g) Notwithstanding paragraph (4) of subdivision (c), both of the
following shall apply:
(1) Unless prohibited or limited by charter provisions, the
policies regarding transfer between either the trial court and the
county or the county and the trial court that were in effect as of
January 1, 2001, shall be continued while an existing memorandum of
understanding or agreement remains in effect or until January 1,
2005, whichever period is longer. Thereafter, any rights of trial
court employees to transfer between the trial court and the county
shall be subject to the obligation to meet and confer in good faith
at the local level between representatives of the trial court and
representatives of recognized employee organizations, and local
negotiation between the trial court and the county.
(2) Unless prohibited or limited by charter provisions, the
policies regarding the portability of seniority, accrued leave
credits, and leave accrual rates that were in effect on January 1,
2001, shall be continued if trial court or county employees transfer
between either the trial court and the county or the county and the
trial court while an existing memorandum of understanding or
agreement remains in effect, or until January 1, 2005, whichever
period is longer. Thereafter, any right of trial court employees to
portability is subject to the obligation to meet and confer in good
faith between representatives of the trial court and representatives
of recognized employee organizations and local negotiation between
the trial court and the county.
SEC. 138. Section 71639 of the Government Code is amended to read:
71639. (a) As of the implementation date of this chapter, an
employee organization that is recognized as a representative of a
group of trial court employees or the exclusive representative of an
established bargaining unit of trial court employees, either by the
county or the trial court, shall continue to be recognized by the
trial court as a
representative or the exclusive representative of the same trial
court employees. A trial court and recognized employee organization
shall be bound by the terms of any memorandum of understanding or
agreement covering trial court employees to which the trial court or
the county is a party that is in effect on the implementation date of
this chapter for the duration thereof, or until it expires and,
consistent with law, is replaced by a successor memorandum of
understanding or agreement, subject to the obligation to meet and
confer in good faith. Upon expiration of a memorandum of
understanding or agreement, the trial court shall meet and confer in
good faith with recognized employee organizations.
(b) A trial court's local rules governing trial court employees
and a trial court's personnel rules, policies, and practices, and any
county rules in effect pursuant to former Rule 2205 of the
California Rules of Court as adopted on April 23, 1997, in effect at
the time of the implementation date of this chapter, to the extent
they are not contrary to or inconsistent with the obligations and
duties provided for in this article, shall continue in effect until
changed by the trial court. Prior to changing any rule, policy, or
practice that affects any matter within the scope of representation
as set forth in this article, the court shall meet and confer in good
faith with the recognized employee organization as provided for in
this chapter.
(c) Nothing contained in this article is intended to preclude
trial court employees from continuing to be included in
representation units which contain county employees.
SEC. 139. Section 71675 of the Government Code is amended to read:
71675. (a) Any trial court may adopt a procedure to be used as a
preliminary step before petitioning the superior court for relief
pursuant to subdivision (b) in matters concerning the release of
information by that trial court. The Judicial Council may adopt a
procedure to be used as a preliminary step before petitioning the
superior court for relief pursuant to subdivision (b) in matters
concerning the release of information by the Judicial Council.
(b) Notwithstanding Sections 1085 and 1003 of the Code of Civil
Procedure requiring the issuance of a writ to an inferior tribunal,
in the event that a trial court employee, an employee organization,
or a member of the public believes there has been a violation of Rule
10.802 of the California Rules of Court concerning the maintenance
of, and public access to, budget and management information
concerning the Judicial Council or the trial courts, that party may
petition the superior court for relief.
(c) The Judicial Council shall adopt rules of court to implement
this hearing and appeal process. The rules of court shall provide a
mechanism for the establishment of a panel of court of appeal
justices who shall be qualified to hear these matters, as specified
in the rules of court, from which panel a single justice shall be
assigned to hear the matter in the superior court. The rules of court
shall provide that these matters shall be heard in the superior
court, and, if applicable, the court of appeal, on an expedited
basis. To the extent permitted by law or rule of court, these rules
shall provide that the justice assigned to hear the matter shall not
be from the court of appeal district in which the action is filed,
and shall provide that appeals in these matters shall be heard in the
court of appeal district where the matter was filed.
SEC. 140. Section 77003 of the Government Code is amended to read:
77003. (a) As used in this chapter, "court operations" means all
of the following:
(1) Salaries, benefits, and public agency retirement contributions
for superior court judges and for subordinate judicial officers. For
purposes of this paragraph, "subordinate judicial officers" includes
all commissioner or referee positions created prior to July 1, 1997,
including positions created in the municipal court prior to July 1,
1997, which thereafter became positions in the superior court as a
result of unification of the municipal and superior courts in a
county, and including those commissioner positions created pursuant
to former Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794,
74841.5, and 74908; and includes any staff who provide direct support
to commissioners; but does not include commissioners or staff who
provide direct support to the commissioners whose positions were
created after July 1, 1997, unless approved by the Judicial Council,
subject to availability of funding.
(2) The salary, benefits, and public agency retirement
contributions for other court staff.
(3) Those marshals and sheriffs as the court deems necessary for
court operations.
(4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
(5) Services and supplies relating to court operations.
(6) Collective bargaining under Sections 71630 and 71639.3 with
respect to court employees.
(7) Subject to paragraph (1) of subdivision (d) of Section 77212,
actual indirect costs for county and city and county general services
attributable to court operations, but specifically excluding, but
not limited to, law library operations conducted by a trust pursuant
to statute; courthouse construction; district attorney services;
probation services; indigent criminal defense; grand jury expenses
and operations; and pretrial release services.
(8) Except as provided in subdivision (b), other matters listed as
court operations in Rule 10.810 of the California Rules of Court as
it read on January 1, 2007.
(b) However, "court operations" does not include collection
enhancements as defined in Rule 10.810 of the California Rules of
Court as it read on January 1, 2007.
SEC. 141. Section 77009 of the Government Code is amended to read:
77009. (a) The Judicial Council may establish bank accounts for
the superior courts and require the courts to deposit moneys for
trial court operations, and any other moneys under the control of the
courts, into those accounts. Deposits to these accounts shall
include, but are not limited to, the following:
(1) Moneys appropriated in the Budget Act and allocated or
reallocated to the superior court by the Judicial Council.
(2) Moneys held in trust.
(3) Other moneys as deemed necessary or appropriate.
(b) Subdivision (a) shall not apply to payments from a party or a
defendant received by the superior court for any criminal fees,
fines, or forfeitures. However, the court and county may enter into a
contract for the court to provide depository services in an account
established by the Judicial Council for criminal fees, fines, and
forfeitures, with the approval of the Administrative Director of the
Courts. The contract shall identify the scope of service, method of
service delivery, term of agreement, anticipated service outcomes,
and the cost of the service. The amount of any indirect or overhead
costs shall be individually stated with the method of calculation of
the indirect or overhead costs.
(c) Moneys deposited into a bank account established pursuant to
subdivision (a) for the Trial Court Operations Fund that are
appropriated in the Budget Act and allocated or reallocated to the
superior court by the Judicial Council shall be payable only for the
purposes set forth in Sections 77003 and 77006.5, and for services
purchased by the court pursuant to subdivisions (b) and (c) of
Section 77212.
(d) (1) All moneys received by a superior court from any source
for court operating and program purposes shall be deposited into a
bank account established pursuant to subdivision (a) and accounted
for in the Trial Court Operations Fund. Moneys that are received to
fulfill the requirements of Article 4 (commencing with Section 4250)
of Chapter 2 of Part 2 of Division 9 and Division 14 (commencing with
Section 10000) of the Family Code shall be identified and maintained
in a separate account established in the fund for this purpose.
(2) All other moneys deposited into a bank account established
pursuant to subdivision (a) and accounted for in the Trial Court
Operations Fund that are received for purposes other than court
operations, as defined in Section 77003 and Rule 10.810 of the
California Rules of Court, shall be identified and maintained in
separate accounts in the fund.
(3) This subdivision shall not apply to either of the following:
(A) Moneys received by the courts pursuant to paragraph (2) of
subdivision (a) of this section and Section 68084, if those moneys
are not for court operating or program purposes.
(B) Payments from a party or a defendant received by the county
for any fees, fines, or forfeitures; moneys collected by the superior
court under Chapter 5.8 (commencing with Section 70600); or fees and
fines to which Section 68085.1 applies.
(e) The presiding judge of the superior court, or his or her
designee, shall authorize and direct all expenditures by the court
for operating and program purposes from any account established under
subdivision (b) or (c).
(f) The Judicial Council, in consultation with the Controller's
office, shall establish procedures to implement this section and to
provide for payment of trial court operations expenses, as described
in Sections 77003 and 77006.5, incurred on July 1, 1997, and
thereafter.
(g) (1) If the Judicial Council has not established bank accounts
pursuant to subdivision (a), the court shall contract with the county
for fiscal services. Each board of supervisors shall maintain in the
county treasury a Trial Court Operations Fund, which will operate as
an agency fund. All moneys appropriated in the Budget Act and
allocated and reallocated to the superior court in the county by the
Judicial Council shall be deposited into the fund.
(2) Moneys deposited into the fund that are appropriated for the
Trial Court Operations Fund in the Budget Act and allocated or
reallocated to the superior court by the Judicial Council shall be
payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of the
superior court, or his or her designee, shall authorize and direct
expenditures from the fund and the county auditor-controller shall
make payments from the funds as directed. Approval of the board of
supervisors is not required for expenditure from this fund.
(3) All moneys received by a superior court from any source for
court operating and program purposes shall be deposited in the fund,
except as provided in this subdivision. Moneys that are received to
fulfill the requirements of Article 4 (commencing with Section 4250)
of Chapter 2 of Part 2 of Division 9 and Division 14 (commencing with
Section 10000) of the Family Code shall be identified and maintained
in a separate account established in the fund for this purpose. All
other moneys that are received for purposes other than court
operations, as defined in Section 77003 and Rule 10.810 of the
California Rules of Court, shall be identified and maintained in one
or more separate accounts established in the fund pursuant to
procedures adopted by the Judicial Council. This subdivision shall
only apply to moneys received by the courts for operating and program
purposes. This subdivision shall not apply to either of the
following:
(A) Moneys received by the courts pursuant to Section 68084, if
those funds are not for court operating or program purposes.
(B) Payments from a party or a defendant received by the county
for any fees, fines, or forfeitures; moneys collected by the superior
court under Chapter 5.8 (commencing with Section 70600); or fees and
fines to which Section 68085.1 applies.
(4) Interest received by a county that is attributable to
investment of moneys, which interest is required by this subdivision
to be deposited in the superior court's fund, shall be deposited in
the fund and shall be used for trial court operations purposes.
(5) In no event shall interest be charged to the superior court's
fund, except as provided in Section 77009.1.
(6) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to the
superior court.
(7) A county, or city and county, may bill the superior court
within its jurisdiction for costs for services provided by the
county, or city and county, as described in Sections 77003 and 77212,
including indirect costs as described in paragraph (7) of
subdivision (a) of Section 77003 and Section 77212. The costs billed
by the county, or the city and the county, pursuant to this
subdivision shall not exceed the costs incurred by the county, or the
city and the county, of providing similar services to county
departments or special districts.
(8) Pursuant to Section 77206, the Controller, at the request of
the Legislature, may perform financial and fiscal compliance audits
of this fund. The Judicial Council or its representatives may perform
audits, reviews, and investigations of this fund wherever the
records may be located.
(h) The Judicial Council or its representatives may perform
audits, reviews, and investigations of superior court operations and
records wherever they may be located.
SEC. 142. Section 77200 of the Government Code is amended to read:
77200. On and after July 1, 1997, the state shall assume sole
responsibility for the funding of court operations, as defined in
Section 77003 and Rule 10.810 of the California Rules of Court as it
read on January 1, 2007. In meeting this responsibility, the state
shall do all of the following:
(a) Deposit in the State Trial Court Trust Fund, for subsequent
allocation to or for the trial courts, all county funds remitted to
the state pursuant to Section 77201 until June 30, 1998, and pursuant
to Section 77201.1, thereafter.
(b) Be responsible for the cost of court operations incurred by
the trial courts in the 1997-98 fiscal year and subsequent fiscal
years.
(c) Allocate funds to the individual trial courts pursuant to an
allocation schedule adopted by the Judicial Council, but in no case
shall the amount allocated to the trial court in a county be less
than the amount remitted to the state by the county in which that
court is located pursuant to paragraphs (1) and (2) of subdivision
(b) of Section 77201 until June 30, 1998, and pursuant to paragraphs
(1) and (2) of subdivision (b) of Section 77201.1, thereafter.
(d) The Judicial Council shall submit its allocation schedule to
the Controller at least five days before the due date of any
allocation.
SEC. 143. Section 77201 of the Government Code, as added by
Section 7 of Chapter 146 of the Statutes of 1998, is repealed.
SEC. 144. Section 77201 of the Government Code, as amended by
Section 1 of Chapter 671 of the Statutes of 2000, is amended to read:
77201. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
(b) In the 1997-98 fiscal year, each county shall remit to the
state in installments due on January 1, April 1, and June 30, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda..................... $ 42,045,093
Alpine...................... 46,044
Amador...................... 900,196
Butte....................... 2,604,611
Calaveras................... 420,893
Colusa...................... 309,009
Contra Costa................ 21,634,450
Del Norte................... 780,786
El Dorado................... 3,888,927
Fresno...................... 13,355,025
Glenn....................... 371,607
Humboldt.................... 2,437,196
Imperial.................... 2,055,173
Inyo........................ 546,508
Kern........................ 16,669,917
Kings....................... 2,594,901
Lake........................ 975,311
Lassen...................... 517,921
Los Angeles................. 291,872,379
Madera...................... 1,242,968
Marin....................... 6,837,518
Mariposa.................... 177,880
Mendocino................... 1,739,605
Merced...................... 1,363,409
Modoc....................... 114,249
Mono........................ 271,021
Monterey.................... 5,739,655
Napa........................ 2,866,986
Nevada...................... 815,130
Orange...................... 76,567,372
Placer...................... 6,450,175
Plumas...................... 413,368
Riverside................... 32,524,412
Sacramento.................. 40,692,954
San Benito.................. 460,552
San Bernardino.............. 31,516,134
San Diego................... 77,637,904
San Francisco............... 31,142,353
San Joaquin................. 9,102,834
San Luis Obispo............. 6,840,067
San Mateo................... 20,383,643
Santa Barbara............... 10,604,431
Santa Clara................. 49,876,177
Santa Cruz.................. 6,449,104
Shasta...................... 3,369,017
Sierra...................... 40,477
Siskiyou.................... 478,144
Solano...................... 10,780,179
Sonoma...................... 9,273,174
Stanislaus.................. 8,320,727
Sutter...................... 1,718,287
Tehama...................... 1,352,370
Trinity..................... 620,990
Tulare...................... 6,981,681
Tuolumne.................... 1,080,723
Ventura..................... 16,721,157
Yolo........................ 2,564,985
Yuba........................ 842,240
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:
Jurisdiction Amount
Alameda......................... $12,769,882
Alpine.......................... 58,757
Amador.......................... 377,005
Butte........................... 1,437,671
Calaveras....................... 418,558
Colusa.......................... 485,040
Contra Costa.................... 6,138,742
Del Norte....................... 235,438
El Dorado....................... 1,217,093
Fresno.......................... 4,505,786
Glenn........................... 455,389
Humboldt........................ 1,161,745
Imperial........................ 1,350,760
Inyo............................ 878,321
Kern............................ 6,688,247
Kings........................... 1,115,601
Lake............................ 424,070
Lassen.......................... 513,445
Los Angeles..................... 89,771,310
Madera.......................... 1,207,998
Marin........................... 2,700,045
Mariposa........................ 135,457
Mendocino....................... 948,837
Merced.......................... 2,093,355
Modoc........................... 122,156
Mono............................ 415,136
Monterey........................ 3,855,457
Napa............................ 874,219
Nevada.......................... 1,378,796
Orange.......................... 24,830,542
Placer.......................... 2,182,230
Plumas.......................... 225,080
Riverside....................... 13,328,445
Sacramento...................... 7,548,829
San Benito...................... 346,451
San Bernardino.................. 11,694,120
San Diego....................... 21,410,586
San Francisco................... 5,925,950
San Joaquin..................... 4,753,688
San Luis Obispo................. 2,573,968
San Mateo....................... 7,124,638
Santa Barbara................... 4,094,288
Santa Clara..................... 15,561,983
Santa Cruz...................... 2,267,327
Shasta.......................... 1,198,773
Sierra.......................... 46,778
Siskiyou........................ 801,329
Solano.......................... 3,757,059
Sonoma.......................... 2,851,883
Stanislaus...................... 2,669,045
Sutter.......................... 802,574
Tehama.......................... 761,188
Trinity......................... 137,087
Tulare.......................... 2,299,167
Tuolumne........................ 440,496
Ventura......................... 6,129,411
Yolo............................ 1,516,065
Yuba............................ 402,077
(3) The installment due on January 1 shall be for 25 percent of
the amounts specified in paragraphs (1) and (2). The installments due
on April 1 and June 30 shall be prorated uniformly to reflect any
adjustments made by the Department of Finance, as provided in this
section. If no adjustment is made by April 1, 1998, the April 1,
1998, installment shall be for 15 percent of the amounts specified in
paragraphs (1) and (2). If no adjustment is made by June 30, 1998,
the June 30, 1998, installment shall be for the balance of the
amounts specified in paragraphs (1) and (2).
(4) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) by an equal amount. Nothing in this
paragraph is intended to limit judicial sentencing discretion.
(c) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) that a county is required to submit
to the state, pursuant to the following:
(1) A county shall submit a declaration to the Department of
Finance, no later than February 15, 1998, that the amount it is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) either includes or does not include the costs for
local judicial benefits which are court operation costs as defined in
Section 77003 and Rule 10.810 of the California Rules of Court. The
trial courts in a county that submits such a declaration shall be
given a copy of the declaration and the opportunity to comment on the
validity of the statements in the declaration. The Department of
Finance shall verify the facts in the county's declaration and
comments, if any. Upon verification that the amount the county is
required to submit to the state includes the costs of local judicial
benefits, the department shall reduce on or before June 30, 1998, the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) by an amount equal to the cost of
those judicial benefits, in which case the county shall continue to
be responsible for the cost of those benefits. If a county disagrees
with the Department of Finance's failure to verify the facts in the
county's declaration and reduce the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b), the
county may request that the Controller conduct an audit to verify
the facts in the county's declaration. The Controller shall conduct
the requested audit which shall be at the requesting county's
expense. If the Controller's audit verifies the facts in the county's
declaration, the department shall reduce the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) by an amount equal to the amount verified by the
Controller's audit and the state shall reimburse the requesting
county for the cost of the audit.
(d) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) of Section 77201.1 that a county is
required to submit to the state, pursuant to the following
procedures:
(1) A county may submit a declaration to the Department of
Finance, no later than February 15, 1998, that declares that (A) the
county incorrectly reported county costs as court operations costs as
defined in Section 77003 in the 1994-95 fiscal year, and that
incorrect report resulted in the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b)
being too high, (B) the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) includes
amounts that were specifically appropriated, funded, and expended by
a county or city and county during the 1994-95 fiscal year to fund
extraordinary one-time expenditures for court operation costs, or (C)
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) includes expenses that were funded
from grants or subventions from any source, for court operation costs
that could not have been funded without those grants or subventions
being available. A county submitting that declaration shall
concurrently transmit a copy of the declaration to the trial courts
of that county. The trial courts in a county that submits that
declaration shall have the opportunity to comment to the Department
of Finance on the validity of the statements in the declaration. Upon
receipt of the declaration and comments, if any, the Department of
Finance shall determine and certify which costs identified in the
county's declaration were incorrectly reported as court operation
costs or were expended for extraordinary one-time expenditures or
funded from grants or subventions in the 1994-95 fiscal year. The
Department of Finance shall reduce the
amount a county must submit to the state pursuant to
paragraph (1) of subdivision (b) of Section 77201.1 by an amount
equal to the amount the department certifies was incorrectly reported
as court operations costs or were expended for extraordinary
one-time expense or funded from grants or subventions in the 1994-95
fiscal year. If a county disagrees with the Department of Finance's
failure to verify the facts in the county's declaration and reduce
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) of Section 77201.1, the county may
request that the Controller conduct an audit to verify the facts in
the county's declaration. The Controller shall conduct the requested
audit, which shall be at the requesting county's expense. If the
Controller's audit verifies the facts in the county's declaration,
the department shall reduce the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b) of
Section 77201.1 by an amount equal to the amount verified by the
Controller's audit and the state shall reimburse the requesting
county for the cost of the audit. A county shall provide, at no
charge to the court, any service for which the amount in paragraph
(1) of subdivision (b) of Section 77201.1 was adjusted downward, if
the county is required to provide that service at no cost to the
court by any other provision of law.
(2) A court may submit a declaration to the Department of Finance,
no later than February 15, 1998, that the county failed to report
county costs as court operations costs as defined in Section 77003 in
the 1994-95 fiscal year, and that this failure resulted in the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) being too low. A court submitting
that declaration shall concurrently transmit a copy of the
declaration to the county. A county shall have the opportunity to
comment to the Department of Finance on the validity of statements in
the declaration and comments, if any. Upon receipt of the
declaration, the Department of Finance shall determine and certify
which costs identified in the court's declaration should have been
reported by the county as court operation costs in the 1994-95 fiscal
year and whether this failure resulted in the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) being too low. The Department of Finance shall notify
the county, the trial courts in the county, and the Judicial Council
of its certification and decision. Within 30 days, the county shall
either notify the Department of Finance, trial courts in the county,
and the Judicial Council that the county shall assume responsibility
for the costs the county has failed to report, or that the department
shall increase the amount the county is required to submit to the
state pursuant to paragraph (1) of subdivision (b) of Section 77201.1
by an amount equal to the amount certified by the department. A
county shall not be required to continue to provide services for
which the amount in paragraph (1) of subdivision (b) of Section
77201.1 was adjusted upward.
(e) The Legislature hereby finds and declares that to ensure an
orderly transition to state trial court funding, it is necessary to
delay the adjustments to county obligation payments provided for by
Article 3 (commencing with Section 77200) of Chapter 13 of Title 8,
as added by Chapter 850 of the Statutes of 1997, until the 1998-99
fiscal year. The Legislature also finds and declares that since
increase adjustments to the county obligation amounts will not take
effect in the 1997-98 fiscal year, county charges for those services
related to the increase adjustments shall not occur in the 1997-98
fiscal year. It is recognized that the counties have an obligation to
provide, and the trial courts have an obligation to pay, for
services provided by the county pursuant to Section 77212. In the
1997-98 fiscal year, the counties shall charge for, and the courts
shall pay, these obligations consistent with paragraphs (1) and (2).
(1) For the 1997-98 fiscal year, a county shall reduce the charges
to a court for those services for which the amount in paragraph (1)
of subdivision (b) of Section 77201.1 is adjusted upward, by an
amount equal to the lesser of the following:
(A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
(B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
(2) For the 1997-98 fiscal year, any funds paid out of the trial
court operations fund established pursuant to Section 77009 during
the 1997-98 fiscal year to pay for those services for which there was
an upward adjustment, shall be returned to the trial court
operations fund in the amount equal to the lesser of the following:
(A) The amount of the increase adjustment certified by the
department pursuant to paragraph (2) of subdivision (d).
(B) The difference between the actual amount charged and paid for
from the trial court operations fund, and the amount charged in the
1994-95 fiscal year.
(3) The Judicial Council shall reduce the allocation to the courts
by an amount equal to the amount of any increase adjustment
certified by the Department of Finance, if the cost of those services
was used in determining the Judicial Council's allocation of funding
for the 1997-98 fiscal year.
(4) In the event the charges are not reduced as provided in
paragraph (1) or the funds are not returned to the trial court
operations fund as provided in paragraph (2), the trial court
operations fund shall be refunded for the 1998-99 fiscal year. Funds
provided to the trial court operations fund pursuant to this
paragraph shall be available to the trial courts to meet financial
obligations incurred during the 1997-98 fiscal year. To the extent
that a trial court receives total resources for trial court funding
from the county and the state for the 1997-98 fiscal year that
exceeded the amount of the allocation approved by the Judicial
Council by November 30, 1997, these amounts shall be available for
expenditure in the 1998-99 fiscal year and the Judicial Council shall
reduce the 1998-99 fiscal year allocation of the court by an equal
amount.
(f) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(g) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of Division of Juvenile Justice charges.
(h) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
(i) On or before February 15, 1998, each county shall submit to
the Department of Finance a report of the amount it expended for
trial court operations as defined in Section 77003 and Rule 10.810 of
the California Rules of Court as it read on January 1, 2007, between
the start of the 1997-98 fiscal year and the effective date of this
section. The department shall reduce the amount a county is required
to remit to the state pursuant to paragraph (1) of subdivision (b) in
the 1997-98 fiscal year by an amount equal to the amount a county
expended for court operation costs between the start of the 1997-98
fiscal year and the effective date of this section. The department
shall also reduce the amount a county is required to remit to the
state pursuant to paragraph (2) of subdivision (b) in the 1997-98
fiscal year by an amount equal to the amount of fine and forfeiture
revenue that a county remitted to the state between the start of the
1997-98 fiscal year and the effective date of this section. The
department shall notify the county, the trial courts of the county,
and the Judicial Council of the amount it has reduced a county's
obligation to remit to the state pursuant to this subdivision.
SEC. 145. Section 77201.1 of the Government Code is amended to
read:
77201.1. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 10.810 of the California Rules of Court as it read on
January 1, 2007.
(b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and May 1, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda..................... $ 22,509,905
Alpine...................... -
Amador...................... -
Butte....................... -
Calaveras................... -
Colusa...................... -
Contra Costa.......... 11,974,535
Del Norte................... -
El Dorado................... -
Fresno...................... 11,222,780
Glenn....................... -
Humboldt.................... -
Imperial.................... -
Inyo........................ -
Kern........................ 9,234,511
Kings....................... -
Lake........................ -
Lassen...................... -
Los Angeles................. 175,330,647
Madera...................... -
Marin....................... -
Mariposa.................... -
Mendocino................... -
Merced...................... -
Modoc....................... -
Mono........................ -
Monterey.................... 4,520,911
Napa........................ -
Nevada...................... -
Orange...................... 38,846,003
Placer...................... -
Plumas...................... -
Riverside................... 17,857,241
Sacramento.................. 20,733,264
San Benito.................. -
San Bernardino.............. 20,227,102
San Diego................... 43,495,932
San Francisco............... 19,295,303
San Joaquin................. 6,543,068
San Luis Obispo............. -
San Mateo................... 12,181,079
Santa Barbara............... 6,764,792
Santa Clara................. 28,689,450
Santa Cruz.................. -
Shasta...................... -
Sierra...................... -
Siskiyou.................... -
Solano...................... 6,242,661
Sonoma...................... 6,162,466
Stanislaus.................. 3,506,297
Sutter...................... -
Tehama...................... -
Trinity..................... -
Tulare...................... -
Tuolumne.................... -
Ventura..................... 9,734,190
Yolo........................ -
Yuba........................ -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001, 1463.07, and 1464 of the Penal Code, and Sections
42007, 42007.1, and 42008 of the Vehicle Code during the 1994-95
fiscal year:
Jurisdiction Amount
Alameda........................ $ 9,912,156
Alpine......................... 58,757
Amador......................... 265,707
Butte.......................... 1,217,052
Calaveras...................... 310,331
Colusa......................... 397,468
Contra Costa................... 4,486,486
Del Norte...................... 124,085
El Dorado...................... 1,028,349
Fresno......................... 3,695,633
Glenn.......................... 360,974
Humboldt....................... 1,025,583
Imperial....................... 1,144,661
Inyo........................... 614,920
Kern........................... 5,530,972
Kings.......................... 982,208
Lake........................... 375,570
Lassen......................... 430,163
Los Angeles.................... 71,002,129
Madera......................... 1,042,797
Marin.......................... 2,111,712
Mariposa....................... 135,457
Mendocino...................... 717,075
Merced......................... 1,733,156
Modoc.......................... 104,729
Mono........................... 415,136
Monterey....................... 3,330,125
Napa........................... 719,168
Nevada......................... 1,220,686
Orange......................... 19,572,810
Placer......................... 1,243,754
Plumas......................... 193,772
Riverside...................... 7,681,744
Sacramento..................... 5,937,204
San Benito..................... 302,324
San Bernardino................. 8,163,193
San Diego...................... 16,166,735
San Francisco.................. 4,046,107
San Joaquin.................... 3,562,835
San Luis Obispo................ 2,036,515
San Mateo...................... 4,831,497
Santa Barbara.................. 3,277,610
Santa Clara.................... 11,597,583
Santa Cruz..................... 1,902,096
Shasta......................... 1,044,700
Sierra......................... 42,533
Siskiyou....................... 615,581
Solano......................... 2,708,758
Sonoma......................... 2,316,999
Stanislaus..................... 1,855,169
Sutter......................... 678,681
Tehama......................... 640,303
Trinity........................ 137,087
Tulare......................... 1,840,422
Tuolumne....................... 361,665
Ventura........................ 4,575,349
Yolo........................... 880,798
Yuba........................... 289,325
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) by an equal amount. Nothing in this
paragraph is intended to limit judicial sentencing discretion.
(c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of Division of Juvenile Justice charges.
(e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined by
calculating the difference between the amount the county remitted to
the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000 of this code.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
(g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or any
other employees of the county who provide a service to the court,
and the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
(h) This section shall become operative on July 1, 1999.
SEC. 146. Section 77202 of the Government Code is amended to read:
77202. (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the request of the Judicial Council. The Judicial Council's
trial court budget request, which shall be submitted to the Governor
and the Legislature, shall meet the needs of all trial courts in a
manner that ensures a predictable fiscal environment for labor
negotiations in accordance with the Trial Court Employment Protection
and Governance Act (Chapter 7 (commencing with Section 71600) of
Title 8), that promotes equal access to the courts statewide, and
that promotes court financial accountability. The annual budget
request shall include the following components:
(1) Commencing with the 2006-07 fiscal year, annual General Fund
appropriations to support the trial courts shall be comprised of both
of the following:
(A) The current fiscal year General Fund appropriations, which
include all of the following:
(i) General Fund moneys appropriated for transfer or direct local
assistance in support of the trial courts.
(ii) Transfers to the Judicial Administration Efficiency and
Modernization Fund.
(iii) Local assistance grants made by the Judicial Council,
including the Equal Access Fund.
(iv) The full year cost of budget change proposals approved
through the 2006-07 fiscal year or subsequently approved in
accordance with paragraph (2), but excluding lease-revenue payments
and funding for costs specifically and expressly reimbursed through
other state or federal funding sources, excluding the cost of
one-time or expiring programs.
(B) A cost-of-living and growth adjustment computed by multiplying
the year-to-year percentage change in the state appropriation limit
as described in Section 3 of Article XIII B of the California
Constitution by the sum of all of the following:
(i) The current year General Fund appropriations for the trial
courts, as defined in subparagraph (A).
(ii) The amount of county obligations established pursuant to
subdivision (b) of Section 77201.1 in effect as of June 30, 2005, six
hundred ninety-eight million sixty-eight thousand dollars
($698,068,000).
(iii) The level of funding required to be transferred from the
Trial Court Improvement Fund to the Trial Court Trust Fund pursuant
to subdivision (k) of Section 77209, thirty-one million five hundred
sixty-three thousand dollars ($31,563,000).
(iv) Funding deposited into the Court Facilities Trust Fund
associated with each facility that was transferred to the state not
less than two fiscal years earlier than the fiscal year for which the
cost-of-living and growth adjustment is being calculated.
(v) The court filing fees and surcharges projected to be deposited
into the Trial Court Trust Fund in the 2005-06 fiscal year, adjusted
to reflect the full-year implementation of the uniform civil fee
structure implemented on January 1, 2006, three hundred sixty-nine
million six hundred seventy-two thousand dollars ($369,672,000).
(2) In addition to the moneys to be applied pursuant to
subdivision (b), the Judicial Council may identify and request
additional funding for the trial courts for costs resulting from the
implementation of statutory changes that result in either an
increased level of service or a new activity that directly affects
the programmatic or operational needs of the courts.
(b) The Judicial Council shall allocate the funding from the Trial
Court Trust Fund to the trial courts in a manner that best ensures
the ability of the courts to carry out their functions, promotes
implementation of statewide policies, and promotes the immediate
implementation of efficiencies and cost-saving measures in court
operations, in order to guarantee access to justice to citizens of
the state.
The Judicial Council shall ensure that allocations to the trial
courts recognize each trial court's implementation of efficiencies
and cost-saving measures.
These efficiencies and cost-saving measures shall include, but not
be limited to, the following:
(1) The sharing or merger of court support staff among trial
courts across counties.
(2) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
(3) The establishment of a separate calendar or division to hear a
particular type of case.
(4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case.
(5) The use of alternative dispute resolution programs, such as
arbitration.
(6) The development and use of automated accounting and
case-processing systems.
(c) (1) The Judicial Council shall adopt policies and procedures
governing practices and procedures for budgeting in the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions and may delegate the adoption to the Administrative
Director of the Courts. The Administrative Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
(2) The trial court policies and procedures shall specify the
process for a court to transfer existing funds between or among the
budgeted program components to reflect changes in the court's planned
operation or to correct technical errors. If the process requires a
trial court to request approval of a specific transfer of existing
funds, the Administrative Office of the Courts shall review the
request to transfer funds and respond within 30 days of receipt of
the request. The Administrative Office of the Courts shall respond to
the request for approval or denial to the affected court, in
writing, with copies provided to the Department of Finance, the
Legislative Analyst's Office, the Legislature's budget committees,
and the court's affected labor organizations.
(3) The Judicial Council shall circulate for comment to all
affected entities any amendments proposed to the trial court policies
and procedures as they relate to budget monitoring and reporting.
Final changes shall be adopted at a meeting of the Judicial Council.
SEC. 147. Section 77203 of the Government Code is amended to read:
77203. The Judicial Council may authorize a trial court to carry
unexpended funds over from one fiscal year to the next, provided that
the court carrying over the funds has fully implemented all
provisions of former Rule 991 of the California Rules of Court as it
read on July 1, 1996, regarding trial court coordination.
SEC. 148. Section 77209 of the Government Code is amended to read:
77209. (a) There is in the State Treasury the Trial Court
Improvement Fund.
(b) The Judicial Council shall reserve funds for projects by
transferring 1 percent of the amount appropriated for support for
operation of the trial courts to the Trial Court Improvement Fund. At
least one-half of this amount shall be set aside as a reserve that
shall not be allocated prior to March 15 of each year unless
allocated to a court or courts for urgent needs.
(c) Any funds in the Trial Court Improvement Fund that are
unencumbered at the end of the fiscal year shall be reappropriated to
the Trial Court Improvement Fund for the following fiscal year.
(d) Moneys deposited in the Trial Court Improvement Fund
shall be placed in an interest-bearing account. Any interest earned
shall accrue to the fund and shall be disbursed pursuant to
subdivision (e).
(e) Moneys deposited in the Trial Court Improvement Fund may be
disbursed for purposes of this section.
(f) Moneys deposited in the Trial Court Improvement Fund pursuant
to Section 68090.8 shall be allocated by the Judicial Council for
automated administrative system improvements pursuant to that section
and in furtherance of former Rule 991 of the California Rules of
Court, as it read on July 1, 1996. As used in this subdivision,
"automated administrative system" does not include electronic
reporting systems for use in a courtroom.
(g) Moneys deposited in the Trial Court Improvement Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Director of
the Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.
(h) Notwithstanding other provisions of this section, the
2-percent automation fund moneys deposited in the Trial Court
Improvement Fund pursuant to Section 68090.8 shall be allocated by
the Judicial Council to statewide initiatives related to trial court
automation and their implementation. The Judicial Council shall
allocate the remainder of the moneys deposited in the Trial Court
Improvement Fund as specified in this section.
For the purposes of this subdivision, "2-percent automation fund"
means the fund established pursuant to Section 68090.8 as it read on
June 30, 1996. As used in this subdivision, "statewide initiatives
related to trial court automation and their implementation" does not
include electronic reporting systems for use in a courtroom.
(i) Royalties received from the publication of uniform jury
instructions shall be deposited in the Trial Court Improvement Fund
and used for the improvement of the jury system.
(j) The Judicial Council shall present an annual report to the
Legislature on the use of the Trial Court Improvement Fund. The
report shall include appropriate recommendations.
(k) Each fiscal year, the Controller shall transfer thirty-one
million five hundred sixty-three thousand dollars ($31,563,000) from
the Trial Court Improvement Fund to the Trial Court Trust Fund for
allocation to trial courts for court operations.
SEC. 149. Section 85316 of the Government Code is amended to read:
85316. (a) Except as provided in subdivision (b), a contribution
for an election may be accepted by a candidate for elective state
office after the date of the election only to the extent that the
contribution does not exceed net debts outstanding from the election,
and the contribution does not otherwise exceed the applicable
contribution limit for that election.
(b) Notwithstanding subdivision (a), an elected state officer may
accept contributions after the date of the election for the purpose
of paying expenses associated with holding the office provided that
the contributions are not expended for any contribution to any state
or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely
for the purposes specified in this subdivision.
(1) No person shall make, and no elected state officer shall
receive from a person, a contribution pursuant to this subdivision
totaling more than the following amounts per calendar year:
(A) Three thousand dollars ($3,000) in the case of an elected
state officer of the Assembly or Senate.
(B) Five thousand dollars ($5,000) in the case of a statewide
elected state officer other than the Governor.
(C) Twenty thousand dollars ($20,000) in the case of the Governor.
(2) No elected state officer shall receive contributions pursuant
to paragraph (1) that, in the aggregate, total more than the
following amounts per calendar year:
(A) Fifty thousand dollars ($50,000) in the case of an elected
state officer of the Assembly or Senate.
(B) One hundred thousand dollars ($100,000) in the case of a
statewide elected state officer other than the Governor.
(C) Two hundred thousand dollars ($200,000) in the case of the
Governor.
(3) Any contribution received pursuant to this subdivision shall
be deemed to be a contribution to that candidate for election to any
state office that he or she may seek during the term of office to
which he or she is currently elected, including, but not limited to,
reelection to the office he or she currently holds, and shall be
subject to any applicable contribution limit provided in this title.
If a contribution received pursuant to this subdivision exceeds the
allowable contribution limit for the office sought, the candidate
shall return the amount exceeding the limit to the contributor on a
basis to be determined by the Commission. None of the expenditures
made by elected state officers pursuant to this subdivision shall be
subject to the voluntary expenditure limitations in Section 85400.
(4) The commission shall adjust the calendar year contribution
limitations and aggregate contribution limitations set forth in this
subdivision in January of every odd-numbered year to reflect any
increase or decrease in the Consumer Price Index. Those adjustments
shall be rounded to the nearest one hundred dollars ($100).
SEC. 150. Section 89513 of the Government Code is amended to read:
89513. This section governs the use of campaign funds for the
specific expenditures set forth in this section. It is the intent of
the Legislature that this section shall guide the interpretation of
the standard imposed by Section 89512 as applied to other
expenditures not specifically set forth in this section.
(a) (1) Campaign funds shall not be used to pay or reimburse the
candidate, the elected officer, or any individual or individuals with
authority to approve the expenditure of campaign funds held by a
committee, or employees or staff of the committee or the elected
officer's governmental agency for travel expenses and necessary
accommodations except when these expenditures are directly related to
a political, legislative, or governmental purpose.
(2) For the purposes of this section, payments or reimbursements
for travel and necessary accommodations shall be considered as
directly related to a political, legislative, or governmental purpose
if the payments would meet standards similar to the standards of the
Internal Revenue Service pursuant to Sections 162 and 274 of the
Internal Revenue Code for deductions of travel expenses under the
federal income tax law.
(3) For the purposes of this section, payments or reimbursement
for travel by the household of a candidate or elected officer when
traveling to the same destination in order to accompany the candidate
or elected officer shall be considered for the same purpose as the
candidate's or elected officer's travel.
(4) Whenever campaign funds are used to pay or reimburse a
candidate, elected officer, his or her representative, or a member of
the candidate's household for travel expenses and necessary
accommodations, the expenditure shall be reported as required by
Section 84211.
(5) Whenever campaign funds are used to pay or reimburse for
travel expenses and necessary accommodations, any mileage credit that
is earned or awarded pursuant to an airline bonus mileage program
shall be deemed personally earned by or awarded to the individual
traveler. Neither the earning or awarding of mileage credit, nor the
redeeming of credit for actual travel, shall be subject to reporting
pursuant to Section 84211.
(b) (1) Campaign funds shall not be used to pay for or reimburse
the cost of professional services unless the services are directly
related to a political, legislative, or governmental purpose.
(2) Expenditures by a committee to pay for professional services
reasonably required by the committee to assist it in the performance
of its administrative functions are directly related to a political,
legislative, or governmental purpose.
(3) Campaign funds shall not be used to pay health-related
expenses for a candidate, elected officer, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or members of his or her household.
"Health-related expenses" includes, but is not limited to,
examinations by physicians, dentists, psychiatrists, psychologists,
or counselors, expenses for medications, treatments or medical
equipment, and expenses for hospitalization, health club dues, and
special dietary foods. However, campaign funds may be used to pay
employer costs of health care benefits of a bona fide employee or
independent contractor of the committee.
(c) Campaign funds shall not be used to pay or reimburse fines,
penalties, judgments, or settlements, except those resulting from
either of the following:
(1) Parking citations incurred in the performance of an activity
that was directly related to a political, legislative, or
governmental purpose.
(2) Any other action for which payment of attorney's fees from
contributions would be permitted pursuant to this title.
(d) Campaign funds shall not be used for campaign, business, or
casual clothing except specialty clothing that is not suitable for
everyday use, including, but not limited to, formal wear, if this
attire is to be worn by the candidate or elected officer and is
directly related to a political, legislative, or governmental
purpose.
(e) (1) Except where otherwise prohibited by law, campaign funds
may be used to purchase or reimburse for the costs of purchase of
tickets to political fundraising events for the attendance of a
candidate, elected officer, or his or her immediate family, or an
officer, director, employee, or staff of the committee or the elected
officer's governmental agency.
(2) Campaign funds shall not be used to pay for or reimburse for
the costs of tickets for entertainment or sporting events for the
candidate, elected officer, or members of his or her immediate
family, or an officer, director, employee, or staff of the committee,
unless their attendance at the event is directly related to a
political, legislative, or governmental purpose.
(3) The purchase of tickets for entertainment or sporting events
for the benefit of persons other than the candidate, elected officer,
or his or her immediate family are governed by subdivision (f).
(f) (1) Campaign funds shall not be used to make personal gifts
unless the gift is directly related to a political, legislative, or
governmental purpose. The refund of a campaign contribution does not
constitute the making of a gift.
(2) Nothing in this section shall prohibit the use of campaign
funds to reimburse or otherwise compensate a public employee for
services rendered to a candidate or committee while on vacation,
leave, or otherwise outside of compensated public time.
(3) An election victory celebration or similar campaign event, or
gifts with a total cumulative value of less than two hundred fifty
dollars ($250) in a single year made to an individual employee, a
committee worker, or an employee of the elected officer's agency, are
considered to be directly related to a political, legislative, or
governmental purpose. For purposes of this paragraph, a gift to a
member of a person's immediate family shall be deemed to be a gift to
that person.
(g) Campaign funds shall not be used to make loans other than to
organizations pursuant to Section 89515, or, unless otherwise
prohibited, to a candidate for elective office, political party, or
committee.
SEC. 151. Section 1250.8 of the Health and Safety Code is amended
to read:
1250.8. (a) Notwithstanding subdivision (a) of Section 437.10,
the state department, upon application of a general acute care
hospital which meets all the criteria of subdivision (b), and other
applicable requirements of licensure, shall issue a single
consolidated license to a general acute care hospital which includes
more than one physical plant maintained and operated on separate
premises or which has multiple licenses for a single health facility
on the same premises. A single consolidated license shall not be
issued where the separate freestanding physical plant is a skilled
nursing facility or an intermediate care facility, whether or not the
location of the skilled nursing facility or intermediate care
facility is contiguous to the general acute care hospital, unless the
hospital is exempt from subdivision (b) of Section 1254, or the
facility is part of the physical structure licensed to provide acute
care.
(b) The issuance of a single consolidated license shall be based
on the following criteria:
(1) There is a single governing body for all of the facilities
maintained and operated by the licensee.
(2) There is a single administration for all of the facilities
maintained and operated by the licensee.
(3) There is a single medical staff for all of the facilities
maintained and operated by the licensee, with a single set of bylaws,
rules, and regulations, which prescribe a single committee
structure.
(4) Except as provided otherwise in this paragraph, the physical
plants maintained and operated by the licensee which are to be
covered by the single consolidated license are located not more than
15 miles apart. If an applicant provides evidence satisfactory to the
department that it can comply with all requirements of licensure and
provide quality care and adequate administrative and professional
supervision, the director may issue a single consolidated license to
a general acute care hospital that operates two or more physical
plants located more than 15 miles apart under any of the following
circumstances:
(A) One or more of the physical plants is located in a rural area,
as defined by regulations of the director.
(B) One or more of the physical plants provides only outpatient
services, as defined by the department.
(C) If Section 14105.986 of the Welfare and Institutions Code is
implemented and the applicant meets all of the following criteria:
(i) The applicant is a nonprofit corporation.
(ii) The applicant is a children's hospital listed in Section
10727 of the Welfare and Institutions Code.
(iii) The applicant is affiliated with a major university medical
school, and located adjacent thereto.
(iv) The applicant operates a regional tertiary care facility.
(v) One of the physical plants is located in a county that has a
consolidated and county government structure.
(vi) One of the physical plants is located in a county having a
population between 1 million and 2 million.
(vii) The applicant is located in a city with a population between
50,000 and 100,000.
(c) In issuing the single consolidated license, the state
department shall specify the location of each supplemental service
and the location of the number and category of beds provided by the
licensee. The single consolidated license shall be renewed annually.
(d) To the extent required by Part 1.5 (commencing with Section
437) of Division 1, a general acute care hospital which has been
issued a single consolidated license:
(1) Shall not transfer from one facility to another a special
service described in Section 1255 without first obtaining a
certificate of need.
(2) Shall not transfer, in whole or in part, from one facility to
another, a supplemental service, as defined in regulations of the
director pursuant to this chapter, without first obtaining a
certificate of need, unless the licensee, 30 days prior to the
relocation, notifies the Office of Statewide Health Planning and
Development, the applicable health systems agency, and the state
department of the licensee's intent to relocate the supplemental
service, and includes with this notice a cost estimate, certified by
a person qualified by experience or training to render the estimates,
which estimates that the cost of the transfer will not exceed the
capital expenditure threshold established by the Office of Statewide
Health Planning and Development pursuant to Section 437.10.
(3) Shall not transfer beds from one facility to another facility,
without first obtaining a certificate of need unless, 30 days prior
to the relocation, the licensee notifies the Office of Statewide
Health Planning and Development, the applicable health systems
agency, and the state department of the licensee's intent to relocate
health facility beds, and includes with this notice both of the
following:
(A) A cost estimate, certified by a person qualified by experience
or training to render the estimates, which estimates that the cost
of the relocation will not exceed the capital expenditure threshold
established by the Office of Statewide Health Planning and
Development pursuant to Section 437.10.
(B) The identification of the number, classification, and location
of the health facility beds in the transferor facility and the
proposed number, classification, and location of the health facility
beds in the transferee facility.
Except as otherwise permitted in Part 1.5 (commencing with Section
437) of Division 1, or as authorized in an approved certificate of
need pursuant to that part, health facility beds transferred pursuant
to this section shall be used in the transferee facility in the same
bed classification as defined in Section 1250.1, as the beds were
classified in the transferor facility.
Health facility beds transferred pursuant to this section shall
not be transferred back to the transferor facility for two years from
the date of the transfer, regardless of cost, without first
obtaining a certificate of need pursuant to Part 1.5 (commencing with
Section 437) of Division 1.
(e) All transfers pursuant to subdivision (d) shall satisfy all
applicable requirements of licensure and shall be subject to the
written approval, if required, of the state department. The state
department may adopt regulations which are necessary to implement the
provisions of this section. These regulations may include a
requirement that each facility of a health facility subject to a
single consolidated license have an onsite full-time or part-time
administrator.
(f) As used in this section, "facility" means any physical plant
operated or maintained by a health facility subject to a single,
consolidated license issued pursuant to this section.
(g) For purposes of selective provider contracts negotiated under
the Medi-Cal program, the treatment of a health facility with a
single consolidated license issued pursuant to this section shall be
subject to negotiation between the health facility and the California
Medical Assistance Commission. A general acute care hospital which
is issued a single consolidated license pursuant to this section may,
at its option, receive from the state department a single Medi-Cal
program provider number or separate Medi-Cal program provider numbers
for one or more of the facilities subject to the single consolidated
license. Irrespective of whether the general acute care hospital is
issued one or more Medi-Cal provider numbers, the state department
may require the hospital to file separate cost reports for each
facility pursuant to Section 14170 of the Welfare and Institutions
Code.
(h) For purposes of the Annual Report of Hospitals required by
regulations adopted by the state department pursuant to this part,
the state department and the Office of Statewide Health Planning and
Development may require reporting of bed and service utilization data
separately by each facility of a general acute care hospital issued
a single consolidated license pursuant to this section.
(i) The amendments made to this section during the 1985-86 Regular
Session of the Legislature pertaining to the issuance of a single
consolidated license to a general acute care hospital in the case
where the separate physical plant is a skilled nursing facility or
intermediate care facility shall not apply to the following
facilities:
(1) Any facility which obtained a certificate of need after August
1, 1984, and prior to February 14, 1985, as described in this
subdivision. The certificate of need shall be for the construction of
a skilled nursing facility or intermediate care facility which is
the same facility for which the hospital applies for a single
consolidated license, pursuant to subdivision (a).
(2) Any facility for which a single consolidated license has been
issued pursuant to subdivision (a), as described in this subdivision,
prior to the effective date of the amendments made to this section
during the 1985-86 Regular Session of the Legislature.
Any facility which has been issued a single consolidated license
pursuant to subdivision (a), as described in this subdivision, shall
be granted renewal licenses based upon the same criteria used for the
initial consolidated license.
(j) If the state department issues a single consolidated license
pursuant to this section, the state department may take any action
authorized by this chapter, including, but not limited to, any action
specified in Article 5 (commencing with Section 1294), with respect
to any facility, or any service provided in any facility, which is
included in the consolidated license.
(k) The eligibility for participation in the Medi-Cal program
(Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code) of any facility that is included
in a consolidated license issued pursuant to this section, provides
outpatient services, and is located more than 15 miles from the
health facility issued the consolidated license shall be subject to a
determination of eligibility by the state department. This
subdivision shall not apply to any facility that is located in a
rural area and is included in a consolidated license issued pursuant
to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision
(b). Regardless of whether a facility has received or not received a
determination of eligibility pursuant to this subdivision, this
subdivision shall not affect the ability of a licensed professional,
providing services covered by the Medi-Cal program to a person
eligible for Medi-Cal in a facility subject to a determination of
eligibility pursuant to this subdivision, to bill the Medi-Cal
program for those services provided in accordance with applicable
regulations.
() Notwithstanding any other provision of law, the director may
issue a single consolidated license for a general acute care hospital
to Children's Hospital Oakland and San Ramon Regional Medical
Center.
(m) Notwithstanding any other provision of law, the director may
issue a single consolidated license for a general acute care hospital
to Children's Hospital Oakland and the John Muir Medical Center,
Concord campus.
(n) (1) To the extent permitted by federal law, payments made to
Children's Hospital Oakland pursuant to Section 14166.11 of the
Welfare and Institutions Code shall be adjusted as follows:
(A) The number of Medi-Cal payment days and net revenues
calculated for the John Muir Medical Center, Concord campus, under
the consolidated license shall not be used for eligibility purposes
for the private hospital disproportionate share hospital replacement
funds for Children's Hospital Oakland.
(B) The number of Medi-Cal payment days calculated for hospital
beds located at John Muir Medical Center, Concord campus, that are
included in the consolidated license beginning in the 2007-08 fiscal
year shall only be used for purposes of calculating disproportionate
share hospital payments authorized under Section 14166.11 of the
Welfare and Institutions Code at Children's Hospital Oakland to the
extent that the inclusion of those days does not exceed the total
Medi-Cal payment days used to calculate Children's Hospital Oakland
payments for the 2006-07 fiscal year disproportionate share
replacement.
(2) This subdivision shall become inoperative in the event that
the two facilities covered under the consolidated license described
in subdivision (a) are located within a 15-mile radius of each other.
SEC. 152. Section 1262.4 of the Health and Safety Code is amended
to read:
1262.4. (a) No hospital, as defined in subdivisions (a), (b), and
(f) of Section 1250, may cause the transfer of homeless patients
from one county to another county for the purpose of receiving
supportive services from a social services agency, health care
service provider, or nonprofit social services provider within the
other county, without prior notification to, and authorization from,
the social services agency, health care service provider, or
nonprofit social services provider.
(b) For purposes of this section, "homeless patient" means an
individual who lacks a fixed and regular nighttime residence, or who
has a primary nighttime residence that is a supervised publicly or
privately operated shelter designed to provide temporary living
accommodations, or who is residing in a public or private place that
was not designed to provide temporary living accommodations or to be
used as a sleeping accommodation for human beings.
SEC. 153. Section 1265.5 of the Health and Safety Code is amended
to read:
1265.5. (a) (1) Prior to the initial licensure or renewal of a
license of any person or persons to operate or manage an intermediate
care facility/developmentally disabled habilitative, an intermediate
care facility/developmentally disabled-nursing, or an intermediate
care facility/developmentally disabled, other than an intermediate
care facility/developmentally disabled operated by the state that
secures criminal record clearances for its employees through a method
other than as specified in this section or upon the hiring of direct
care staff by any of these facilities, the department shall secure
from the Department of Justice criminal offender record information
to determine whether the applicant, facility administrator or
manager, any direct care staff, or any other adult living in the same
location, has ever been convicted of a crime other than a minor
traffic violation.
(2) (A) The criminal record clearance shall require the applicant
to submit electronic fingerprint images and related information of
the facility administrator or manager, and any direct care staff, or
any other adult living in the same location, to the Department of
Justice. Applicants shall be responsible for any cost associated with
capturing or transmitting the fingerprint images and related
information.
(B) The criminal record clearance shall be completed
prior to direct staff contact with residents of the facility. A
criminal record clearance shall be complete when the department has
obtained the person's criminal record information from the Department
of Justice and has determined that he or she is not disqualified
from engaging in the activity for which clearance is required.
(3) (A) The Licensing and Certification Program shall issue an All
Facilities Letter (AFL) to facility licensees when it determines
that both of the following criteria have been met for a period of 30
days:
(i) The program receives, within three business days, 95 percent
of its total responses indicating no evidence of recorded criminal
information from the Department of Justice.
(ii) The program processes 95 percent of its total responses
requiring disqualification in accordance with subdivision (b), with
notices mailed to the facility no later than 45 days after the date
that the criminal offender record information report is received from
the Department of Justice.
(B) After the AFL is issued, facilities shall not allow newly
hired facility administrators, managers, direct care staff, or any
other adult living in the same location to have direct contact with
clients or residents of the facility prior to completion of the
criminal record clearance. A criminal record clearance shall be
complete when the department has obtained the person's criminal
offender record information search response from the Department of
Justice and has determined that the person is not disqualified from
engaging in the activity for which clearance is required.
(C) An applicant or certificate holder who may be disqualified on
the basis of a criminal conviction shall provide the department with
a certified copy of the judgment of each conviction. In addition, the
individual may, during a period of two years after the department
receives the criminal record report, provide the department with
evidence of good character and rehabilitation in accordance with
subdivision (c). Upon receipt of a new application for certification
of the individual, the department may receive and consider the
evidence during the two-year period without requiring additional
fingerprint imaging to clear the individual.
(D) The department's Licensing and Certification Program shall
explore and implement methods for maximizing its efficiency in
processing criminal record clearances within the requirements of law,
including a streamlined clearance process for persons that have been
disqualified on the basis of criminal convictions that do not
require automatic denial pursuant to subdivision (b).
(4) An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall
provide information as to whether or not the person has any prior
criminal convictions, has had any arrests within the past 12-month
period, or has any active arrests, and shall certify that, to the
best of his or her knowledge, the information provided is true. This
requirement is not intended to duplicate existing requirements for
individuals who are required to submit fingerprint images as part of
a criminal background clearance process. Every applicant shall
provide information on any prior administrative action taken against
him or her by any federal, state, or local governmental agency and
shall certify that, to the best of his or her knowledge, the
information provided is true. An applicant or other person required
to provide information pursuant to this section that knowingly or
willfully makes false statements, representations, or omissions may
be subject to administrative action, including, but not limited to,
denial of his or her application or exemption or revocation of any
exemption previously granted.
(b) (1) The application for licensure or renewal shall be denied
if the criminal record indicates that the person seeking initial
licensure or renewal of a license referred to in subdivision (a) has
been convicted of a violation or attempted violation of any one or
more of the following Penal Code provisions: Section 187, subdivision
(a) of Section 192, Section 203, 205, 206, 207, 209, 210, 210.5,
211, 220, 222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267,
inclusive, Section 273a, 273d, 273.5, or 285, subdivisions (c), (d),
(f), and (g) of Section 286, Section 288, subdivisions (c), (d), (f),
and (g) of Section 288a, Section 288.5, 289, 289.5, 368, 451, 459,
470, 475, 484, or 484b, Sections 484d to 484j, inclusive, or Section
487, 488, 496, 503, 518, or 666, unless any of the following applies:
(A) The person was convicted of a felony and has obtained a
certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code and the
information or accusation against the person has been dismissed
pursuant to Section 1203.4 of the Penal Code with regard to that
felony.
(B) The person was convicted of a misdemeanor and the information
or accusation against the person has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
(C) The person was convicted of a felony or a misdemeanor, but has
previously disclosed the fact of each conviction to the department
and the department has made a determination in accordance with law
that the conviction does not disqualify the person.
(2) The application for licensure or renewal shall be denied if
the criminal record of the person includes a conviction in another
state for an offense that, if committed or attempted in this state,
would have been punishable as one or more of the offenses set forth
in paragraph (1), unless evidence of rehabilitation comparable to the
dismissal of a misdemeanor or a certificate of rehabilitation as set
forth in subparagraph (A) or (B) of paragraph (1) is provided to the
department.
(c) If the criminal record of a person described in subdivision
(a) indicates any conviction other than a minor traffic violation or
other than a conviction listed in subdivision (b), the department may
deny the application for licensure or renewal. In determining
whether or not to deny the application for licensure or renewal
pursuant to this subdivision, the department shall take into
consideration the following factors as evidence of good character and
rehabilitation:
(1) The nature and seriousness of the offense under consideration
and its relationship to their employment duties and responsibilities.
(2) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
(3) The time that has elapsed since the commission of the conduct
or offense referred to in paragraph (1) or (2) and the number of
offenses.
(4) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
(5) Any rehabilitation evidence, including character references,
submitted by the person.
(6) Employment history and current employer recommendations.
(7) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
(8) The granting by the Governor of a full and unconditional
pardon.
(9) A certificate of rehabilitation from a superior court.
(d) Nothing in this section shall be construed to require a
criminal record check of a person receiving services in an
intermediate care facility/developmentally disabled habilitative,
intermediate care facility/developmentally disabled-nursing, or
intermediate care facility/developmentally disabled.
(e) For purposes of this section, "direct care staff" means all
facility staff who are trained and experienced in the care of persons
with developmental disabilities and who directly provide program and
nursing services to clients. Administrative and licensed personnel
shall be considered direct care staff when directly providing program
and nursing services to clients. Persons employed as consultants and
acting as direct care staff shall be subject to the same
requirements for a criminal record clearance as other direct care
staff. However, the employing facility shall not be required to pay
any costs associated with that criminal record clearance.
(f) Upon the employment of any person specified in subdivision
(a), and prior to any contact with clients or residents, the facility
shall ensure that electronic fingerprint images are submitted to the
Department of Justice for the purpose of obtaining a criminal record
check.
(g) The department shall develop procedures to ensure that any
licensee, direct care staff, or certificate holder for whom a
criminal record has been obtained pursuant to this section or Section
1338.5 or 1736 shall not be required to obtain multiple criminal
record clearances.
(h) In addition to the persons who are not required to obtain
multiple criminal record clearances pursuant to subdivision (g), a
person shall not be required to obtain a separate criminal record
clearance if the person meets all of the following criteria:
(1) The person is employed as a consultant and acts as direct care
staff.
(2) The person is a registered nurse, licensed vocational nurse,
physical therapist, occupational therapist, or speech-language
pathologist.
(3) The person has obtained a criminal record clearance as a
prerequisite to holding a license or certificate to provide direct
care services.
(4) The person has a license or certificate to provide direct care
service that is in good standing with the appropriate licensing or
certification board.
(5) The person is providing time-limited specialized clinical care
or services.
(6) The person is not left alone with the client.
(i) If, at any time, the department determines that it does not
meet the standards specified in clauses (i) and (ii) of subparagraph
(A) of paragraph (3) of subdivision (a), for a period of 90
consecutive days, the requirements in paragraph (3) of subdivision
(a) shall be suspended until the department determines that it has
met those standards for a period of 90 consecutive days.
(j) During any period of time in which paragraph (3) of
subdivision (a) is inoperative, facilities may allow newly hired
facility administrators, managers, direct care staff, or any other
adult living in the same location to have direct contact with clients
or residents of the facility after those persons have submitted
live-scan fingerprint images to the Department of Justice, and the
department shall issue an AFL advising of this change in the
statutory requirement.
(k) Notwithstanding any other provision of law, the department is
authorized to provide an individual with a copy of his or her state
or federal level criminal offender record information search response
as provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
SEC. 154. Section 1265.6 of the Health and Safety Code is amended
to read:
1265.6. Notwithstanding any other provision of law, a registered
nurse within his or her scope of practice may require direct care
staff in an intermediate care facility/developmentally disabled
habilitative or an intermediate care facility/developmentally
disabled-nursing to administer blood glucose testing for a person
with developmental disabilities who resides at the facility and who
has diabetes, if all of the following criteria are met:
(a) The blood glucose testing is specifically ordered by a
physician. The results of the testing shall be reported to a
registered nurse as specified in the physician's order.
(b) Prior to performing the blood glucose testing, the direct care
staff shall be trained by the registered nurse to perform the
testing and shall demonstrate proficiency in performing the testing
while under the immediate supervision of the registered nurse.
(c) Training of direct care staff to perform blood glucose testing
shall include, but not be limited to, an overview of the basic
disease process of type I and type II diabetes, recognition of the
signs and symptoms of hypoglycemia and hyperglycemia, the role of
nutrition management in diabetes, diabetes and blood sugar control,
long-term complications of diabetes, specific instruction in
utilizing and the use of a specific over-the-counter glucose
monitoring device that is approved by the FDA, including the cleaning
and maintaining the accuracy of the client-specific glucose
monitoring device, proper infection control practices related to the
use of the device, including the handling and disposal of infectious
waste, and recording accurate records of blood glucose readings in
the client medical record. Records of blood glucose readings shall be
reviewed by the facility registered nurse at least monthly.
(d) A signed written statement shall be prepared by the registered
nurse that includes a certification of the direct care staff's
competence to perform the testing and that identifies the clients
residing at the facility for whom the certification is applicable.
This certification shall be placed and maintained in the direct care
staff's training record.
(e) The certification of competence to perform the blood glucose
testing shall be procedure and client specific, and shall not be
transferred between clients residing at the facility or other
facilities.
(f) The registered nurse shall be responsible for monitoring and
implementing the direct care staff blood glucose testing. At least
once every three months, the registered nurse shall observe and
confirm the direct care staff person's proficiency in performing the
approved testing and shall update the certification. The proficiency
determination shall include a determination by the registered nurse
that the direct care staff remains proficient in demonstrating the
specified method for cleaning and recalibration of the glucose
monitoring device.
(g) A registered nurse shall provide continuing in-service
education on the management of diabetes and the use of blood glucose
monitoring devices not less than once per year and include
documentation of the content of the training and the staff who were
in attendance.
(h) A facility shall develop a written policy and procedure
governing blood glucose testing for clients residing at the facility
that shall include procedures for the training and competency
assessment of direct care staff as required by this section.
(i) A facility shall have received a certificate of waiver
pursuant to subdivision (n) of Section 483.460 of Title 42 of the
Code of Federal Regulations prior to the implementation of blood
glucose testing and shall retain a copy of the CLIA waiver for
inspection by the department.
SEC. 155. Section 1266.9 of the Health and Safety Code is amended
to read:
1266.9. There is hereby created in the State Treasury the State
Department of Health Services, Licensing and Certification Program
Fund. The revenue collected in accordance with Section 1266 shall be
deposited in the State Department of Health Services, Licensing and
Certification Program Fund and shall be available for expenditure,
upon appropriation by the Legislature, to support the Licensing and
Certification Program's operation. Interest earned on the funds in
the State Department of Health Services, Licensing and Certification
Program Fund shall be deposited as revenue into the account to
support the Licensing and Certification Program's operation.
SEC. 156. Section 1279.1 of the Health and Safety Code is amended
to read:
1279.1. (a) A health facility licensed pursuant to subdivision
(a), (b), or (f) of Section 1250 shall report an adverse event to the
department no later than five days after the adverse event has been
detected, or, if that event is an ongoing urgent or emergent threat
to the welfare, health, or safety of patients, personnel, or
visitors, not later than 24 hours after the adverse event has been
detected. Disclosure of individually identifiable patient information
shall be consistent with applicable law.
(b) For purposes of this section, "adverse event" includes any of
the following:
(1) Surgical events, including the following:
(A) Surgery performed on a wrong body part that is inconsistent
with the documented informed consent for that patient. A reportable
event under this subparagraph does not include a situation requiring
prompt action that occurs in the course of surgery or a situation
that is so urgent as to preclude obtaining informed consent.
(B) Surgery performed on the wrong patient.
(C) The wrong surgical procedure performed on a patient, which is
a surgical procedure performed on a patient that is inconsistent with
the documented informed consent for that patient. A reportable event
under this subparagraph does not include a situation requiring
prompt action that occurs in the course of surgery, or a situation
that is so urgent as to preclude the obtaining of informed consent.
(D) Retention of a foreign object in a patient after surgery or
other procedure, excluding objects intentionally implanted as part of
a planned intervention and objects present prior to surgery that are
intentionally retained.
(E) Death during or up to 24 hours after induction of anesthesia
after surgery of a normal, healthy patient who has no organic,
physiologic, biochemical, or psychiatric disturbance and for whom the
pathologic processes for which the operation is to be performed are
localized and do not entail a systemic disturbance.
(2) Product or device events, including the following:
(A) Patient death or serious disability associated with the use of
a contaminated drug, device, or biologic provided by the health
facility when the contamination is the result of generally detectable
contaminants in the drug, device, or biologic, regardless of the
source of the contamination or the product.
(B) Patient death or serious disability associated with the use or
function of a device in patient care in which the device is used or
functions other than as intended. For purposes of this subparagraph,
"device" includes, but is not limited to, a catheter, drain, or other
specialized tube, infusion pump, or ventilator.
(C) Patient death or serious disability associated with
intravascular air embolism that occurs while being cared for in a
facility, excluding deaths associated with neurosurgical procedures
known to present a high risk of intravascular air embolism.
(3) Patient protection events, including the following:
(A) An infant discharged to the wrong person.
(B) Patient death or serious disability associated with patient
disappearance for more than four hours, excluding events involving
adults who have competency or decisionmaking capacity.
(C) A patient suicide or attempted suicide resulting in serious
disability while being cared for in a health facility due to patient
actions after admission to the health facility, excluding deaths
resulting from self-inflicted injuries that were the reason for
admission to the health facility.
(4) Care management events, including the following:
(A) A patient death or serious disability associated with a
medication error, including, but not limited to, an error involving
the wrong drug, the wrong dose, the wrong patient, the wrong time,
the wrong rate, the wrong preparation, or the wrong route of
administration, excluding reasonable differences in clinical judgment
on drug selection and dose.
(B) A patient death or serious disability associated with a
hemolytic reaction due to the administration of ABO-incompatible
blood or blood products.
(C) Maternal death or serious disability associated with labor or
delivery in a low-risk pregnancy while being cared for in a facility,
including events that occur within 42 days postdelivery and
excluding deaths from pulmonary or amniotic fluid embolism, acute
fatty liver of pregnancy, or cardiomyopathy.
(D) Patient death or serious disability directly related to
hypoglycemia, the onset of which occurs while the patient is being
cared for in a health facility.
(E) Death or serious disability, including kernicterus, associated
with failure to identify and treat hyperbilirubinemia in neonates
during the first 28 days of life. For purposes of this subparagraph,
"hyperbilirubinemia" means bilirubin levels greater than 30
milligrams per deciliter.
(F) A Stage 3 or 4 ulcer, acquired after admission to a health
facility, excluding progression from Stage 2 to Stage 3 if Stage 2
was recognized upon admission.
(G) A patient death or serious disability due to spinal
manipulative therapy performed at the health facility.
(5) Environmental events, including the following:
(A) A patient death or serious disability associated with an
electric shock while being cared for in a health facility, excluding
events involving planned treatments, such as electric countershock.
(B) Any incident in which a line designated for oxygen or other
gas to be delivered to a patient contains the wrong gas or is
contaminated by a toxic substance.
(C) A patient death or serious disability associated with a burn
incurred from any source while being cared for in a health facility.
(D) A patient death associated with a fall while being cared for
in a health facility.
(E) A patient death or serious disability associated with the use
of restraints or bedrails while being cared for in a health facility.
(6) Criminal events, including the following:
(A) Any instance of care ordered by or provided by someone
impersonating a physician, nurse, pharmacist, or other licensed
health care provider.
(B) The abduction of a patient of any age.
(C) The sexual assault on a patient within or on the grounds of a
health facility.
(D) The death or significant injury of a patient or staff member
resulting from a physical assault that occurs within or on the
grounds of a facility.
(7) An adverse event or series of adverse events that cause the
death or serious disability of a patient, personnel, or visitor.
(c) The facility shall inform the patient or the party responsible
for the patient of the adverse event by the time the report is made.
(d) "Serious disability" means a physical or mental impairment
that substantially limits one or more of the major life activities of
an individual, or the loss of bodily function, if the impairment or
loss lasts more than seven days or is still present at the time of
discharge from an inpatient health care facility, or the loss of a
body part.
(e) Nothing in this section shall be interpreted to change or
otherwise affect hospital reporting requirements regarding reportable
diseases or unusual occurrences, as provided in Section 70737 of
Title 22 of the California Code of Regulations. The department shall
review Section 70737 of Title 22 of the California Code of
Regulations requiring hospitals to report "unusual occurrences" and
consider amending the section to enhance the clarity and specificity
of this hospital reporting requirement.
SEC. 157. Section 1568.09 of the Health and Safety Code is amended
to read:
1568.09. It is the intent of the Legislature in enacting this
section to require the electronic fingerprint images of those
individuals whose contact with residents of residential care
facilities for persons with a chronic, life-threatening illness may
pose a risk to the residents' health and safety.
It is the intent of the Legislature in enacting this section to
require the electronic fingerprint images of those individuals whose
contact with community care clients may pose a risk to the clients'
health and safety. An individual shall be required to obtain either a
criminal record clearance or a criminal record exemption from the
State Department of Social Services before his or her initial
presence in a residential care facility for persons with chronic,
life-threatening illness.
(a) (1) Before issuing a license to any person or persons to
operate or manage a residential care facility, the department shall
secure from an appropriate law enforcement agency a criminal record
to determine whether the applicant or any other person specified in
subdivision (b) has ever been convicted of a crime other than a minor
traffic violation or arrested for any crime specified in Section 290
of the Penal Code, for violating Section 245 or 273.5, subdivision
(b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code, or for any crime for which the
department cannot grant an exemption if the person was convicted and
the person has not been exonerated.
(2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
(3) The following shall apply to the criminal record information:
(A) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) has been
convicted of a crime, other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (f).
(B) If the State Department of Social Services finds that the
applicant or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
(C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (2) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (f).
(E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice and the Federal Bureau of Investigation,
through the
Department of Justice, for a state and federal level criminal
offender record information search, in addition to the search
required by this subdivision. If an applicant meets all other
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal history information for the applicant and
persons listed in subdivision (b), the department may issue a license
if the applicant and each person described by subdivision (b) has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after licensure, the department
determines that the licensee or person specified in subdivision (b)
has a criminal record, the license may be revoked pursuant to
subdivision (a) of Section 1568.082. The department may also suspend
the license pending an administrative hearing pursuant to subdivision
(b) of Section 1568.082.
(b) In addition to the applicant, this section shall be applicable
to criminal convictions of the following persons:
(1) Adults responsible for administration or direct supervision of
staff of the facility.
(2) Any person, other than a resident, residing in the facility.
(3) Any person who provides resident assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section. A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the
residential care facility for persons with chronic, life-threatening
illness. The facility shall maintain the copy of the certification on
file as long as care is being provided by the certified nurse
assistant or certified home health aide at the facility. Nothing in
this paragraph restricts the right of the department to exclude a
certified nurse assistant or certified home health aide from a
licensed residential care facility for persons with chronic,
life-threatening illness pursuant to Section 1568.092.
(4) (A) Any staff person, volunteer, or employee who has contact
with the residents.
(B) A volunteer shall be exempt from this subdivision if he or she
is a relative, significant other, or close friend of a client
receiving care in the facility and the volunteer does not provide
direct care and supervision of residents. A volunteer who provides
direct care and supervision shall be exempt if the volunteer is a
resident's spouse, significant other, close friend, or family member
and provides direct care and supervision to that resident only at the
request of the resident. The department may define in regulations
persons similar to those described in this subparagraph who may be
exempt from the requirements of this subdivision.
(5) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
that capacity.
(6) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
(c) (1) (A) Subsequent to initial licensure, any person specified
in subdivision (b) and not exempted from fingerprinting shall, as a
condition to employment, residence, or presence in a residential care
facility, be fingerprinted and sign a declaration under penalty of
perjury regarding any prior criminal convictions. The licensee shall
submit fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation, through the
Department of Justice, for a state and federal level criminal
offender record information search, or to comply with paragraph (1)
of subdivision (g), prior to the person's employment, residence, or
initial presence in the residential care facility.
(B) These fingerprint images and related information shall be
electronically submitted to the Department of Justice in a manner
approved by the State Department of Social Services and the
Department of Justice, for the purpose of obtaining a permanent set
of fingerprints. A licensee's failure to submit fingerprint images
and related information to the Department of Justice, or to comply
with paragraph (1) of subdivision (g), as required in this section,
shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation, per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1568.082. The State Department of Social Services may assess
civil penalties for continued violations as allowed in Section
1568.0822. The fingerprint images and related information shall then
be submitted to the Department of Justice for processing. The
licensee shall maintain and make available for inspection
documentation of the individual's clearance or exemption.
(2) A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1568.082. The department may assess civil penalties for
continued violations as permitted by Section 1568.0822.
(3) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in this subdivision. If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images. If new
fingerprint images are required for processing, the Department of
Justice shall, within 14 calendar days from the date of receipt of
the fingerprint images, notify the licensee that the fingerprint
images were illegible. The Department of Justice shall notify the
department, as required by Section 1522.04, and shall notify the
licensee by mail within 14 days of electronic transmission of the
fingerprint images to the Department of Justice, if the person has no
criminal history record.
(4) Except for persons specified in paragraph (2) of subdivision
(b), the licensee shall endeavor to ascertain the previous employment
history of persons required to be fingerprinted under this
subdivision. If it is determined by the State Department of Social
Services, on the basis of the fingerprint images submitted to the
Department of Justice, that the person has been convicted of a sex
offense against a minor, an offense specified in Section 243.4, 273a,
273d, 273g, or 368 of the Penal Code, or a felony, the department
shall notify the licensee to act immediately to terminate the person'
s employment, remove the person from the residential care facility,
or bar the person from entering the residential care facility. The
department may subsequently grant an exemption pursuant to
subdivision (f). If the conviction was for another crime, except a
minor traffic violation, the licensee shall, upon notification by the
department, act immediately to either (A) terminate the person's
employment, remove the person from the residential care facility, or
bar the person from entering the residential care facility; or (B)
seek an exemption pursuant to subdivision (f). The department shall
determine if the person shall be allowed to remain in the facility
until a decision on the exemption is rendered. A licensee's failure
to comply with the department's prohibition of employment, contact
with clients, or presence in the facility as required by this
paragraph shall result in a citation of deficiency and an immediate
assessment of civil penalties by the department against the licensee,
in the amount of one hundred dollars ($100) per violation, per day
for a maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the civil
penalties shall be in the amount of one hundred dollars ($100) per
violation for a maximum of 30 days, and shall be grounds for
disciplining the licensee pursuant to Section 1568.082.
(5) The department may issue an exemption on its own motion
pursuant to subdivision (f) if the person's criminal history
indicates that the person is of good character based on the age,
seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption pursuant
to this paragraph.
(6) Concurrently with notifying the licensee pursuant to paragraph
(4), the department shall notify the affected individual of his or
her right to seek an exemption pursuant to subdivision (f). The
individual may seek an exemption only if the licensee terminates the
person's employment or removes the person from the facility after
receiving notice from the department pursuant to paragraph (4).
(d) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
department is permitted to take following the establishment of a
conviction may be taken when the time for appeal has elapsed, when
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of the
sentence, notwithstanding a subsequent order pursuant to Sections
1203.4 and 1203.4a of the Penal Code permitting that person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
setting aside the verdict of guilty, or dismissing the accusation,
information, or indictment. For purposes of this chapter, the record
of a conviction, or a copy thereof certified by the clerk of the
court or by a judge of the court in which the conviction occurred,
shall be conclusive evidence of the conviction. For purposes of this
section or any other provision of this chapter, the arrest
disposition report certified by the Department of Justice, or
documents admissible in a criminal action pursuant to Section 969b of
the Penal Code, shall be prima facie evidence of the conviction,
notwithstanding any other provision of law prohibiting the admission
of these documents in a civil or administrative action.
(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
(e) The State Department of Social Services may not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
(f) (1) After review of the record, the director may grant an
exemption from disqualification for a license as specified in
paragraphs (1) and (4) of subdivision (a), or for employment,
residence, or presence in a residential care facility as specified in
paragraphs (4), (5), and (6) of subdivision (c) if the director has
substantial and convincing evidence to support a reasonable belief
that the applicant and the person convicted of the crime, if other
than the applicant, are of such good character as to justify issuance
of the license or special permit or granting an exemption for
purposes of subdivision (c). However, an exemption may not be granted
pursuant to this subdivision if the conviction was for any of the
following offenses:
(A) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(a) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
(B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
(2) The department may not prohibit a person from being employed
or having contact with clients in a facility on the basis of a denied
criminal record exemption request or arrest information unless the
department complies with Section 1568.092.
(g) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the department, and shall include
a copy of the person's driver's license or valid identification card
issued by the Department of Motor Vehicles, or a valid photo
identification issued by another state or the United States
government if the person is not a California resident. Upon request
of the licensee, who shall enclose a self-addressed stamped envelope
for this purpose, the department shall verify whether the individual
has a clearance that can be transferred.
(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of two years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
(h) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1568.092, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a
result of that denial or termination.
(i) (1) The Department of Justice shall charge a fee sufficient to
cover its cost in providing services to comply with the 14-day
requirement contained in subdivision (c) for provision to the
department of criminal record information.
(2) Paragraph (1) shall cease to be implemented when the
department adopts emergency regulations pursuant to Section 1522.04,
and shall become inoperative when permanent regulations are adopted
under that section.
(j) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
SEC. 158. Section 1575.7 of the Health and Safety Code is amended
to read:
1575.7. (a) (1) The State Department of Health Services, prior to
issuing a new license, shall obtain a criminal record clearance for
the administrator, program director, and fiscal officer of the
proposed adult day health care center. The department shall obtain
the criminal record clearances each time these positions are to be
filled. When the conditions set forth in paragraph (3) of subdivision
(a) of Section 1265.5, subparagraph (A) of paragraph (1) of
subdivision (a) of Section 1338.5, and paragraph (1) of subdivision
(a) of Section 1736.6 are met, the licensing and certification
program shall issue an All Facilities Letter (AFL) informing facility
licensees. After the AFL is issued, facilities shall not allow newly
hired administrators, program directors, and fiscal officers to have
direct contact with clients or residents of the facility prior to
completion of the criminal record clearance. A criminal record
clearance shall be complete when the department has obtained the
person's criminal offender record information search response from
the Department of Justice and has determined that the person is not
disqualified from engaging in the activity for which clearance is
required.
(2) The criminal record clearance shall require the administrator,
program director, and fiscal officer to submit electronic
fingerprint images to the Department of Justice.
(3) An applicant and any other person specified in this
subdivision, as part of the background clearance process, shall
provide information as to whether or not the person has any prior
criminal convictions, has had any arrests within the past 12-month
period, or has any active arrests, and shall certify that, to the
best of his or her knowledge, the information provided is true. This
requirement is not intended to duplicate existing requirements for
individuals who are required to submit fingerprint images as part of
a criminal background clearance process. Every applicant shall
provide information on any prior administrative action taken against
him or her by any federal, state, or local government agency and
shall certify that, to the best of his or her knowledge, the
information provided is true. An applicant or other person required
to provide information pursuant to this section that knowingly or
willfully makes false statements, representations, or omissions may
be subject to administrative action, including, but not limited to,
denial of his or her application or exemption or revocation of any
exemption previously granted.
(b) A past conviction of any crime, especially any crime involving
misuse of funds or involving physical abuse shall, in the discretion
of the department, be grounds for denial of the license, and shall
be grounds to prohibit the person from providing services in an adult
day health care center.
(c) Suspension of the applicant from the Medi-Cal program or prior
violations of statutory provisions or regulations relating to
licensure of a health facility, community care facility, or clinic
shall also be grounds for a denial of licensure, where determined by
the state department to indicate a substantial probability that the
applicant will not comply with this chapter and regulations adopted
hereunder.
(d) No applicant which is licensed as a health facility, community
care facility, or clinic may be issued a license for an adult day
health care center while there exists a subsisting, uncorrected
violation of the statutes or regulations relating to such licensure.
(e) The department shall develop procedures to ensure that any
licensee, direct care staff, or certificate holder for whom a
criminal record has been obtained pursuant to this section or Section
1265.5 or 1736 shall not be required to obtain multiple criminal
record clearances.
(f) Notwithstanding any other provision of law, the department may
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
SEC. 159. Section 1597.46 of the Health and Safety Code is amended
to read:
1597.46. All of the following shall apply to large family day
care homes:
(a) A city, county, or city and county shall not prohibit large
family day care homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration,
traffic control, parking, and noise control relating to those homes,
and complies with subdivision (e) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit issued pursuant to
this paragraph shall be granted by the zoning administrator, or if
there is no zoning administrator by the person or persons designated
by the planning agency to grant these permits, upon the certification
without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, or if there is no zoning administrator, the person or
persons designated by the planning agency to handle the use permits,
shall review and decide the applications. The use permit shall be
granted if the large family day care home complies with local
ordinances, if any, prescribing reasonable standards, restrictions,
and requirements concerning the following factors: spacing and
concentration, traffic control, parking, and noise control relating
to those homes, and complies with subdivision (e) and any regulations
adopted by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall take
into consideration the noise levels generated by children. The local
government shall process any required permit as economically as
possible.
Fees charged for review shall not exceed the costs of the review
and permit process. An applicant may request a verification of fees,
and the city, county, or city and county shall provide the applicant
with a written breakdown within 45 days of the request. Beginning
July 1, 2007, the application form for large family day care home
permits shall include a statement of the applicant's right to request
the written fee verification.
Not less than 10 days prior to the date on which the decision will
be made on the application, the zoning administrator or person
designated to handle the use permits shall give notice of the
proposed use by mail or delivery to all owners shown on the last
equalized assessment roll as owning real property within a 100-foot
radius of the exterior boundaries of the proposed large family day
care home. A hearing on the application for a permit issued pursuant
to this paragraph shall not be held before a decision is made unless
a hearing is requested by the applicant or other affected person. The
applicant or other affected person may appeal the decision. The
appellant shall pay the cost, if any, of the appeal.
(b) In connection with any action taken pursuant to paragraph (2)
or (3) of subdivision (a), a city, county, or city and county shall
do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city and
county, including information about other permits that may be
required by other departments in the city, county, or city and
county, or by other public agencies. The city, county, or city and
county shall, upon request of any applicant, also provide information
about the anticipated length of time for reviewing and processing
the permit application.
(2) Upon the request of an applicant, provide information on the
breakdown of any individual fees charged in connection with the
issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated final cost
to the applicant of the permit, and procedures for receiving a refund
from the portion of the deposit not used.
(c) A large family day care home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) Use of a single-family dwelling for the purposes of a large
family day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(e) Large family day care homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to
promote the fire and life safety of the
children in these homes adopted by the State Fire
Marshal pursuant to this subdivision. The State Fire Marshal shall
adopt separate building standards specifically relating to the
subject of fire and life safety in large family day care homes which
shall be published in Title 24 of the California Code of Regulations.
These standards shall apply uniformly throughout the state and shall
include, but not be limited to: (1) the requirement that a large
family day care home contain a fire extinguisher or smoke detector
device, or both, which meets standards established by the State Fire
Marshal; (2) specification as to the number of required exits from
the home; and (3) specification as to the floor or floors on which
day care may be provided. Enforcement of these provisions shall be in
accordance with Sections 13145 and 13146. No city, county, city and
county, or district shall adopt or enforce any building ordinance or
local rule or regulation relating to the subject of fire and life
safety in large family day care homes which is inconsistent with
those standards adopted by the State Fire Marshal, except to the
extent the building ordinance or local rule or regulation applies to
single-family residences in which day care is not provided.
(f) The State Fire Marshal shall adopt the building standards
required in subdivision (d) and any other regulations necessary to
implement this section.
SEC. 160. Section 1604.6 of the Health and Safety Code is amended
to read:
1604.6. (a) Notwithstanding any other provision of law, in order
to provide umbilical cord blood banking storage services, a blood
bank shall be licensed pursuant to this chapter. Any additional
standards for blood banks to store umbilical cord blood may be
implemented by the department through the adoption of regulations.
(b) (1) The department may adopt emergency regulations to
implement and make specific subdivision (a) in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. For purposes of the Administrative
Procedure Act, the adoption of regulations shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare.
(2) (A) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
these emergency regulations shall not be subject to the review and
approval of the Office of Administrative Law. Notwithstanding
Sections 11346.1 and 11349.6 of the Government Code, the department
shall submit these regulations directly to the Secretary of State for
filing.
(B) Emergency regulations adopted pursuant to this section shall
become effective immediately upon filing by the Secretary of State,
shall be subject to public hearing within 120 days of filing with the
Secretary of State, and shall comply with Sections 11346.8 and
11346.9 of the Government Code, or shall be repealed by the
department.
(3) The Office of Administrative Law shall provide for the
printing and publication of emergency regulations adopted pursuant to
this section in the California Code of Regulations.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and subject
to subparagraph (B) of paragraph (2), the emergency regulations
adopted pursuant to this subdivision shall not be repealed by the
Office of Administrative Law and shall remain in effect until revised
or repealed by the department.
SEC. 161. Section 11162.1 of the Health and Safety Code is amended
to read:
11162.1. (a) The prescription forms for controlled substances
shall be printed with the following features:
(1) A latent, repetitive "void" pattern shall be printed across
the entire front of the prescription blank; if a prescription is
scanned or photocopied, the word "void" shall appear in a pattern
across the entire front of the prescription.
(2) A watermark shall be printed on the backside of the
prescription blank; the watermark shall consist of the words
"California Security Prescription."
(3) A chemical void protection that prevents alteration by
chemical washing.
(4) A feature printed in thermochromic ink.
(5) An area of opaque writing so that the writing disappears if
the prescription is lightened.
(6) A description of the security features included on each
prescription form.
(7) (A) Six quantity check off boxes shall be printed on the form
and the following quantities shall appear:
1-24
25-49
50-74
75-100
101-150
151 and over.
(B) In conjunction with the quantity boxes, a space shall be
provided to designate the units referenced in the quantity boxes when
the drug is not in tablet or capsule form.
(8) Prescription blanks shall contain a statement printed on the
bottom of the prescription blank that the "Prescription is void if
the number of drugs prescribed is not noted."
(9) The preprinted name, category of licensure, license number,
federal controlled substance registration number of the prescribing
practitioner.
(10) Check boxes shall be printed on the form so that the
prescriber may indicate the number of refills ordered.
(11) The date of origin of the prescription.
(12) A check box indicating the prescriber's order not to
substitute.
(13) An identifying number assigned to the approved security
printer by the Department of Justice.
(14) (A) A check box by the name of each prescriber when a
prescription form lists multiple prescribers.
(B) Each prescriber who signs the prescription form shall identify
himself or herself as the prescriber by checking the box by his or
her name.
(b) Each batch of controlled substance prescription forms shall
have the lot number printed on the form and each form within that
batch shall be numbered sequentially beginning with the numeral one.
(c) (1) A prescriber designated by a licensed health care
facility, a clinic specified in Section 1200, or a clinic specified
in subdivision (a) of Section 1206 that has 25 or more physicians or
surgeons may order controlled substance prescription forms for use by
prescribers when treating patients in that facility without the
information required in paragraph (9) of subdivision (a) or paragraph
(3) of this subdivision.
(2) Forms ordered pursuant to this subdivision shall have the
name, category of licensure, license number, and federal controlled
substance registration number of the designated prescriber and the
name, address, category of licensure, and license number of the
licensed health care facility the clinic specified in Section 1200,
or the clinic specified in subdivision (a) of Section 1206 that has
25 or more physicians or surgeons preprinted on the form.
(3) Forms ordered pursuant to this section shall not be valid
prescriptions without the name, category of licensure, license
number, and federal controlled substance registration number of the
prescriber on the form.
(4) (A) Except as provided in subparagraph (B), the designated
prescriber shall maintain a record of the prescribers to whom the
controlled substance prescription forms are issued, that shall
include the name, category of licensure, license number, federal
controlled substance registration number, and quantity of controlled
substance prescription forms issued to each prescriber. The record
shall be maintained in the health facility for three years.
(B) Forms ordered pursuant to this subdivision that are printed by
a computerized prescription generation system shall not be subject
to subparagraph (A) or paragraph (7) of subdivision (a). Forms
printed pursuant to this subdivision that are printed by a
computerized prescription generation system may contain the
prescriber's name, category of professional licensure, license
number, federal controlled substance registration number, and the
date of the prescription.
(d) This section shall become operative on July 1, 2004.
SEC. 162. Section 11592 of the Health and Safety Code is amended
to read:
11592. Any person who, on or after the effective date of this
section is discharged or paroled from a jail, prison, school, road
camp, or other institution where he or she was confined because of
the commission or attempt to commit one of the offenses described in
Section 11590 shall, prior to such discharge, parole, or release, be
informed of his or her duty to register under that section by the
official in charge of the place of confinement and the official shall
require the person to read and sign such form as may be required by
the Department of Justice, stating that the duty of the person to
register under this section has been explained to him or her. The
official in charge of the place of confinement shall obtain the
address where the person expects to reside upon his or her discharge,
parole, or release and shall report that address to the Department
of Justice. The official in charge of the place of confinement shall
give one copy of the form to the person, and shall send two copies to
the Department of Justice, which, in turn, shall forward one copy to
the appropriate law enforcement agency having local jurisdiction
where the person expects to reside upon his or her discharge, parole,
or release.
SEC. 163. Section 11773.1 of the Health and Safety Code is amended
to read:
11773.1. (a) The department may accept voluntary contributions,
in cash or in-kind, to pay for the costs of implementing the program
under this article. Voluntary contributions shall be deposited into
the California Methamphetamine Abuse Prevention Account, which is
hereby created in the State Treasury. Only private moneys, donated
for the purposes of this article, may be deposited into the account.
Moneys in the account are hereby appropriated to the department for
the purposes of this article for the 2006-07 fiscal year. The
Legislature may appropriate moneys in the account for subsequent
fiscal years in the annual Budget Act or any other act.
(b) Notwithstanding subdivision (a), during the 2006-07 fiscal
year, the department shall develop and implement the campaign
established under this article only upon a determination by the
Director of Finance that sufficient private donations have been
collected and deposited into the California Methamphetamine Abuse
Prevention Account. If sufficient funds are collected and deposited,
the Director of Finance shall file a written notice thereof with the
Secretary of State.
(c) Except as provided in subdivision (b) of Section 11773.2, for
purposes of this article, "sufficient private donations" means funds
in the amount of at least twelve million dollars ($12,000,000).
SEC. 164. Section 18080.5 of the Health and Safety Code is amended
to read:
18080.5. (a) A numbered report of sale, lease, or rental form
issued by the department shall be submitted each time the following
transactions occur by or through a dealer:
(1) Whenever a manufactured home, mobilehome, or commercial coach
previously registered pursuant to this part is sold, leased with an
option to buy, or otherwise transferred.
(2) Whenever a manufactured home, mobilehome, or commercial coach
not previously registered in this state is sold, rented, leased,
leased with an option to buy, or otherwise transferred.
(b) The numbered report of sale, lease, or rental forms shall be
used and distributed in accordance with the following terms and
conditions:
(1) A copy of the form shall be delivered to the purchaser.
(2) All fees and penalties due for the transaction that were
required to be reported with the report of sale, lease, or rental
form shall be paid to the department within 10 calendar days from the
date the transaction is completed, as specified by subdivision (e).
Penalties due for noncompliance with this paragraph shall be paid by
the dealer. The dealer shall not charge the consumer for those
penalties.
(3) Notice of the registration or transfer of a manufactured home
or mobilehome shall be reported pursuant to subdivision (d).
(4) The original report of sale, lease, or rental form, together
with all required documents to report the transaction or make
application to register or transfer a manufactured home, mobilehome,
or commercial coach, shall be forwarded to the department. Any
application shall be submitted within 10 calendar days from the date
the transaction was required to be reported, as defined by
subdivision (e).
(c) A manufactured home, mobilehome, or commercial coach
displaying a copy of the report of sale, lease, or rental may be
occupied without registration decals or registration card until the
registration decals and registration card are received by the
purchaser.
(d) In addition to the other requirements of this section, every
dealer upon transferring by sale, lease, or otherwise any
manufactured home or mobilehome shall, not later than the 10th
calendar day thereafter, not counting the date of sale, give written
notice of the transfer to the assessor of the county where the
manufactured home or mobilehome is to be installed. The written
notice shall be upon forms provided by the department containing any
information that the department may require, after consultation with
the assessors. Filing of a copy of the notice with the assessor in
accordance with this section shall be in lieu of filing a change of
ownership statement pursuant to Sections 480 and 482 of the Revenue
and Taxation Code.
(e) Except for transactions subject to Section 18035.26, for
purposes of this section, a transaction by or through a dealer shall
be deemed completed and consummated and any fees and the required
report of sale, lease, or rental are due when any of the following
occurs:
(1) The purchaser of any commercial coach has signed a purchase
contract or security agreement or paid any purchase price, the lessee
of a new commercial coach has signed a lease agreement or lease with
an option to buy or paid any purchase price, or the lessee of a used
commercial coach has either signed a lease with an option to buy or
paid any purchase price, and the purchaser or lessee has taken
physical possession or delivery of the commercial coach.
(2) For sales subject to Section 18035, when all the amounts other
than escrow fees and amounts for uninstalled or undelivered
accessories are disbursed from the escrow account.
(3) For sales subject to Section 18035.2, when the installation is
complete and a certificate of occupancy is issued.
SEC. 165. Section 38505 of the Health and Safety Code is amended
to read:
38505. For the purposes of this division, the following terms
have the following meanings:
(a) "Allowance" means an authorization to emit, during a specified
year, up to one ton of carbon dioxide equivalent.
(b) "Alternative compliance mechanism" means an action undertaken
by a greenhouse gas emission source that achieves the equivalent
reduction of greenhouse gas emissions over the same time period as a
direct emission reduction, and that is approved by the state board.
"Alternative compliance mechanism" includes, but is not limited to, a
flexible compliance schedule, alternative control technology, a
process change, or a product substitution.
(c) "Carbon dioxide equivalent" means the amount of carbon dioxide
by weight that would produce the same global warming impact as a
given weight of another greenhouse gas, based on the best available
science, including from the Intergovernmental Panel on Climate
Change.
(d) "Cost-effective" or "cost-effectiveness" means the cost per
unit of reduced emissions of greenhouse gases adjusted for its global
warming potential.
(e) "Direct emission reduction" means a greenhouse gas emission
reduction action made by a greenhouse gas emission source at that
source.
(f) "Emissions reduction measure" means programs, measures,
standards, and alternative compliance mechanisms authorized pursuant
to this division, applicable to sources or categories of sources,
that are designed to reduce emissions of greenhouse gases.
(g) "Greenhouse gas" or "greenhouse gases" includes all of the
following gases: carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(h) "Greenhouse gas emissions limit" means an authorization,
during a specified year, to emit up to a level of greenhouse gases
specified by the state board, expressed in tons of carbon dioxide
equivalents.
(i) "Greenhouse gas emission source" or "source" means any source,
or category of sources, of greenhouse gas emissions whose emissions
are at a level of significance, as determined by the state board,
that its participation in the program established under this division
will enable the state board to effectively reduce greenhouse gas
emissions and monitor compliance with the statewide greenhouse gas
emissions limit.
(j) "Leakage" means a reduction in emissions of greenhouse gases
within the state that is offset by an increase in emissions of
greenhouse gases outside the state.
(k) "Market-based compliance mechanism" means either of the
following:
(1) A system of market-based declining annual aggregate emissions
limitations for sources or categories of sources that emit greenhouse
gases.
(2) Greenhouse gas emissions exchanges, banking, credits, and
other transactions, governed by rules and protocols established by
the state board, that result in the same greenhouse gas emission
reduction, over the same time period, as direct compliance with a
greenhouse gas emission limit or emission reduction measure adopted
by the state board pursuant to this division.
(l) "State board" means the State Air Resources Board.
(m) "Statewide greenhouse gas emissions" means the total annual
emissions of greenhouse gases in the state, including all emissions
of greenhouse gases from the generation of electricity delivered to
and consumed in California, accounting for transmission and
distribution line losses, whether the electricity is generated in
state or imported. Statewide emissions shall be expressed in tons of
carbon dioxide equivalents.
(n) "Statewide greenhouse gas emissions limit" or "statewide
emissions limit" means the maximum allowable level of statewide
greenhouse gas emissions in 2020, as determined by the state board
pursuant to Part 3 (commencing with Section 38550).
SEC. 166. Section 43869 of the Health and Safety Code is amended
to read:
43869. (a) The state board shall, no later than July 1, 2008,
develop and, after at least two public workshops, adopt hydrogen fuel
regulations to ensure the following:
(1) That state funding for the production and use of hydrogen
fuel, as described in the California Hydrogen Highway Blueprint Plan,
contributes to the reduction of greenhouse gas emissions, criteria
air pollutant emissions, and toxic air contaminant emissions. The
regulations shall, at a minimum, do all of the following:
(A) Require that, on a statewide basis, well-to-wheel emissions of
greenhouse gases for the average hydrogen-powered vehicle fueled by
hydrogen from fueling stations that receive state funds are at least
30 percent lower than emissions for the average new gasoline vehicle
in California when measured on a per-mile basis.
(B) (i) Require that, on a statewide basis, no less than 33.3
percent of the hydrogen produced for, or dispensed by, fueling
stations that receive state funds be made from eligible renewable
energy resources as defined in subdivision (a) of Section 399.12 of
the Public Utilities Code.
(ii) If the state board determines that there is insufficient
availability of hydrogen fuel from eligible renewable resources to
meet the 33.3-percent requirement of this clause, the state board
may, after at least one public workshop and on a one-time basis,
reduce the requirement by an amount, not to exceed 10 percentage
points, that the state board determines is necessary to result in a
renewable percentage requirement for hydrogen fuel that is
achievable.
(iii) If the executive officer of the state board determines that
it is not feasible for a public transit operator to use hydrogen fuel
made from eligible renewable resources, the executive officer may
exempt the operator from this clause for a period of not more than
five years and may extend the exemption for up to five additional
years.
(C) Prohibit hydrogen fuel producers from counting as a renewable
energy resource, pursuant to clause (i) of subparagraph (B), any
electricity produced from sources previously procured by a retail
seller and verifiably counted by the retail seller towards meeting
the renewables portfolio standard obligation, as required by Article
16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of
Division 1 of the Public Utilities Code.
(D) Require that all hydrogen fuel dispensed from fueling stations
that receive state funds be generated in a manner so that local
well-to-tank emissions of nitrogen oxides plus reactive organic gases
are at least 50 percent lower than well-to-tank emissions of the
average motor gasoline sold in California when measured on an energy
equivalent basis.
(E) Require that well-to-tank emissions of relevant toxic air
contaminants for hydrogen fuel dispensed from fueling stations that
receive state funds be reduced to the maximum extent feasible at each
site when compared to well-to-tank emissions of toxic air
contaminants of the average motor gasoline fuel on an
energy-equivalent basis. In no case shall the toxic emissions be
greater than the emissions from gasoline on an energy equivalent
basis.
(F) Require that providers of hydrogen fuel for transportation in
the state report to the state board the annual mass of hydrogen fuel
dispensed and the method by which the dispensed hydrogen was produced
and delivered.
(G) Authorize the state board, after at least one public workshop,
to grant authority to the executive officer of the state board to
exempt from this paragraph, for a period of no more than five years,
hydrogen dispensing facilities constructed for small demonstration or
temporary purposes. The exemption may be extended on a case-by-case
basis upon a finding that the extension will not harm public health.
The executive officer may limit the total number of exemptions by
geographic region, including by air district, but the average annual
mass of hydrogen dispensed from exempted facilities shall not exceed
10 percent of the total mass of hydrogen fuel dispensed for
transportation purposes in the state.
(2) That, in any year immediately following a 12-month period in
which the mass of hydrogen fuel dispensed for transportation purposes
in California exceeds 3,500 metric tons, the production and direct
use of hydrogen fuels for motor vehicles in the state, including, but
not limited to, any hydrogen highway network that is developed
pursuant to the California Hydrogen Highway Blueprint Plan,
contributes to a reduced dependence on petroleum, as well as
reductions in greenhouse gas emissions, criteria air pollutant
emissions, and toxic air contaminant emissions. For the purpose of
this paragraph, the regulations, at a minimum, shall do all of the
following:
(A) Require that, on a statewide basis, well-to-wheel emissions of
greenhouse gases for the average hydrogen-powered vehicle in
California are at least 30 percent lower than emissions for the
average new gasoline vehicle in California when measured on a
per-mile basis.
(B) Require that, on a statewide basis, no less than 33.3 percent
of the hydrogen produced or dispensed in California for motor
vehicles be made from eligible renewable energy resources as defined
in subdivision (a) of Section 399.12 of the Public Utilities Code.
(C) Prohibit hydrogen fuel producers from counting as a renewable
energy resource, for the purposes of subparagraph (B), any
electricity produced from sources previously procured by a retail
seller and verifiably counted by the retail seller towards meeting
the requirements established by the California Renewables Portfolio
Standard Program, as set forth in Article 16 (commencing with Section
399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code.
(D) Require that all hydrogen fuel dispensed in California for
motor vehicles be generated in a manner so that local well-to-tank
emissions of nitrogen oxides plus reactive organic gases are at least
50 percent lower than well-to-tank emissions of the average motor
gasoline sold in California when measured on an energy equivalent
basis.
(E) Require that well-to-tank emissions of relevant toxic air
contaminants from hydrogen fuel produced or dispensed in California
be reduced to the maximum extent feasible at each site when compared
to well-to-tank emissions of toxic air contaminants of the average
motor gasoline fuel on an energy-equivalent basis. In no case shall
the toxic emissions from hydrogen fuel be greater than the toxic
emissions from gasoline on an energy-equivalent basis.
(F) Authorize the state board, after at least one public workshop,
to grant authority to the executive officer of the state board to
exempt from this paragraph, for a period of no more than five years,
hydrogen dispensing facilities that dispense an average of no more
than 100 kilograms of hydrogen fuel per month. The exemption may be
extended on a case-by-case basis by the executive officer upon a
finding that the extension will not harm public health. The executive
officer may limit the total number of exemptions by geographic
region, including by air district, but the average annual mass of
hydrogen dispensed statewide from exempted facilities shall not
exceed 10 percent of the total mass of hydrogen fuel dispensed for
transportation purposes in the state.
(G) Authorize the state board, if it determines that reporting is
necessary to facilitate enforcement of the requirements of this
paragraph, to require that providers of hydrogen fuel for
transportation in the state report to the state board the annual mass
of hydrogen fuel dispensed and the method by which the dispensed
hydrogen was produced and delivered.
(b) Notwithstanding paragraph (2) of subdivision (a), the state
board may increase the 3,500-metric-ton threshold in paragraph (2) of
subdivision (a) by no more than 1,500 metric tons if at least one of
the following requirements is met:
(1) The 3,500-metric-ton threshold is first met prior to January
1, 2011.
(2) The state board determines that the 3,500-metric-ton threshold
has been met primarily due to hydrogen fuel consumed in heavy duty
vehicles.
(3) The state board determines at a public hearing that increasing
the threshold would accelerate the deployment of hydrogen fuel cell
vehicles in the state.
(c) The state board, in consultation with other relevant agencies
as appropriate, shall review the renewable resource requirements
adopted pursuant to this section every four years and shall increase
the renewable resource percentage requirements if it determines that
it is technologically feasible to do so and will not substantially
hinder the development of hydrogen as a transportation fuel in a
manner that is consistent with this section.
(d) The state board shall review the emission requirements adopted
pursuant to this section every four years and shall strengthen the
requirements if it determines it is technologically feasible to do so
and will not substantially hinder the development of hydrogen as a
transportation fuel in a manner that is otherwise consistent with
this section.
(e) The state board shall produce and periodically update a
handbook to inform and educate motor vehicle manufacturers, hydrogen
fuel producers, hydrogen service station operators, and other
interested parties on how to comply with this section. This handbook
shall be made available on the agency's Internet Web site on or
before July 1, 2009.
(f) The Secretary for Environmental Protection shall convene the
California Environmental Protection Agency's Environmental Justice
Advisory Committee at least once annually to solicit the committee's
comments on the production and distribution of hydrogen fuel in the
state.
(g) The Secretary for Environmental Protection, in consultation
with the state board, shall recommend to the Legislature and the
Governor, on or before January 1, 2010, incentives that could be
offered to businesses within the hydrogen fuel industry and consumers
to spur the development of clean sources of hydrogen fuel.
(h) Unless the context requires otherwise, the definitions set
forth in this subdivision govern the construction of this section:
(1) "Well-to-tank emissions" means emissions resulting from
production of a fuel, including resource extraction, initial
processing, transport, fuel production, distribution and marketing,
and delivery into the fuel tank of a consumer vehicle.
(2) "Well-to-wheel emissions" means emissions resulting from
production of a fuel, including resource extraction, initial
processing, transport, fuel production, distribution and marketing,
and delivery and use in a consumer vehicle.
SEC. 167. Section 44525.6 of the Health and Safety Code is amended
to read:
44525.6. (a) Commencing in 2002, and annually thereafter, the
authority shall submit a report to the Legislature regarding the loan
program described in subdivision (g) of Section 44526 describing the
total amount of loans issued pursuant to subdivision (g) of Section
44526 in the previous calendar year, the amount of each loan issued,
and a description of the programs awarded funding.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2012, deletes or extends that
date.
SEC. 168. Section 53533 of the Health and Safety Code is amended
to read:
53533. (a) Moneys deposited in the fund from the sale of bonds
pursuant to this part shall be allocated for expenditure in
accordance with the following schedule:
(1) Nine hundred ten million dollars ($910,000,000) shall be
transferred to the Housing Rehabilitation Loan Fund to be expended
for the Multifamily Housing Program authorized by Chapter 6.7
(commencing with Section 50675) of Part 2, except for the following:
(A) Fifty million dollars ($50,000,000) shall be transferred to
the Preservation Opportunity Fund and, notwithstanding Section 13340
of the Government Code, is continuously appropriated without regard
to fiscal years for the preservation of at-risk housing pursuant to
Chapter 5 (commencing with Section 50600) of Part 2.
(B) Twenty million dollars ($20,000,000) shall be used for
nonresidential space for supportive services, including, but not
limited to, job training, health services, and child care within, or
immediately proximate to, projects to be funded under the Multifamily
Housing Program. This funding shall be in addition to any applicable
per-unit or project loan limits and may be in the form of a grant.
Service providers shall ensure that services are available to project
residents on a priority basis over the general public.
(C) Twenty-five million dollars ($25,000,000) shall be used for
matching grants to local housing trust funds pursuant to Section
50843.
(D) Fifteen million dollars ($15,000,000) shall be used for
student housing through the Multifamily Housing Program, subject to
the following provisions:
(i) The department shall give first priority for projects on land
owned by a University of California or California State University
campus. Second priority shall be given to projects located within one
mile of a University of California or California State University
campus that is suffering from a severe shortage of housing and
limited availability of developable land as determined by the
department. Those determinations shall be set forth in the Notice of
Funding Availability and shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of
the Government Code.
(ii) All funds shall be matched on a one-to-one basis from private
sources or by the University of California or California State
University. For the purposes of this subparagraph, "University of
California" includes the Hastings College of the Law.
(iii) Occupancy for the units shall be restricted to students
enrolled on a full-time basis in the University of California or
California State University.
(iv) Income eligibility pursuant to the Multifamily Housing
Program shall be established by verification of the combined income
of the student and his or her family.
(v) Any funds not used for this purpose within 24 months of the
date that the funds are made available shall be awarded pursuant to
subdivision (a) for the Downtown Rebound Program as set forth in
paragraph (3) of subdivision (a) of Section 50898.1.
(E) Any funds not encumbered for the purposes set forth in this
paragraph, except subparagraph (D), within 30 months of availability
shall revert to the Housing Rehabilitation Loan Fund created by
Section 50661 for general use in the Multifamily Housing Program.
(2) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Emergency Housing and Assistance Fund to be
expended for the Emergency Housing and Assistance Program authorized
by Chapter 11.5 (commencing with Section 50800) of Part 2.
(3) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended
for supportive housing projects under the Multifamily Housing
Program authorized by Chapter 6.7 (commencing with Section 50675) of
Part 2, to serve individuals and households moving from emergency
shelters or transitional housing or those at risk of homelessness.
(4) Two hundred million dollars ($200,000,000) shall be
transferred to the Joe Serna, Jr. Farmworker Housing Grant Fund to be
expended for farmworker housing programs authorized by Chapter 3.2
(commencing with Section 50517.5) of Part 2, except for the
following:
(A) Twenty-five million dollars ($25,000,000) shall be used for
projects that serve migratory agricultural workers as defined in
subdivision (i) of Section 7602 of Title 25 of the California Code of
Regulations. If, after July 1, 2003, funds remain after the approval
of all feasible applications, the department shall be deemed an
eligible recipient for the purposes of reconstructing migrant centers
operated through the Office of Migrant Services pursuant to Chapter
8.5 (commencing with Section 50710) that would otherwise be scheduled
for closure due to health or safety considerations or are in need of
significant repairs to ensure the health and safety of the
residents. Of the moneys allocated by this subparagraph, the
department shall receive fifteen million dollars ($15,000,000) for
these purposes subject to the following conditions and requirements:
(i) The amount available to the department as a recipient shall be
limited to ten million seven hundred thousand dollars ($10,700,000)
prior to September 1, 2006. The department may receive up to four
million three hundred thousand dollars ($4,300,000) in additional
funds after that date and prior to July 1, 2007, to the extent that
unencumbered funds are available.
(ii) The department shall make at least eight million one hundred
fifty-nine thousand dollars ($8,159,000) available for flexible loans
and grants for projects that serve migratory agricultural workers
pursuant to subdivision (a) of Section 50517.10. These funds shall be
available for encumbrance until September 1, 2006.
(iii) Any funds allocated by this subparagraph remaining
unencumbered on July 1, 2007, shall revert for general use in the Joe
Serna, Jr. Farmworker Housing Grant Program.
(B) Twenty million dollars ($20,000,000) shall be used for
developments that also provide health services to the residents.
Recipients of these funds shall be required to provide ongoing
monitoring of funded developments to ensure compliance with the
requirements of the Joe Serna, Jr. Farmworker Housing Grant Program.
Projects receiving funds through this allocation shall be ineligible
for funding through the Joe Serna, Jr. Farmworker Housing Grant
Program.
(C) Except as provided in subparagraph (A), funds not encumbered
for the purposes set forth in this paragraph within 30 months of
availability shall revert for general use in the Joe Serna, Jr.
Farmworker Housing Grant Program.
(5) Two hundred five million dollars ($205,000,000) shall be
transferred to the Self-Help Housing Fund. Notwithstanding Section
13340 of the Government Code and Section 50697.1, these funds are
hereby continuously appropriated without regard to fiscal years to
the department to be expended for the purposes of the CalHome Program
authorized by Chapter 6 (commencing with Section 50650) of Part 2,
except for the following:
(A) Seventy-five million dollars ($75,000,000) shall be
transferred to the Building Equity and Growth in Neighborhoods Fund
to be used for the Building Equity and Growth in Neighborhoods
(BEGIN) Program pursuant to Chapter 4.5 (commencing with Section
50860) of Part 1.
(B) Five million dollars ($5,000,000) shall be used to provide
grants to cities, counties, cities and counties, and nonprofit
organizations to provide grants for lower income tenants with
disabilities for the purpose of making exterior modifications to
rental housing in order to make that housing accessible to persons
with disabilities. For the purposes of this subparagraph, "exterior
modifications" includes modifications that are made to entryways or
to common areas of the structure or property. The program provided
for under this subparagraph shall not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Title 2 of the
Government Code.
(C) Ten million dollars ($10,000,000) shall be expended for
construction management under the California Self-Help Housing
Program pursuant to subdivision (b) of Section 50696.
(D) Any funds not encumbered for the purposes set forth in this
paragraph within 30 months of availability shall revert for general
use in the CalHome Program.
(6) Five million dollars ($5,000,000) shall be transferred to the
Housing Rehabilitation Loan Fund to be expended for capital
expenditures in support of local code enforcement and compliance
programs. This allocation shall not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Title 2 of the
Government Code. If the moneys allocated pursuant to this paragraph
are not expended within three years after being transferred, the
department may, in its discretion, transfer the moneys to the Housing
Rehabilitation Loan Fund to be expended for the Multifamily Housing
Program.
(7) Two hundred ninety million dollars ($290,000,000) shall be
transferred to the Self-Help Housing Fund. Notwithstanding Section
50697.1, these funds are hereby continuously appropriated to the
agency to be expended for the purposes of the California Homebuyer's
Downpayment Assistance Program authorized by Chapter 11 (commencing
with Section 51500) of Part 3, except for the following:
(A) Fifty million dollars ($50,000,000) shall be transferred to
the School Facilities Fee Assistance Fund as provided by subdivision
(a) of Section 51453 to be used for the Homebuyer Down Payment
Assistance Program of 2002 established by Section 51451.5.
(B) Eighty-five million dollars ($85,000,000) shall be transferred
to the California Housing Loan Insurance Fund to be used for
purposes of Part 4 (commencing with Section 51600). The agency may
transfer these moneys as often as quarterly in amounts that shall not
exceed the dollar amount of new insurance written by the agency
during the preceding quarter for loans for the purchase of homes made
to owner-occupant borrowers with incomes not exceeding 120 percent
of the area median income, divided by the risk-to-capital ratio
required for the maintenance of satisfactory credit ratings from
nationally recognized credit rating services.
(C) (i) Twelve million five hundred thousand dollars ($12,500,000)
shall be reserved for downpayment assistance to low-income
first-time home buyers who, as documented to the agency by a
nonprofit organization certified and funded to provide home ownership
counseling by a federally funded national nonprofit corporation, are
purchasing a residence in a community revitalization area targeted
by the nonprofit organization and who have received home ownership
counseling from the nonprofit organization. Community revitalization
areas shall be limited to targeted neighborhoods identified by
qualified nonprofit organizations as those neighborhoods in need of
economic stimulation, renovation, and rehabilitation through efforts
that include increased home ownership opportunities for low-income
families.
(ii) Effective January 1, 2004, 50 percent of the funds available
pursuant to clause (i) shall be available for downpayment assistance
in an amount not to exceed 6 percent of the home sale price.
(iii) After 12 months of availability, if more than 50 percent of
the funds set aside pursuant to clause (ii) have been encumbered, the
agency shall discontinue that program and make all remaining funds
available for downpayment assistance pursuant to clause (i). If,
however, less than 50 percent of the funds allocated pursuant to
clause (ii) are encumbered after that 12-month period, the agency
may, at its sole discretion, either make all remaining funds provided
pursuant to clause (i) available for the purpose of clause (ii), or
may continue to implement clause (ii) until all of the funds
allocated for that purpose as of January 1, 2004, have been
encumbered.
(D) Twenty-five million dollars ($25,000,000) shall be used for
downpayment assistance pursuant to Section 51505. After 18 months of
availability, if the agency determines that the funds set aside
pursuant to this section will not be utilized for purposes of Section
51505, these funds shall be available for the general use of the
agency for the purposes of the California Homebuyer's Downpayment
Assistance Program, but may also continue to be available for the
purposes of Section 51505.
(E) Funds not utilized for the purposes set forth in subparagraphs
(B) and (C) within 30 months shall revert for general use in the
California Homebuyer's Downpayment Assistance Program.
(8) One hundred million dollars ($100,000,000) shall be
transferred to the Jobs Housing Improvement Account to be expended as
capital grants to local governments for increasing housing pursuant
to enabling legislation. If the enabling legislation fails to become
law in the 2001-02 Regular Session of the Legislature, the specified
allocation for this program shall be void and the funds shall revert
for general use in the Multifamily Housing Program as specified in
paragraph (1) of subdivision (a).
(b) No portion of the moneys allocated pursuant to this section
may be expended for project operating costs, except that this section
does not preclude expenditures for operating costs from reserves
required to be maintained by or on behalf of the project sponsor.
(c) The Legislature may, from time to time, amend the provisions
of law related to programs to which funds are, or have been,
allocated pursuant to this section for the purpose of improving the
efficiency and effectiveness of the program, or for the purpose of
furthering the goals of the program.
(d) The Bureau of State Audits shall conduct periodic audits to
ensure that bond proceeds are awarded in a timely fashion and in a
manner consistent with this part, and that awardees of bond proceeds
are using funds in compliance with applicable provisions of this
part.
SEC. 169. Section 101965 of the Health and Safety Code is amended
to read:
101965. In developing the plan under Section 101963, the task
force shall address all of the following issues:
(a) The following factors regarding the current health of the
population of the county:
(1) The population served.
(2) The health status of each population.
(3) Key health conditions that need to be addressed.
(b) The following factors regarding the economic climate and its
impact on health care:
(1) The characteristics of the regional economy.
(2) Health care and the regional economy.
(c) Expenditures on health care provided to low-income persons,
including all of the following aspects, as related to Los Angeles
County:
(1) The Medi-Cal program and the federal State Children's Health
Insurance Program.
(2) The federal Medicare Program.
(3) Other tax-supported programs.
(4) Other public support of health care programs.
(5) Charity care.
(d) Health care providers serving low-income patients, including
both of the following:
(1) The public system.
(2) The private system.
(e) Effectiveness of all of the following aspects of the public
health care system:
(1) Systemwide priorities.
(2) The public health and communicable disease.
(3) Preventive care.
(4) Primary care.
(5) Specialty care.
(6) Emergency and trauma care.
(7) Inpatient care.
(8) Pharmacies.
(9) Gaps in the current system of care.
(10) Disease management.
(f) The following aspects of partnerships with academic medical
institutions:
(1) History.
(2) Faculty contract.
(3) Medical staff leadership.
(4) Long-term planning issues.
(g) The following issues in system financing:
(1) Adequate leveraging of local resources.
(2) Maintenance of adequate revenue, local taxes, and taxpayer
equity.
(3) Out-of-county care.
(4) Operational effectiveness.
(5) Financial management and information technology.
(6) Contracts for medical staff.
(7) Additional service opportunities.
(h) The health care workforce, as follows:
(1) Demographics.
(2) Trends.
(3) Critical shortage areas.
(4) Training and development.
(i) Physical plant and facility challenges for the system,
specifically a master plan for capital investment.
(j) Potential provider partnerships with all of the following:
(1) Private hospitals.
(2) Children's hospitals.
(3) Federal Department of Veterans Affairs hospitals.
(4) Academic medical centers.
(5) Community primary care.
(6) Other health care agencies.
(k) System governance, including, but not limited to:
(1) The background of system governance.
(2) The role of local government.
(3) The role of the Los Angeles County Department of Health
Services.
(4) The role of county health-related commissions.
(5) The role of the state government.
(6) The role of the federal government.
SEC. 169.5. Section 106780 of the Health and Safety Code is
amended to read:
106780. (a) Except as provided in Section 106790, no person may
provide radon services for the general public, or represent or
advertise that he or she may provide radon services unless that
person meets both of the following requirements:
(1) Successfully completes the National Radon Measurement
Proficiency Program of the National Environmental Health Association
or the National Radon Safety Board Certified Radon Professional
Program.
(2) Submits to the department a copy of certificate demonstrating
successful completion of either program.
(b) Persons certified to provide radon services shall successfully
complete and submit to the department proof of completion of the
National Radon Measurement Proficiency Program of the National
Environmental Health Association or the National Radon Safety Board
Certified Radon Professional Program every two years after initial
certification.
(c) A copy of the current certificate of completion shall be
submitted to the department at least 14 days prior to conducting
radon services within the state.
SEC. 170. Section 108680 of the Health and Safety Code is amended
to read:
108680. Unless the provisions or the context otherwise requires,
these definitions, rules of construction, and general provisions
shall govern the construction of this chapter. As used in this
chapter:
(a) "Department" means the State Department of Health.
(b) "Household substance" means any substance that is customarily
produced or distributed for sale for consumption or use, or
customarily stored by individuals in or about the household and is
one of the following:
(1) A hazardous substance as that term is defined in Section
108125.
(2) A food, drug, or cosmetic, as those terms are defined in
Sections 109900, 109925, and 109935, that (A) is toxic, (B) is
corrosive, (C) is an irritant, (D) is a strong sensitizer, (E) is
flammable or combustible, or (F) generates pressure through
decomposition, heat, or other means; if it may cause substantial
personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children.
(3) A substance intended for use as fuel when stored in a portable
container and used in the heating, cooking, or refrigeration system
of a residential dwelling.
(c) "Package" means the immediate container or wrapping in which
any household substance is contained for consumption, use, or storage
by individuals in or about the household, and, for purposes of
household substances, also means any outer container or wrapping used
in the retail display of any such substance to consumers.
"Package" does not include the following:
(1) Any shipping container or wrapping used solely for the
transportation of any household substance in bulk or in quantity to
manufacturers, packers, or processors, or to wholesale or retail
distributors thereof.
(2) Any shipping container or outer wrapping used by retailers to
ship or deliver any household substance to consumers unless it is the
only container or wrapping.
(d) "Special packaging" means packaging that is designed or
constructed to be significantly difficult for children under five
years of age to open or obtain a toxic or harmful amount of the
substance contained therein within a reasonable time and not
difficult for normal adults to use properly, but does not mean
packaging that all such children cannot open or obtain a toxic or
harmful amount of within a reasonable time.
(e) "Labeling" means all labels and other written, printed, or
graphic matter upon any household substance or its package, or
accompanying the substance.
(f) "Federal act" means the Poison Prevention Packaging Act of
1970 (15 U.S.C. Sec. 1471 et seq.).
SEC. 171. Section 109280 of the Health and Safety Code is amended
to read:
109280. (a) A standardized written summary in layperson's
language and in a language understood by patients shall be approved
by the department. The department may approve the use of an existing
publication from a recognized cancer authority as the written
summary. Commencing on January 1, 2003, and every three years
thereafter, the department shall review its approval of the use of an
existing publication from a recognized cancer authority as the
written summary to ensure that the approved written summary comprises
timely, new, and revised information regarding prostate cancer
treatment options as the department determines is necessary. The
written summary shall be printed or made available by the Medical
Board of California to physicians and surgeons, concerning the
advantages, disadvantages, risks, and descriptions of procedures with
regard to medically viable and efficacious alternative methods of
treatment of prostate cancer. Physicians and surgeons are urged to
make the summary available to patients when appropriate.
(b) The department and the Medical Board of California shall each
post this summary on its Internet Web site for public use.
(c) If the department updates this summary, it shall send the
updated summary to the Medical Board of California and both the
department and the Medical Board of California shall each post this
updated summary on its Internet Web site.
SEC. 172. Section 110552 of the Health and Safety Code is amended
to read:
110552. (a) The department shall regulate candy to ensure that
the candy is not adulterated.
(b) For the purposes of this chapter, "candy" means any
confectionary intended for individual consumption that contains
chili, tamarind, or any other ingredient identified as posing a
health risk in regulations adopted by the office or department.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Office" means the Office of Environmental Health Hazard
Assessment.
(2) "Adulterated candy" means any candy with lead in excess of the
naturally occurring level. Moreover, candy is adulterated if its
wrapper or the ink on the wrapper contains lead in excess of
standards which the office, in consultation with the department and
the Attorney General, shall establish by July 1, 2006.
(3) "Naturally occurring level" of lead in candy shall be
determined by regulations adopted by the office after consultation
with the department and the Attorney General. For purposes of this
section, the "naturally occurring level" of lead in candy is only
naturally occurring to the extent that it is not avoidable by good
agricultural, manufacturing, and procurement practices, or by other
practices currently feasible. The producer and manufacturer of candy
and candy ingredients shall at
all times use quality control measures that reduce the natural
chemical contaminants to the "lowest level currently feasible" as
this term is used in subsection (c) of Section 110.110 of Title 21 of
the Code of Federal Regulations. The "naturally occurring level" of
lead shall not include any lead in an ingredient resulting from
agricultural equipment, fuels used on or around soils or crops,
fertilizers, pesticides, or other materials that are applied to soils
or crops or added to water used to irrigate soils or crops. The
office shall determine the naturally occurring levels of lead in
candy containing chili and tamarind no later than July 1, 2006. The
office shall determine the naturally occurring levels of lead in
candy containing other ingredients upon request by the department or
the Attorney General, and in the absence of a request, when the
office determines that the presence of the ingredient in candy may
pose a health risk. Until the office adopts regulations determining
the naturally occurring level of lead, the Attorney General's written
determination, if any, including any determination set forth in a
consent judgment entered into by the Attorney General, of the
naturally occurring level of lead in candy or in a candy ingredient
shall be binding for purposes of this section.
(4) "Wrapper" means all packaging materials in contact with the
candy, including, but not limited to, the paper cellophane, plastic
container, stick handle, spoon, small pot (olla), and squeeze tube,
or similar devices. "Wrapper" does not include any part of the
packaging from which lead will not leach, as demonstrated by the
manufacturer, to the satisfaction of the office.
(d) The standards adopted pursuant to paragraphs (2) and (3) of
subdivision (c) shall be reviewed by the office every three-year to
five-year period in order to determine whether advances in scientific
knowledge, the development of better agricultural or manufacturing
practices, or changes in detection limits require revision of the
standards.
(e) The department shall do all of the following:
(1) Ensure that the candy is not adulterated.
(2) Establish procedures for the testing of candy and the
certification of unadulterated candy products. The procedures shall
require candy manufacturers to certify candy as being unadulterated.
The certification shall be based on appropriate sampling and testing
protocols as determined by the office in consultation with the
Attorney General's office.
(3) Through its Food and Drug Branch, test the samples of candy
collected pursuant to this article. The department may test any
candy, including candy tested pursuant to paragraph (3) of
subdivision (e) in order to ensure the candy is unadulterated.
(4) Adopt regulations necessary for the enforcement of this
article.
(5) Evaluate the regulatory process, identify problems, and make
changes or report to the Legislature, as necessary.
(f) If the candy tested pursuant paragraph (2) or (3) of
subdivision (e) is found to be adulterated, the department shall do
both of the following:
(1) Issue health advisory notices to county health departments
alerting them to the danger posed by consumption of the candy.
(2) Notify the manufacturer and the distributor of the candy that
the candy is adulterated, and that the candy may not be sold or
distributed in the state until further testing proves that the candy
is unadulterated.
(g) (1) For any candy found to be adulterated, the manufacturer or
distributor may request that the department test a subsequent sample
of candy. The department shall select the candy to be tested. The
cost of any subsequent sampling and testing shall be borne by the
manufacturer or distributor requesting the additional testing.
(2) If the candy is found to be unadulterated when it is retested,
the department shall provide the manufacturer or distributor and the
county health department with a letter stating that the candy has
been retested and determined to be unadulterated, and that the sale
and distribution of the candy in the state may resume.
(3) If the candy is found to remain adulterated when retested, the
manufacturer or distributor may take corrective measures and
continue to resubmit samples for testing until tests prove the candy
unadulterated.
(h) The department shall convene an interagency collaborative
which is hereby established to serve as an oversight committee for
the implementation of this section and to work with the office in
establishing and revising the required standards. The interagency
collaborative shall be composed of the following members:
(1) The department.
(2) The Childhood Lead Poisoning Branch of the department.
(3) The Food and Drug Branch of the department.
(4) The office.
(5) The office of the Attorney General.
(i) The interagency collaborative may confer with the United
States Consumer Product Safety Commission, the United States Food and
Drug Administration, recognized experts in the field,
representatives of California community environmental justice
organizations and candy manufacturers.
(j) (1) The sale of adulterated candy to California consumers is a
violation of this section. Any person knowingly and intentionally
selling adulterated candy shall be subject to a civil penalty of up
to five hundred dollars ($500) per violation. The regulations adopted
shall provide that funding for this section shall be met in part or
in whole by those penalties, upon appropriation by the Legislature.
(2) In the event that a candy product is found to be adulterated,
the department may recover the costs incurred in the chemical
analysis of that product from the manufacturer or distributor.
(3) Except as expressly set forth in this section, nothing in this
section shall alter or diminish any legal obligation otherwise
required in common law or by statute or regulation, and nothing in
this section shall create or enlarge any defense in any action to
enforce that legal obligation. Penalties imposed under this section
shall be in addition to any penalties otherwise prescribed by law.
(4) This section shall not be the basis for any stay of
proceedings or other order limiting or delaying the prosecution of
any action to enforce Section 25249.6.
SEC. 173. Section 118280 of the Health and Safety Code is amended
to read:
118280. To containerize biohazard bags, a person shall do all of
the following:
(a) The bags shall be tied to prevent leakage or expulsion of
contents during all future storage, handling, or transport.
(b) Biohazardous waste, except biohazardous waste as defined in
subdivision (g) of Section 117635, shall be bagged in accordance with
subdivision (b) of Section 118275 and placed for storage, handling,
or transport in a rigid container that may be disposable, reusable,
or recyclable. Containers shall be leak resistant, have tight-fitting
covers, and be kept clean and in good repair. Containers may be
recycled with the approval of the enforcement agency. Containers may
be of any color and shall be labeled with the words "Biohazardous
Waste" or with the international biohazard symbol and the word
"BIOHAZARD" on the lid and on the sides so as to be visible from any
lateral direction. Containers meeting the requirements specified in
Section 66840 of Title 22 of the California Code of Regulations, as
it read on December 31, 1990, may also be used until the replacement
of the containers is necessary or existing stock has been depleted.
(c) Biohazardous waste shall not be removed from the biohazard bag
until treatment as prescribed in Chapter 8 (commencing with Section
118215) is completed, except to eliminate a safety hazard, or by the
enforcement officer in performance of an investigation pursuant to
Section 117820. Biohazardous waste shall not be disposed of before
being treated as prescribed in Chapter 8 (commencing with Section
118215).
(d) (1) Except as provided in paragraph (5), a person generating
biohazardous waste shall comply with the following requirements:
(A) If the person generates 20 or more pounds of biohazardous
waste per month, the person shall not contain or store biohazardous
or sharps waste above 0* Centigrade (32* Fahrenheit) at any onsite
location for more than seven days without obtaining prior written
approval of the enforcement agency.
(B) If a person generates less than 20 pounds of biohazardous
waste per month, the person shall not contain or store biohazardous
waste above 0* Centigrade (32* Fahrenheit) at any onsite location for
more than 30 days.
(2) A person may store biohazardous or sharps waste at or below 0*
Centigrade (32* Fahrenheit) at an onsite location for not more than
90 days without obtaining prior written approval of the enforcement
agency.
(3) A person may store biohazardous or sharps waste at a permitted
transfer station at or below 0* Centigrade (32* Fahrenheit) for not
more than 30 days without obtaining prior written approval of the
enforcement agency.
(4) A person shall not store biohazardous or sharps waste above 0*
Centigrade (32* Fahrenheit) at any location or facility that is
offsite from the generator for more than seven days before treatment.
(5) Notwithstanding paragraphs (1) to (4), inclusive, if the odor
from biohazardous or sharps waste stored at a facility poses a
nuisance, the enforcement agency may require more frequent removal.
(e) Waste that meets the definition of biohazardous waste in
subdivision (g) of Section 117635 shall not be subject to the
limitations on storage time prescribed in subdivision (d). A person
may store that biohazardous waste at an onsite location for not
longer than 90 days when the container is ready for disposal, unless
prior written approval from the enforcement agency or the department
is obtained. The container shall be emptied at least once a year,
unless prior written approval from the enforcement agency or the
department is obtained. A person may store that biohazardous waste at
a permitted transfer station for not longer than 30 days without
obtaining prior written approval from the enforcement agency or the
department. A person shall not store that biohazardous waste at any
location or facility that is offsite from the generator for more than
30 days before treatment.
(f) The containment and storage time for wastes consolidated in a
common container pursuant to subdivision (h) of Section 118275 shall
not exceed the storage time for any category of waste set forth in
this section.
SEC. 174. Section 120155 of the Health and Safety Code, as added
by Section 1 of Chapter 589 of the Statutes of 2006, is amended to
read:
120155. (a) Any manufacturer or distributor of the influenza
vaccine, or nonprofit health care service plan that exclusively
contracts with a single medical group in a specified geographic area
to provide, or to arrange for the provision of, medical services to
its enrollees, shall report the information described in subdivision
(c) relating to the supply of the influenza vaccine to the department
upon notice from the department.
(b) Within each county or city health jurisdiction, entities that
have possession of, or have a legal right to obtain possession of,
the influenza vaccine, or entities that are conducting or intend to
conduct influenza clinics for the public, their residents, or their
employees, except those entities described in subdivision (a), shall
cooperate with the local health officer in determining local
inventories of influenza vaccine, including providing inventory,
orders, and distribution lists in a timely manner, when necessary.
(c) The information reported pursuant to subdivision (a) shall
include, but is not limited to, the amount of the influenza vaccine
that has been shipped, and the name, address, and, if applicable, the
telephone number of the recipient.
(d) Subdivisions (a), (b), and (c) shall not apply to a physician
and surgeon practice, unless the practice is an occupational health
provider who conducts influenza vaccination campaigns on behalf of a
corporation.
(e) It is the intent of the Legislature in enacting this section
to assist small physician and surgeon practices, nursing facilities,
and other health care providers that provide care for patients at
risk of illness or death from influenza by facilitating the sharing
of vaccine supplies, if necessary, between providers within a local
jurisdiction.
(f) If a business believes that the information required by this
section involves the release of a trade secret, the business shall
nevertheless disclose the information to the department, and shall
notify the department in writing of that belief at the time of
disclosure. As used in this section, "trade secret" has the meanings
given to it by Section 6254.7 of the Government Code and Section 1060
of the Evidence Code. Any information, including identifying
information, including, but not limited to, the name of the agent or
contact person of an entity that receives the influenza vaccine from
a manufacturer or distributor, or nonprofit health care service plan
described in subdivision (a), and the receiving entity's address and
telephone number, that is reported pursuant to this section shall not
be disclosed by the department to anyone, except to an officer or
employee of the county, city, city and county, or the state in
connection with the official duties of that officer or employee to
protect the public health.
SEC. 175. Section 120440 of the Health and Safety Code is amended
to read:
120440. (a) For the purposes of this chapter, the following
definitions shall apply:
(1) "Health care provider" means any person licensed pursuant to
Division 2 (commencing with Section 500) of the Business and
Professions Code or a clinic or health facility licensed pursuant to
Division 2 (commencing with Section 1200).
(2) "Schools, child care facilities, and family child care homes"
means those institutions referred to in subdivision (b) of Section
120335, regardless of whether they directly provide immunizations to
patients or clients.
(3) "WIC service provider" means any public or private nonprofit
agency contracting with the department to provide services under the
California Special Supplemental Food Program for Women, Infants, and
Children, as provided for in Article 2 (commencing with Section
123275) of Chapter 1 of Part 2 of Division 106.
(4) "Health care plan" means a health care service plan as defined
in subdivision (f) of Section 1345, a government-funded program the
purpose of which is paying the costs of health care, or an insurer as
described in Sections 10123.5 and 10123.55 of the Insurance Code,
regardless of whether the plan directly provides immunizations to
patients or clients.
(5) "County welfare department" means a county welfare agency
administering the California Work Opportunity and Responsibility to
Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with
Section 11200.5) of Part 3 of Division 9 of the Welfare and
Institutions Code.
(6) "Foster care agency" means any of the county and state social
services agencies providing foster care services in California.
(b) (1) Local health officers may operate immunization information
systems pursuant to their authority under Section 120175, in
conjunction with the Immunization Branch of the State Department of
Health Services. Local health officers and the State Department of
Health Services may operate these systems in either or both of the
following manners:
(A) Separately within their individual jurisdictions.
(B) Jointly among more than one jurisdiction.
(2) Nothing in this subdivision shall preclude local health
officers from sharing the information set forth in paragraphs (1) to
(9), inclusive, of subdivision (c) with other health officers jointly
operating the system.
(c) Notwithstanding Sections 49075 and 49076 of the Education
Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division
9 of the Welfare and Institutions Code, or any other provision of
law, unless a refusal to permit recordsharing is made pursuant to
subdivision (e), health care providers, and other agencies,
including, but not limited to, schools, child care facilities,
service providers for the California Special Supplemental Food
Program for Women, Infants, and Children (WIC), health care plans,
foster care agencies, and county welfare departments, may disclose
the information set forth in paragraphs (1) to (9), inclusive, from
the patient's medical record, or the client's record, to local health
departments operating countywide or regional immunization
information and reminder systems and the State Department of Health
Services. Local health departments and the State Department of Health
Services may disclose the information set forth in paragraphs (1) to
(9), inclusive, to each other and, upon a request for information
pertaining to a specific person, to health care providers taking care
of the patient. Local health departments and the State Department of
Health Services may disclose the information in paragraphs (1) to
(6), inclusive, and paragraphs (8) and (9), to schools, child care
facilities, county welfare departments, and family child care homes
to which the person is being admitted or in attendance, foster care
agencies in assessing and providing medical care for children in
foster care, and WIC service providers providing services to the
person, health care plans arranging for immunization services for the
patient, and county welfare departments assessing immunization
histories of dependents of CalWORKs participants, upon request for
information pertaining to a specific person. Determination of
benefits based upon immunization of a dependent CalWORKs participant
shall be made pursuant to Section 11265.8 of the Welfare and
Institutions Code. The following information shall be subject to this
subdivision:
(1) The name of the patient or client and names of the parents or
guardians of the patient or client.
(2) Date of birth of the patient or client.
(3) Types and dates of immunizations received by the patient or
client.
(4) Manufacturer and lot number for each immunization received.
(5) Adverse reaction to immunizations received.
(6) Other nonmedical information necessary to establish the
patient's or client's unique identity and record.
(7) Current address and telephone number of the patient or client
and the parents or guardians of the patient or client.
(8) Patient's or client's gender.
(9) Patient's or client's place of birth.
(d) (1) Health care providers, local health departments, and the
State Department of Health Services shall maintain the
confidentiality of information listed in subdivision (c) in the same
manner as other medical record information with patient
identification that they possess. These providers, departments, and
contracting agencies are subject to civil action and criminal
penalties for the wrongful disclosure of the information listed in
subdivision (c), in accordance with existing law. They shall use the
information listed in subdivision (c) only for the following
purposes:
(A) To provide immunization services to the patient or client,
including issuing reminder notifications to patients or clients or
their parents or guardians when immunizations are due.
(B) To provide or facilitate provision of third-party payer
payments for immunizations.
(C) To compile and disseminate statistical information of
immunization status on groups of patients or clients or populations
in California, without identifying information for these patients or
clients included in these groups or populations.
(D) In the case of health care providers only, as authorized by
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.
(2) Schools, child care facilities, family child care homes, WIC
service providers, foster care agencies, county welfare departments,
and health care plans shall maintain the confidentiality of
information listed in subdivision (c) in the same manner as other
client, patient, and pupil information that they possess. These
institutions and providers are subject to civil action and criminal
penalties for the wrongful disclosure of the information listed in
subdivision (c), in accordance with existing law. They shall use the
information listed in subdivision (c) only for those purposes
provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and
as follows:
(A) In the case of schools, child care facilities, family child
care homes, and county welfare departments, to carry out their
responsibilities regarding required immunization for attendance or
participation benefits, or both, as described in Chapter 1
(commencing with Section 120325), and in Section 11265.8 of the
Welfare and Institutions Code.
(B) In the case of WIC service providers, to perform immunization
status assessments of clients and to refer those clients found to be
due or overdue for immunizations to health care providers.
(C) In the case of health care plans, to facilitate payments to
health care providers, to assess the immunization status of their
clients, and to tabulate statistical information on the immunization
status of groups of patients, without including patient-identifying
information in these tabulations.
(D) In the case of foster care agencies, to perform immunization
status assessments of foster children and to assist those foster
children found to be due or overdue for immunization in obtaining
immunizations from health care providers.
(e) A patient or a patient's parent or guardian may refuse to
permit recordsharing. The health care provider administering
immunization and any other agency possessing any patient or client
information listed in subdivision (c), if planning to provide patient
or client information to an immunization system, as described in
subdivision (b), shall inform the patient or client, or the parent or
guardian of the patient or client, of the following:
(1) The information listed in subdivision (c) may be shared with
local health departments and the State Department of Health Services.
The health care provider or other agency shall provide the name and
address of the State Department of Health Services or of the
immunization registry with which the provider or other agency will
share the information.
(2) Any of the information shared with local health departments
and the State Department of Health Services shall be treated as
confidential medical information and shall be used only to share with
each other, and, upon request, with health care providers, schools,
child care facilities, family child care homes, WIC service
providers, county welfare departments, foster care agencies, and
health care plans. These providers, agencies, and institutions shall,
in turn, treat the shared information as confidential, and shall use
it only as described in subdivision (d).
(3) The patient or client, or parent or guardian of the patient or
client, has the right to examine any immunization-related
information shared in this manner and to correct any errors in it.
(4) The patient or client, or the parent or guardian of the
patient or client, may refuse to allow this information to be shared
in the manner described, or to receive immunization reminder
notifications at any time, or both. After refusal, the patient's or
client's physician may maintain access to this information for the
purposes of patient care or protecting the public health. After
refusal, the local health department and the State Department of
Health Services may maintain access to this information for the
purpose of protecting the public health pursuant to Sections 100325,
120140, and 120175, as well as Sections 2500 to 2643.20, inclusive,
of Title 17 of the California Code of Regulations.
(f) (1) The health care provider administering the immunization
and any other agency possessing any patient or client information
listed in subdivision (c), may inform the patient or client, or the
parent or guardian of the patient or client, by ordinary mail, of the
information in paragraphs (1) to (4), inclusive, of subdivision (e).
The mailing must include a reasonable means for refusal, such as a
return form or contact telephone number.
(2) The information in paragraphs (1) to (4), inclusive, of
subdivision (e) may also be presented to the parent or guardian of
the patient or client during any hospitalization of the patient or
client.
(g) If the patient or client, or parent or guardian of the patient
or client, refuses to allow the information to be shared, pursuant
to paragraph (4) of subdivision (e), the health care provider or
other agency may not share this information in the manner described
in subdivision (c), except as provided in subparagraph (D) of
paragraph (1) of subdivision (d).
(h) (1) Upon request of the patient or client, or the parent or
guardian of the patient or client, in writing or by other means
acceptable to the recipient, a local health department or the State
Department of Health Services that has received information about a
person pursuant to subdivision (c) shall do all of the following:
(A) Provide the name and address of other persons or agencies with
whom the recipient has shared the information.
(B) Stop sharing the information in its possession after the date
of the receipt of the request.
(2) After refusal, the patient's or client's physician may
maintain access to this information for the purposes of patient care
or protecting the public health. After refusal, the local health
department and the State Department of Health Services may maintain
access to this information for the purpose of protecting the public
health pursuant to Sections 100325, 120140, and 120175, as well as
Sections 2500 to 2643.20, inclusive, of Title 17 of the California
Code of Regulations.
(i) Upon notification, in writing or by other means acceptable to
the recipient, of an error in the information, a local health
department or the State Department of Health Services that has
information about a person pursuant to subdivision (c) shall correct
the error. If the recipient is aware of a disagreement about whether
an error exists, information to that effect may be included.
(j) (1) Any party authorized to make medical decisions for a
patient or client, including, but not limited to, those authorized by
Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section
6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter
1 (commencing with Section 7000) of Part 6, of Division 11 of, the
Family Code, Section 1530.6 of the Health and Safety Code, or
Sections 727 and 1755.3 of, and Article 6 (commencing with Section
300) of Chapter 2 of Part
1 of Division 2 of, the Welfare and Institutions Code, may permit
sharing of the patient's or client's record with any of the
immunization information systems authorized by this section.
(2) For a patient or client who is a dependent of a juvenile
court, the court or a person or agency designated by the court may
permit this recordsharing.
(3) For a patient or client receiving foster care, a person or
persons licensed to provide residential foster care, or having legal
custody, may permit this recordsharing.
(k) For purposes of supporting immunization information systems,
the State Department of Health Services shall assist the Immunization
Branch of the State Department of Health Services in both of the
following:
(1) Providing department records containing information about
publicly funded immunizations.
(2) Supporting efforts for the reporting of publicly funded
immunizations into immunization information systems by health care
providers and health care plans.
(l) Subject to any other provisions of state and federal law or
regulation that limit the disclosure of health information and
protect the privacy and confidentiality of personal information,
local health departments and the State Department of Health Services
may share the information listed in subdivision (c) with a state,
local health departments, health care providers, immunization
information systems, or any representative of an entity designated by
federal or state law or regulation to receive this information. The
State Department of Health Services may enter into written agreements
to exchange confidential immunization information with other states
for the purposes of patient care, protecting the public health,
entrance into school, child care and other institutions requiring
immunization prior to entry, and the other purposes described in
subdivision (d). The written agreement shall provide that the state
that receives confidential immunization information must maintain its
confidentiality and may only use it for purposes of patient care,
protecting the public health, entrance into school, child care and
other institutions requiring immunization prior to entry, and the
other purposes described in subdivision (d). Information may not be
shared pursuant to this subdivision if a patient or client, or parent
or guardian of a patient or client, refuses to allow the sharing of
immunization information pursuant to subdivision (e).
SEC. 176. Section 124116.5 of the Health and Safety Code, as
amended by Section 1 of Chapter 335 of the Statutes of 2006, is
amended to read:
124116.5. (a) (1) Every general acute care hospital with licensed
perinatal services in this state shall administer to every newborn,
upon birth admission, a hearing screening test for the identification
of hearing loss, using protocols approved by the department or its
designee.
(2) In order to meet the department's certification criteria, a
general acute care hospital shall be responsible for developing a
screening program that provides competent hearing screening, utilizes
appropriate staff and equipment for administering the testing,
completes the testing prior to the newborn's discharge from a newborn
nursery unit, refers infants with abnormal screening results,
maintains and reports data as required by the department, and
provides physician and family-parent education.
(b) A hearing screening test provided for pursuant to subdivision
(a) shall be performed by a licensed physician, licensed registered
nurse, licensed audiologist, or an appropriately trained individual
who is supervised in the performance of the test by a licensed health
care professional.
(c) Every general acute care hospital that has not been approved
by the California Children's Services (CCS) program and that has
licensed perinatal services that provide care in fewer than 100
births annually shall, if it does not directly provide a hearing
screening test, enter into an agreement with an outpatient infant
hearing screening provider certified by the department to provide
hearing screening tests.
(d) This section shall not apply to any newborn whose parent or
guardian objects to the test on the grounds that the test is in
violation of his or her beliefs.
SEC. 177. Section 124174 of the Health and Safety Code is amended
to read:
124174. The following definitions shall govern the construction
of this article, unless the context requires otherwise:
(a) "Program" means a Public School Health Center Support Program.
(b) "School health center" means a center or program that provides
age-appropriate health care services at the program site or through
referrals, and may be located at a local educational agency. A school
health center may serve two or more nonadjacent schools or local
educational agencies.
(c) For purposes of this section "local educational agency" shall
be defined as a school, school district, charter school, or county
office of education if the county office of education serves students
in kindergarten, or any grades from 1 to 12, inclusive.
SEC. 178. Section 124900 of the Health and Safety Code is amended
to read:
124900. (a) (1) The State Department of Health Services shall
select primary care clinics that are licensed under paragraph (1) or
(2) of subdivision (a) of Section 1204, or are exempt from licensure
under subdivision (c) of Section 1206, to be reimbursed for
delivering medical services, including preventive health care, and
smoking prevention and cessation health education, to program
beneficiaries.
(2) In order to be eligible to receive funds under this article, a
clinic shall meet all of the following conditions, at a minimum:
(A) Provide medical diagnosis and treatment.
(B) Provide medical support services of patients in all stages of
illness.
(C) Provide communication of information about diagnosis,
treatment, prevention, and prognosis.
(D) Provide maintenance of patients with chronic illness.
(E) Provide prevention of disability and disease through
detection, education, persuasion, and preventive treatment.
(F) Meet one or both of the following conditions:
(i) Be located in an area or a facility federally designated as a
health professional shortage area, medically underserved area, or
medically underserved population.
(ii) Be a clinic that is able to demonstrate that at least 50
percent of the patients served are persons with incomes at or below
200 percent of the federal poverty level.
(3) Notwithstanding the requirements of paragraph (2), all clinics
that received funds under this article in the 1997-98 fiscal year
shall continue to be eligible to receive funds under this article.
(b) As a part of the award process for funding pursuant to this
article, the department shall take into account the availability of
primary care services in the various geographic areas of the state.
The department shall determine which areas within the state have
populations which have clear and compelling difficulty in obtaining
access to primary care. The department shall consider proposals from
new and existing eligible providers to extend clinic services to
these populations.
(c) Each primary care clinic applying for funds pursuant to this
article shall demonstrate that the funds shall be used to expand
medical services, including preventive health care, and smoking
prevention and cessation health education, for program beneficiaries
above the level of services provided in the 1988 calendar year or in
the year prior to the first year a clinic receives funds under this
article if the clinic did not receive funds in the 1989 calendar
year.
(d) (1) The department, in consultation with clinics funded under
this article, shall develop a formula for allocation of funds
available. It is the intent of the Legislature that the funds
allocated pursuant to this article promote stability for those
clinics participating in programs under this article as part of the
state's health care safety net and at the same time be distributed in
a manner that best promotes access to health care to uninsured
populations.
(2) The formula shall be based on both of the following:
(A) A hold harmless for clinics funded in the 1997-98 fiscal year
to continue to reimburse them for some portion of their uncompensated
care.
(B) Demonstrated unmet need by both new and existing clinics, as
reflected in their levels of uncompensated care reported to the
department. For purposes of this article, "uncompensated care" means
clinic patient visits for persons with incomes at or below 200
percent of the federal poverty level for which there is no
encounter-based third-party reimbursement which includes, but is not
limited to, unpaid expanded access to primary care claims.
(3) The department shall allocate available funds, for a
three-year period, as follows:
(A) Clinics that received funding in the prior fiscal year shall
receive 90 percent of their prior fiscal year allocation, subject to
available funds, provided that the funding award is substantiated by
the clinics' reported levels of uncompensated care.
(B) The remaining funds beyond 90 percent shall be awarded to new
and existing applicants based on the clinics' reported levels of
uncompensated care as verified by the department according to
subparagraph (A) of paragraph (4). The department shall seek input
from stakeholders to discuss any adjustments to award levels that the
department deems reasonable, such as including base amounts for new
applicant clinics.
(C) New applicants shall be awarded funds pursuant to this
subdivision if they meet the minimum requirements for funding under
this article based on the clinics' reported levels of uncompensated
care as verified by the department according to subparagraph (A) of
paragraph (4). New applicants include applicants for any new site
expansions by existing applicants.
(4) In assessing reported levels of uncompensated care, the
department shall utilize the data available from the Office of
Statewide Health Planning and Development's (OSHPD's) completed
analysis of the "Annual Report of Primary Care Clinics" for the prior
fiscal year, or if more recent data is available, then the most
recent data. If this data is unavailable for an existing applicant to
assess reported levels of uncompensated care, the existing applicant
shall receive an allocation pursuant to subparagraph (A) of
paragraph (3).
(A) The department shall utilize the most recent data available
from OSHPD's completed analysis of the "Annual Report of Primary Care
Clinics" for the prior fiscal year, or if more recent data is
available, then the most recent data.
(B) If the funds allocated to the program are less than the prior
year, the department shall allocate available funds to existing
program providers only.
(5) The department shall establish a base funding level, subject
to available funds, of no less than thirty-five thousand dollars
($35,000) for frontier clinics and Native American reservation-based
clinics. For purposes of this article, "frontier clinics" means
clinics located in a medical services study area with a population of
fewer than 11 persons per square mile.
(6) The department shall develop, in consultation with clinics
funded pursuant to this article, a formula for reallocation of unused
funds to other participating clinics to reimburse for uncompensated
care. The department shall allocate the unused funds remaining on
October 30, for the prior fiscal year to other participating clinics
to reimburse for uncompensated care.
(e) In applying for funds, eligible clinics shall submit a single
application per clinic corporation. Applicants with multiple sites
shall apply for all eligible clinics, and shall report to the
department the allocation of funds among their corporate sites in the
prior year. A corporation may only claim reimbursement for services
provided at a program-eligible clinic site identified in the
corporate entity's application for funds, and approved for funding by
the department. A corporation may increase or decrease the number of
its program-eligible clinic sites on an annual basis, at the time of
the annual application update for the subsequent fiscal years of any
multiple-year application period.
(f) Grant allocations pursuant to this article shall be based on
the formula developed by the department, notwithstanding a merger of
one or more licensed primary care clinics participating in the
program.
(g) A clinic that is eligible for the program in every other
respect, but that provides dental services only, rather than the full
range of primary care medical services, shall only be eligible to
receive funds under this article on an exception basis. A dental-only
provider's application shall include a memorandum of understanding
(MOU) with a primary care clinic funded under this article. The MOU
shall include medical protocols for making referrals by the primary
care clinic to the dental clinic and from the dental clinic to the
primary care clinic, and ensure that case management services are
provided and that the patient is being provided comprehensive primary
care as defined in subdivision (a).
(h) (1) For purposes of this article, an outpatient visit shall
include diagnosis and medical treatment services, including the
associated pharmacy, X-ray, and laboratory services, and prevention
health and case management services that are needed as a result of
the outpatient visit. For a new patient, an outpatient visit shall
also include a health assessment encompassing an assessment of
smoking behavior and the patient's need for appropriate health
education specific to related tobacco use and exposure.
(2) "Case management" includes, for this purpose, the management
of all physician services, both primary and specialty, and
arrangements for hospitalization, postdischarge care, and followup
care.
(i) (1) Payment shall be on a per-visit basis at a rate that is
determined by the department to be appropriate for an outpatient
visit as defined in this section, and shall be not less than
seventy-one dollars and fifty cents ($71.50).
(2) In developing a statewide uniform rate for an outpatient visit
as defined in this article, the department shall consider existing
rates of payments for comparable outpatient visits. The department
shall review the outpatient visit rate on an annual basis.
(j) Not later than June 1 of each year, the department shall adopt
and provide each licensed primary care clinic with a schedule for
programs under this article, including the date for notification of
availability of funds, the deadline for the submission of a completed
application, and an anticipated contract award date for successful
applicants.
(k) In administering the program created pursuant to this article,
the department shall utilize the Medi-Cal program statutes and
regulations pertaining to program participation standards, medical
and administrative recordkeeping, the ability of the department to
monitor and audit clinic records pertaining to program services
rendered to program beneficiaries and take recoupments or recovery
actions consistent with monitoring and audit findings, and the
provider's appeal rights. Each primary care clinic applying for
program participation shall certify that it will abide by these
statutes and regulations and other program requirements set forth in
this article.
SEC. 179. Section 127400 of the Health and Safety Code is amended
to read:
127400. As used in this article, the following terms have the
following meanings:
(a) "Allowance for financially qualified patient" means, with
respect to services rendered to a financially qualified patient, an
allowance that is applied after the hospital's charges are imposed on
the patient, due to the patient's determined financial inability to
pay the charges.
(b) "Federal poverty level" means the poverty guidelines updated
periodically in the Federal Register by the United States Department
of Health and Human Services under authority of subsection (2) of
Section 9902 of Title 42 of the United States Code.
(c) "Financially qualified patient" means a patient who is both of
the following:
(1) A patient who is a self-pay patient, as defined in subdivision
(f), or a patient with high medical costs, as defined in subdivision
(g).
(2) A patient who has a family income that does not exceed 350
percent of the federal poverty level.
(d) "Hospital" means any facility that is required to be licensed
under subdivision (a), (b), or (f) of Section 1250, except a facility
operated by the State Department of Mental Health or the Department
of Corrections and Rehabilitation.
(e) "Office" means the Office of Statewide Health Planning and
Development.
(f) "Self-pay patient" means a patient who does not have
third-party coverage from a health insurer, health care service plan,
Medicare, or Medicaid, and whose injury is not a compensable injury
for purposes of workers' compensation, automobile insurance, or other
insurance as determined and documented by the hospital. Self-pay
patients may include charity care patients.
(g) "A patient with high medical costs" means a person whose
family income does not exceed 350 percent of the federal poverty
level, as defined in subdivision (c), if that individual does not
receive a discounted rate from the hospital as a result of his or her
third-party coverage. For these purposes, "high medical costs" means
any of the following:
(1) Annual out-of-pocket costs incurred by the individual at the
hospital that exceed 10 percent of the patient's family income in the
prior 12 months.
(2) Annual out-of-pocket expenses that exceed 10 percent of the
patient's family income, if the patient provides documentation of the
patient's medical expenses paid by the patient or the patient's
family in the prior 12 months.
(3) A lower level determined by the hospital in accordance with
the hospital's charity care policy.
(h) "Patient's family" means the following:
(1) For persons 18 years of age and older, spouse, domestic
partner, and dependent children under 21 years of age, whether living
at home or not.
(2) For persons under 18 years of age, parent, caretaker relative,
and other children under 21 years of age of the parent or caretaker
relative.
SEC. 180. Section 127405 of the Health and Safety Code is amended
to read:
127405. (a) (1) Each hospital shall maintain an understandable
written policy regarding discount payments for financially qualified
patients, as well as an understandable written charity care policy.
Uninsured patients or patients with high medical costs who are at or
below 350 percent of the federal poverty level, as defined in
subdivision (c) of Section 127400, shall be eligible to apply for
participation under each hospital's charity care policy or discount
payment policy. Notwithstanding any other provision of this article,
a hospital may choose to grant eligibility for its discount payment
policy or charity care policies to patients with incomes over 350
percent of the federal poverty level. Both the charity care policy
and the discount payment policy shall state the process used by the
hospital to determine whether a patient is eligible for charity care
or discounted payment. In the event of a dispute, a patient may seek
review from the business manager, chief financial officer, or other
appropriate manager as designated in the charity care policy and the
discount payment policy.
(2) Rural hospitals, as defined in Section 124840, may establish
eligibility levels for financial assistance and charity care at less
than 350 percent of the federal poverty level as appropriate to
maintain their financial and operational integrity.
(b) Each hospital's discount payment policy shall clearly state
eligibility criteria based upon income consistent with the
application of the federal poverty level. The discount payment policy
shall also include an extended payment plan to allow payment of the
discounted price over time. The policy shall provide that the
hospital and the patient may negotiate the terms of the payment plan.
(c) The charity care policy shall clearly state eligibility
criteria for charity care. In determining eligibility under its
charity care policy, a hospital may consider income and monetary
assets of the patient. For purposes of this determination, monetary
assets shall not include retirement or deferred-compensation plans
qualified under the Internal Revenue Code, or nonqualified
deferred-compensation plans. Furthermore, the first ten thousand
dollars ($10,000) of a patient's monetary assets shall not be counted
in determining eligibility, nor shall 50 percent of a patient's
monetary assets over the first ten thousand dollars ($10,000) be
counted in determining eligibility.
(d) Each hospital shall limit expected payment for services it
provides to any patient at or below 350 percent of the federal
poverty level, as defined in subdivision (b) of Section 124700,
eligible under its discount payment policy to the amount of payment
the hospital would receive for providing services from Medicare,
Medi-Cal, Healthy Families, or any other government-sponsored health
program of health benefits in which the hospital participates,
whichever is greater. If the hospital provides a service for which
there is no established payment by Medicare or any other
government-sponsored program of health benefits in which the hospital
participates, the hospital shall establish an appropriate discounted
payment.
(e) Any patient, or patient's legal representative, who requests a
discounted payment, charity care, or other assistance in meeting his
or her financial obligation to the hospital, shall make every
reasonable effort to provide the hospital with documentation of
income and health benefits coverage. If the person requests charity
care or a discounted payment and fails to provide information that is
reasonable and necessary for the hospital to make a determination,
the hospital may consider that failure in making its determination.
(1) For the purpose of determining eligibility for discounted
payment, documentation of income shall be limited to recent pay stubs
or income tax returns.
(2) For the purpose of determining eligibility for charity care,
documentation of assets may include information on all monetary
assets, but shall not include statements on retirement or
deferred-compensation plans qualified under the Internal Revenue
Code, or nonqualified deferred-compensation plans. A hospital may
require waivers or releases from the patient or the patient's family,
authorizing the hospital to obtain account information from
financial or commercial institutions or other entities that hold or
maintain the monetary assets to verify their value. Information
obtained pursuant to this paragraph regarding the assets of the
patient or the patient's family shall not be used for collection.
(3) Eligibility for discounted payments or charity care may be
determined at any time the hospital is in receipt of information
specified in paragraph (1) or paragraph (2), respectively.
SEC. 181. Section 127410 of the Health and Safety Code is amended
to read:
127410. (a) Each hospital shall provide patients with a written
notice that shall contain information about availability of the
hospital's discount payment and charity care policies, including
information about eligibility, as well as contact information for a
hospital employee or office from which the person may obtain further
information about these policies. This written notice shall be
provided in addition to the estimate provided pursuant to Section
1339.585. The notice shall also be provided to patients who receive
emergency or outpatient care and who may be billed for that care, but
who were not admitted. The notice shall be provided in English, and
in languages other than English. The languages to be provided shall
be determined in a manner similar to that required pursuant to
Section 12693.30 of the Insurance Code. Written correspondence to the
patient required by this article shall also be in the language
spoken by the patient, consistent with Section 12693.30 of the
Insurance Code and applicable state and federal law.
(b) Notice of the hospital's policy for financially qualified and
self-pay patients shall be clearly and conspicuously posted in
locations that are visible to the public, including, but not limited
to, all of the following:
(1) Emergency department, if any.
(2) Billing office.
(3) Admissions office.
(4) Other outpatient settings.
SEC. 182. Section 127425 of the Health and Safety Code is amended
to read:
127425. (a) Each hospital shall have a written policy about when
and under whose authority patient debt is advanced for collection,
whether the collection activity is conducted by the hospital, an
affiliate or subsidiary of the hospital, or by an external collection
agency.
(b) Each hospital shall establish a written policy defining
standards and practices for the collection of debt, and shall obtain
a written agreement from any agency that collects hospital
receivables that it will adhere to the hospital's standards and scope
of practices. The policy shall not conflict with other applicable
laws and shall not be construed to create a joint venture between the
hospital and the external entity, or otherwise to allow hospital
governance of an external entity that collects hospital receivables.
In determining the amount of a debt a hospital may seek to recover
from patients who are eligible under the hospital's charity care
policy or discount payment policy, the hospital may consider only
income and monetary assets as limited by Section 127405.
(c) At time of billing, each hospital shall provide a written
summary consistent with Section 127410, which includes the same
information concerning services and charges provided to all other
patients who receive care at the hospital.
(d) For a patient that lacks coverage, or for a patient that
provides information that he or she may be a patient with high
medical costs, as defined in this article, a hospital, any assignee
of the hospital, or other owner of the patient debt, including a
collection agency, shall not report adverse information to a consumer
credit reporting agency or commence civil action against the patient
for nonpayment at any time prior to 150 days after initial billing.
(e) If a patient is attempting to qualify for eligibility under
the hospital's charity care or discount payment policy and is
attempting in good faith to settle an outstanding bill with the
hospital by negotiating a reasonable payment plan or by making
regular partial payments of a
reasonable amount, the hospital shall not send the unpaid
bill to any collection agency or other assignee, unless that entity
has agreed to comply with this article.
(f) (1) The hospital or other assignee which is an affiliate or
subsidiary of the hospital shall not, in dealing with patients
eligible under the hospital's charity care or discount payment
policies, use wage garnishments or liens on primary residences as a
means of collecting unpaid hospital bills.
(2) A collection agency or other assignee that is not a subsidiary
or affiliate of the hospital shall not, in dealing with any patient
under the hospital's charity care or discount payment policies, use
as a means of collecting unpaid hospital bills, any of the following:
(A) A wage garnishment, except by order of the court upon noticed
motion, supported by a declaration file by the movant identifying the
basis for which it believes that the patient has the ability to make
payments on the judgment under the wage garnishment, which the court
shall consider in light of the size of the judgment and additional
information provided by the patient prior to, or at, the hearing
concerning the patient's ability to pay, including information about
probable future medical expenses based on the current condition of
the patient and other obligations of the patient.
(B) Notice or conduct a sale of the patient's primary residence
during the life of the patient or his or her spouse, or during the
period a child of the patient is a minor, or a child of the patient
who has attained the age of majority is unable to take care of
himself or herself and resides in the dwelling as his or her primary
residence. In the event that a person protected by this paragraph
owns more than one dwelling, the primary residence shall be the
dwelling that is the patient's current homestead, as defined in
Section 704.710 of the Code of Civil Procedure, or was the patient's
homestead at the time of the death if a person other than the patient
is asserting the protections of this paragraph.
(3) This requirement does not preclude a hospital, collection
agency, or other assignee from pursuing reimbursement and any
enforcement remedy or remedies from third-party liability
settlements, tortfeasors, or other legally responsible parties.
(g) Any extended payment plans offered by a hospital to assist
patients eligible under the hospital's charity care policy, discount
payment policy, or any other policy adopted by the hospital for
assisting low-income patients with no insurance or high medical costs
in settling outstanding past due hospital bills, shall be interest
free.
(h) Nothing in this section shall be construed to diminish or
eliminate any protections consumers have under existing federal and
state debt collection laws, or any other consumer protections
available under state or federal law. This subdivision does not limit
or alter the obligation of the patient to make payments from the
first date due on the obligation owing to the hospital pursuant to
any contract or applicable statute, in the event that the patient
fails to make payments for 90 days, or to renegotiate the payment
plan.
SEC. 183. Section 1194.82 of the Insurance Code is amended to
read:
1194.82. (a) An insurer may invest in notes or bonds secured by
second mortgages or other second liens, including all inclusive or
wraparound mortgages or liens, upon real property encumbered only by
a first mortgage or lien which meets the requirements set forth in
Section 1194.81, subject to either of the following conditions:
(1) The insurer also owns the note or bond secured by the prior
first mortgage or lien and the aggregate value of both loans does not
exceed the loan to market value ratio requirements of Section
1194.81.
(2) The note or bond is secured by an "all-inclusive" or
"wraparound" lien or mortgage which conforms to the requirements
specified in subdivision (b), provided that the aggregate value of
the resulting loan does not exceed the loan to market value ratio
requirements of Section 1194.81.
(b) "Wraparound" and "all-inclusive" lien or mortgage refer to a
loan made by an insurer to a borrower on the security of a mortgage
or lien on real property other than property containing a residence
of one to four units or upon which a residence of one to four units
is to be constructed, where the real property is encumbered by a
first mortgage or lien and which loan is subject to all of the
following:
(1) There is no more than one preexisting mortgage or lien on the
real property.
(2) The total amount of the obligation of the borrower to the
insurer under the loan is not less than the sum of the amount
disbursed by the insurer on account of the loan and the outstanding
balance of the obligation secured by the preexisting lien or
mortgage.
(3) The instrument evidencing the lien or mortgage by which the
obligation of the borrower to the insurer under the loan is secured,
is recorded, and the lien is insured under a policy of title
insurance in an amount not less than the total amount of the
obligation of the borrower to the insurer under the loan.
(4) The insurer either (A) pursuant to Section 2924b of the Civil
Code, files for record in the office of the recorder of the county in
which the real property is located a duly acknowledged request for a
copy of any notice of default or of sale under the preexisting lien,
(B) otherwise arranges with the recorder of any county in which the
real property is located to be advised in case of the filing for
record of any notice of default or of sale with respect to any
obligation secured by the preexisting lien, or (C) is entitled under
applicable law to receive notice of default, sale, and foreclosure of
the preexisting lien.
(5) The amount disbursed by an insurer under any single wraparound
or all-inclusive loan made pursuant to this section shall not exceed
the greater of 1 percent of the insurer's admitted assets or 10
percent of the aggregate of the insurer's capital paid-up and
unassigned surplus.
SEC. 184. Section 3201.81 of the Labor Code is amended to read:
3201.81. In the horse racing industry, the organization certified
by the California Horse Racing Board to represent the majority of
licensed jockeys pursuant to subdivision (b) of Section 19612.9 of
the Business and Professions Code is the labor organization
authorized to negotiate the collective bargaining agreement
establishing an alternative dispute resolution system for licensed
jockeys pursuant to Section 3201.7.
SEC. 185. Section 186.9 of the Penal Code is amended to read:
186.9. As used in this chapter:
(a) "Conducts" includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or concluding
a transaction.
(b) "Financial institution" means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift institution, savings
and loan association, or building and loan association organized
under the laws of the United States or any state, any insured
institution as defined in Section 401 of the National Housing Act (12
U.S.C. Sec. 1724(a)), any credit union organized under the laws of
the United States or any state, any national banking association or
corporation acting under Chapter 6 (commencing with Section 601) of
Title 12 of the United States Code, any agency, agent or branch of a
foreign bank, any currency dealer or exchange, any person or business
engaged primarily in the cashing of checks, any person or business
who regularly engages in the issuing, selling, or redeeming of
traveler's checks, money orders, or similar instruments, any broker
or dealer in securities registered or required to be registered with
the Securities and Exchange Commission under the Securities Exchange
Act of 1934 or with the Commissioner of Corporations under Part 3
(commencing with Section 25200) of Division 1 of Title 4 of the
Corporations Code, any licensed transmitter of funds or other person
or business regularly engaged in transmitting funds to a foreign
nation for others, any investment banker or investment company, any
insurer, any dealer in gold, silver, or platinum bullion or coins,
diamonds, emeralds, rubies, or sapphires, any pawnbroker, any
telegraph company, any person or business regularly engaged in the
delivery, transmittal, or holding of mail or packages, any person or
business that conducts a transaction involving the transfer of title
to any real property, vehicle, vessel, or aircraft, any personal
property broker, any person or business acting as a real property
securities dealer within the meaning of Section 10237 of the Business
and Professions Code, whether licensed to do so or not, any person
or business acting within the meaning and scope of subdivisions (d)
and (e) of Section 10131 and Section 10131.1 of the Business and
Professions Code, whether licensed to do so or not, any person or
business regularly engaged in gaming within the meaning and scope of
Section 330, any person or business regularly engaged in pool selling
or bookmaking within the meaning and scope of Section 337a, any
person or business regularly engaged in horse racing whether licensed
to do so or not under the Business and Professions Code, any person
or business engaged in the operation of a gambling ship within the
meaning and scope of Section 11317, any person or business engaged in
controlled gambling within the meaning and scope of subdivision (e)
of Section 19805 of the Business and Professions Code, whether
registered to do so or not, and any person or business defined as a
"bank," "financial agency," or "financial institution" by Section
5312 of Title 31 of the United States Code or Section 103.11 of Title
31 of the Code of Federal Regulations and any successor provisions
thereto.
(c) "Transaction" includes the deposit, withdrawal, transfer,
bailment, loan, pledge, payment, or exchange of currency, or a
monetary instrument, as defined by subdivision (d), or the
electronic, wire, magnetic, or manual transfer of funds between
accounts by, through, or to, a financial institution as defined by
subdivision (b).
(d) "Monetary instrument" means United States currency and coin;
the currency, coin, and foreign bank drafts of any foreign country;
payment warrants issued by the United States, this state, or any
city, county, or city and county of this state or any other political
subdivision thereof; any bank check, cashier's check, traveler's
check, or money order; any personal check, stock, investment
security, or negotiable instrument in bearer form or otherwise in a
form in which title thereto passes upon delivery; gold, silver, or
platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires. Except for foreign bank drafts and federal, state, county,
or city warrants, "monetary instrument" does not include personal
checks made payable to the order of a named party which have not been
endorsed or which bear restrictive endorsements, and also does not
include personal checks which have been endorsed by the named party
and deposited by the named party into the named party's account with
a financial institution.
(e) "Criminal activity" means a criminal offense punishable under
the laws of this state by death or imprisonment in the state prison
or from a criminal offense committed in another jurisdiction
punishable under the laws of that jurisdiction by death or
imprisonment for a term exceeding one year.
(f) "Foreign bank draft" means a bank draft or check issued or
made out by a foreign bank, savings and loan, casa de cambio, credit
union, currency dealer or exchanger, check cashing business, money
transmitter, insurance company, investment or private bank, or any
other foreign financial institution that provides similar financial
services, on an account in the name of the foreign bank or foreign
financial institution held at a bank or other financial institution
located in the United States or a territory of the United States.
SEC. 186. Section 271.5 of the Penal Code is amended to read:
271.5. (a) No parent or other individual having lawful custody of
a minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site.
(b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
(c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
(2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (3) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.
SEC. 187. Section 290 of the Penal Code is amended to read:
290. (a) (1) (A) Every person described in paragraph (2), for the
rest of his or her life while residing in California, or while
attending school or working in California, as described in
subparagraph (G), shall be required to register with the chief of
police of the city in which he or she is residing, or the sheriff of
the county if he or she is residing in an unincorporated area or city
that has no police department, and, additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing upon
the campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides.
(B) If the person who is registering has more than one residence
address at which he or she regularly resides, he or she shall
register in accordance with subparagraph (A) in each of the
jurisdictions in which he or she regularly resides, regardless of the
number of days or nights spent there. If all of the addresses are
within the same jurisdiction, the person shall provide the
registering authority with all of the addresses where he or she
regularly resides.
(C) Every person described in paragraph (2), for the rest of his
or her life while living as a transient in California shall be
required to register, as follows:
(i) A transient must register, or reregister if the person has
previously registered, within five working days from release from
incarceration, placement or commitment, or release on probation,
pursuant to paragraph (1) of subdivision (a), except that if the
person previously registered as a transient less than 30 days from
the date of his or her release from incarceration, he or she does not
need to reregister as a transient until his or her next required
30-day update of registration. If a transient is not physically
present in any one jurisdiction for five consecutive working days, he
or she must register in the jurisdiction in which he or she is
physically present on the fifth working day following release,
pursuant to paragraph (1) of subdivision (a). Beginning on or before
the 30th day following initial registration upon release, a transient
must reregister no less than once every 30 days thereafter. A
transient shall register with the chief of police of the city in
which he or she is physically present within that 30-day period, or
the sheriff of the county if he or she is physically present in an
unincorporated area or city that has no police department, and
additionally, with the chief of police of a campus of the University
of California, the California State University, or community college
if he or she is physically present upon the campus or in any of its
facilities. A transient must reregister no less than once every 30
days regardless of the length of time he or she has been physically
present in the particular jurisdiction in which he or she
reregisters. If a transient fails to reregister within any 30-day
period, he or she may be prosecuted in any jurisdiction in which he
or she is physically present.
(ii) A transient who moves to a residence shall have five working
days within which to register at that address, in accordance with
subparagraph (A) of paragraph (1) of subdivision (a). A person
registered at a residence address in accordance with subparagraph (A)
of paragraph (1) of subdivision (a), who becomes transient shall
have five working days within which to reregister as a transient in
accordance with clause (i).
(iii) Beginning on his or her first birthday following
registration, a transient shall register annually, within five
working days of his or her birthday, to update his or her
registration with the entities described in clause (i). A transient
shall register in whichever jurisdiction he or she is physically
present on that date. At the 30-day updates and the annual update, a
transient shall provide current information as required on the
Department of Justice annual update form, including the information
described in subparagraphs (A) to (C), inclusive, of paragraph (2) of
subdivision (e), and the information specified in clause (iv).
(iv) A transient shall, upon registration and reregistration,
provide current information as required on the Department of Justice
registration forms, and shall also list the places where he or she
sleeps, eats, works, frequents, and engages in leisure activities. If
a transient changes or adds to the places listed on the form during
the 30-day period, he or she does not need to report the new place or
places until the next required reregistration.
(v) Failure to comply with the requirement of reregistering every
30 days following initial registration pursuant to clause (i) shall
be punished in accordance with paragraph (6) of subdivision (g).
Failure to comply with any other requirement of this section shall be
punished in accordance with either paragraph (1) or (2) of
subdivision (g).
(vi) A transient who moves out of state shall inform, in person,
the chief of police in the city in which he or she is physically
present, or the sheriff of the county if he or she is physically
present in an unincorporated area or city that has no police
department, within five working days, of his or her move out of
state. The transient shall inform that registering agency of his or
her planned destination, residence or transient location out of
state, and any plans he or she has to return to California, if known.
The law enforcement agency shall, within three days after receipt of
this information, forward a copy of the change of location
information to the Department of Justice. The department shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence or location.
(vii) For purposes of this section, "transient" means a person who
has no residence. "Residence" means one or more addresses at which a
person regularly resides, regardless of the number of days or nights
spent there, such as a shelter or structure that can be located by a
street address, including, but not limited to, houses, apartment
buildings, motels, hotels, homeless shelters, and recreational and
other vehicles.
(viii) The transient registrant's duty to update his or her
registration no less than every 30 days shall begin with his or her
second transient update following the date this subdivision became
effective.
(D) Beginning on his or her first birthday following registration
or change of address, the person shall be required to register
annually, within five working days of his or her birthday, to update
his or her registration with the entities described in subparagraph
(A). At the annual update, the person shall provide current
information as required on the Department of Justice annual update
form, including the information described in subparagraphs (A) to
(C), inclusive, of paragraph (2) of subdivision (e).
(E) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice.
(F) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN). The registering
agency shall give the registrant a copy of the completed Department
of Justice form each time the person registers or reregisters,
including at the annual update.
(G) Persons required to register in their state of residence who
are out-of-state residents employed, or carrying on a vocation in
California on a full-time or part-time basis, with or without
compensation, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall register in accordance
with subparagraph (A). Persons described in paragraph (2) who are
out-of-state residents enrolled in any educational institution in
California, as defined in Section 22129 of the Education Code, on a
full-time or part-time basis, shall register in accordance with
subparagraph (A). The place where the out-of-state resident is
located, for purposes of registration, shall be the place where the
person is employed, carrying on a vocation, or attending school. The
out-of-state resident subject to this subparagraph shall, in addition
to the information required pursuant to subdivision (e), provide the
registering authority with the name of his or her place of
employment or the name of the school attended in California, and his
or her address or location in his or her state of residence. The
registration requirement for persons subject to this subparagraph
shall become operative on November 25, 2000. "Employed" or "carrying
on a vocation" includes employment whether or not financially
compensated, volunteered, or performed for government or educational
benefit.
(2) The following persons shall be required to register pursuant
to paragraph (1):
(A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, or paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.5, 288.7, or 289, Section 311.1, subdivision (b), (c), or (d) of
Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6,
former Section 647a, subdivision (c) of Section 653f, subdivision 1
or 2 of Section 314, any offense involving lewd or lascivious conduct
under Section 272, or any felony violation of Section 288.2; or any
statutory predecessor that includes all elements of one of the
above-mentioned offenses; or any person who since that date has been
or is hereafter convicted of the attempt or conspiracy to commit any
of the above-mentioned offenses.
(B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code or any person who has been found
guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial.
(D) (i) Any person who, since July 1, 1944, has been, or is
hereafter convicted in any other court, including any state, federal,
or military court, of any offense that, if committed or attempted in
this state, would have been punishable as one or more of the
offenses described in subparagraph (A), including offenses in which
the person was a principal, as defined in Section 31.
(ii) Any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any
offense, if the court found at the time of conviction or sentencing
that the person committed the offense as a result of sexual
compulsion or for purposes of sexual gratification.
(iii) (I) Except as provided in subclause (II), any person who
would be required to register while residing in the state of
conviction for a sex offense committed in that state.
(II) Notwithstanding subclause (I), a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction shall not be required
to register in California unless the out-of-state offense contains
all of the elements of a registerable California offense described in
subparagraph (A):
(aa) Indecent exposure, pursuant to Section 314.
(ab) Unlawful sexual intercourse, pursuant to Section 261.5.
(ac) Incest, pursuant to Section 285.
(ad) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in subparagraph (G)
and the department is able, upon the exercise of reasonable
diligence, to verify that fact.
(ae) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.
(E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction or sentencing that the
person committed the offense as a result of sexual compulsion or for
purposes of sexual gratification. The court shall state on the record
the reasons for its
findings and the reasons for requiring registration.
(F) Any person required to register pursuant to any provision of
this section, regardless of whether the person's conviction has been
dismissed pursuant to Section 1203.4, unless the person obtains a
certificate of rehabilitation and is entitled to relief from
registration pursuant to Section 290.5.
(G) (i) Notwithstanding any other subdivision, a person who was
convicted before January 1, 1976, under subdivision (a) of Section
286, or Section 288a, shall not be required to register pursuant to
this section for that conviction if the conviction was for conduct
between consenting adults that was decriminalized by Chapter 71 of
the Statutes of 1975 or Chapter 1139 of the Statutes of 1976. The
Department of Justice shall remove that person from the Sex Offender
Registry, and the person is discharged from his or her duty to
register pursuant to the following procedure:
(I) The person submits to the Department of Justice official
documentary evidence, including court records or police reports, that
demonstrate that the person's conviction pursuant to either of those
sections was for conduct between consenting adults that was
decriminalized.
(II) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to this
section, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to this section. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to this section. Any person whose claim
has been denied by the department pursuant to this clause may
petition the court to appeal the department's denial of the person's
claim.
(ii) On or before July 1, 1998, the department shall make a report
to the Legislature concerning the status of persons who may come
under the provisions of this subparagraph, including the number of
persons who were convicted before January 1, 1976, under subdivision
(a) of Section 286 or Section 288a and are required to register under
this section, the average age of these persons, the number of these
persons who have any subsequent convictions for a registerable sex
offense, and the number of these persons who have sought successfully
or unsuccessfully to be relieved of their duty to register under
this section.
(b) (1) Any person who is released, discharged, or paroled from a
jail, state or federal prison, school, road camp, or other
institution where he or she was confined because of the commission or
attempted commission of one of the offenses specified in subdivision
(a) or is released from a state hospital to which he or she was
committed as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, shall, prior to discharge,
parole, or release, be informed of his or her duty to register under
this section by the official in charge of the place of confinement or
hospital, and the official shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to the person. The official in charge of the place of
confinement or hospital shall obtain the address where the person
expects to reside upon his or her discharge, parole, or release and
shall report the address to the Department of Justice. The official
shall at the same time forward a current photograph of the person to
the Department of Justice.
(2) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice. The
official in charge of the place of confinement or hospital shall
retain one copy.
(c) (1) Any person who is convicted in this state of the
commission or attempted commission of any of the offenses specified
in subdivision (a) and who is released on probation, shall, prior to
release or discharge, be informed of the duty to register under this
section by the probation department, and a probation officer shall
require the person to read and sign any form that may be required by
the Department of Justice, stating that the duty of the person to
register under this section has been explained to him or her. The
probation officer shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The probation officer
shall give one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the
person expects to reside upon his or her discharge, parole, or
release.
(2) Any person who is convicted in this state of the commission or
attempted commission of any of the offenses specified in subdivision
(a) and who is granted conditional release without supervised
probation, or discharged upon payment of a fine, shall, prior to
release or discharge, be informed of the duty to register under this
section in open court by the court in which the person has been
convicted, and the court shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to him or her. If the court finds that it is in the
interest of the efficiency of the court, the court may assign the
bailiff to require the person to read and sign forms under this
section. The court shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The court shall give
one copy of the form to the person, send one copy to the Department
of Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Division of Juvenile Justice to the custody of
which he or she was committed after having been adjudicated a ward of
the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to
registration under the procedures of this section.
(2) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Division of Juvenile Justice,
to the custody of which he or she was committed because of an
offense that, if committed or attempted in this state, would have
been punishable as one or more of the offenses described in paragraph
(3), shall be subject to registration under the procedures of this
section.
(3) Any person described in this subdivision who committed an
offense in violation of any of the following provisions shall be
required to register pursuant to this section:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(C) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(4) Prior to discharge or parole from the Division of Juvenile
Justice, any person who is subject to registration under this
subdivision shall be informed of the duty to register under the
procedures set forth in this section. Division of Juvenile Justice
officials shall transmit the required forms and information to the
Department of Justice.
(5) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This subdivision shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
(e) (1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under this section shall
preregister. The preregistering official shall be the admitting
officer at the place of incarceration, placement, or commitment, or
the probation officer if the person is to be released on probation.
The preregistration shall consist of all of the following:
(A) A preregistration statement in writing, signed by the person,
giving information that shall be required by the Department of
Justice.
(B) The fingerprints and a current photograph of the person.
(C) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(2) A person described in paragraph (2) of subdivision (a) shall
register, or reregister if the person has previously registered, upon
release from incarceration, placement, commitment, or release on
probation pursuant to paragraph (1) of subdivision (a). This
paragraph shall not apply to a person who is incarcerated for less
than 30 days if he or she has registered as required by paragraph (1)
of subdivision (a), he or she returns after incarceration to the
last registered address, and the annual update of registration that
is required to occur within five working days of his or her birthday,
pursuant to subparagraph (D) of paragraph (1) of subdivision (a),
did not fall within that incarceration period. The registration shall
consist of all of the following:
(A) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
(B) The fingerprints and a current photograph of the person taken
by the registering official.
(C) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(D) Notice to the person that, in addition to the requirements of
paragraph (4), he or she may have a duty to register in any other
state where he or she may relocate.
(E) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
(3) Within three days thereafter, the preregistering official or
the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the Department of Justice.
(f) (1) (A) Any person who was last registered at a residence
address pursuant to this section who changes his or her residence
address, whether within the jurisdiction in which he or she is
currently registered or to a new jurisdiction inside or outside the
state, shall, in person, within five working days of the move, inform
the law enforcement agency or agencies with which he or she last
registered of the move, the new address or transient location, if
known, and any plans he or she has to return to California.
(B) If the person does not know the new residence address or
location at the time of the move, the registrant shall, in person,
within five working days of the move, inform the last registering
agency or agencies that he or she is moving. The person shall later
notify the last registering agency or agencies, in writing, sent by
certified or registered mail, of the new address or location within
five working days of moving into the new residence address or
location, whether temporary or permanent.
(C) The law enforcement agency or agencies shall, within three
working days after receipt of this information, forward a copy of the
change of address information to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency or agencies having local jurisdiction of
the new place of residence.
(2) If the person's new address is in a Division of Juvenile
Justice facility or state mental institution, an official of the
place of incarceration, placement, or commitment shall, within 90
days of receipt of the person, forward the registrant's change of
address information to the Department of Justice. The agency need not
provide a physical address for the registrant but shall indicate
that he or she is serving a period of incarceration or commitment in
a facility under the agency's jurisdiction. This paragraph shall
apply to persons received in a Division of Juvenile Justice facility
or state mental institution on or after January 1, 1999. The
Department of Justice shall forward the change of address information
to the agency with which the person last registered.
(3) If any person who is required to register pursuant to this
section changes his or her name, the person shall inform, in person,
the law enforcement agency or agencies with which he or she is
currently registered within five working days. The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three working days of its receipt.
(g) (1) Any person who is required to register under this section
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of this section is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(2) Except as provided in paragraphs (5), (7), and (9), any person
who is required to register under this section based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of this section or who has a prior conviction or juvenile
adjudication for the offense of failing to register under this
section and who subsequently and willfully violates any requirement
of this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in this paragraph shall apply whether or not
the person has been released on parole or has been discharged from
parole.
(3) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but
who has been found not guilty by reason of insanity in the sanity
phase of the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required under
this section pursuant to subdivision (d), but who has been found not
guilty by reason of insanity, who willfully violates any requirement
of this section is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding one year. For any second
or subsequent willful violation of any requirement of this section,
the person is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
(4) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this
subdivision, he or she shall be required to complete parole of at
least one year, in addition to any other punishment imposed under
this subdivision. A person convicted of a felony as specified in this
subdivision may be granted probation only in the unusual case where
the interests of justice would best be served. When probation is
granted under this paragraph, the court shall specify on the record
and shall enter into the minutes the circumstances indicating that
the interests of justice would best be served by the disposition.
(5) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subparagraph (E) of paragraph (1) of
subdivision (a), shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year.
(6) Except as otherwise provided in paragraph (5), any person who
is required to register or reregister pursuant to clause (i) of
subparagraph (C) of paragraph (1) of subdivision (a) and willfully
fails to comply with the requirement that he or she reregister no
less than every 30 days is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail at least 30 days, but not
exceeding six months. A person who willfully fails to comply with the
requirement that he or she reregister no less than every 30 days
shall not be charged with this violation more often than once for a
failure to register in any period of 90 days. Any person who
willfully commits a third or subsequent violation of the requirements
of subparagraph (C) of paragraph (1) of subdivision (a) that he or
she reregister no less than every 30 days shall be punished in
accordance with either paragraph (1) or (2) of this subdivision.
(7) Any person who fails to provide proof of residence as required
by subparagraph (E) of paragraph (2) of subdivision (e), regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(8) Any person who is required to register under this section who
willfully violates any requirement of this section is guilty of a
continuing offense as to each requirement he or she violated.
(9) In addition to any other penalty imposed under this
subdivision, the failure to provide information required on
registration and reregistration forms of the Department of Justice,
or the provision of false information, is a crime punishable by
imprisonment in a county jail for a period not exceeding one year.
(h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the parole authority or the court, as the case may
be, shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.
(i) Except as otherwise provided by law, the statements,
photographs, and fingerprints required by this section shall not be
open to inspection by the public or by any person other than a
regularly employed peace officer or other law enforcement officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or whatever the assignment may be, the local law
enforcement agency having jurisdiction over the place or places where
the assignment shall occur shall be notified within a reasonable
time prior to removal from the institution. This subdivision shall
not apply to any person who is temporarily released under guard from
the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
() (1) Every person who, prior to January 1, 1997, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14
to 5 working days. This notice shall be provided in writing by the
registering agency or agencies. Failure to receive this notification
shall be a defense against the penalties prescribed by subdivision
(g) if the person did register within 14 days.
(2) Every person who, as a sexually violent predator, as defined
in Section 6600 of the Welfare and Institutions Code, is required to
verify his or her registration every 90 days, shall be notified
wherever he or she next registers of his or her increased
registration obligations. This notice shall be provided in writing by
the registering agency or agencies. Failure to receive this notice
shall be a defense against the penalties prescribed by paragraph (5)
of subdivision (g).
(m) The registration provisions of this section are applicable to
every person described in this section, without regard to when his or
her crime or crimes were committed or his or her duty to register
pursuant to this section arose, and to every offense described in
this section, regardless of when it was committed.
(n) On or before June 1, 2010, the Department of Justice shall
renovate the VCIN to do the following:
(1) Correct all software deficiencies affecting data integrity and
include designated data fields for all mandated sex offender data.
(2) Consolidate and simplify program logic, thereby increasing
system performance and reducing system maintenance costs.
(3) Provide all necessary data storage, processing, and search
capabilities.
(4) Provide law enforcement agencies with full Internet access to
all sex offender data and photos.
(5) Incorporate a flexible design structure to readily meet future
demands for enhanced system functionality, including public Internet
access to sex offender information pursuant to Section 290.46.
SEC. 188. Section 295 of the Penal Code is amended to read:
295. (a) This chapter shall be known and may be cited as the DNA
and Forensic Identification Database and Data Bank Act of 1998, as
amended.
(b) The people of the State of California set forth all of the
following:
(1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a useful law enforcement tool for identifying and
prosecuting criminal offenders and exonerating the innocent.
(2) It is the intent of the people of the State of California, in
order to further the purposes of this chapter, to require DNA and
forensic identification data bank samples from all persons, including
juveniles, for the felony and misdemeanor offenses described in
subdivision (a) of Section 296.
(3) It is necessary to enact this act defining and governing the
state's DNA and forensic identification database and data bank in
order to clarify existing law and to enable the state's DNA and
Forensic Identification Database and Data Bank Program to become a
more effective law enforcement tool.
(c) The purpose of the DNA and Forensic Identification Database
and Data Bank Program is to assist federal, state, and local criminal
justice and law enforcement agencies within and outside California
in the expeditious and accurate detection and prosecution of
individuals responsible for sex offenses and other crimes, the
exclusion of suspects who are being investigated for these crimes,
and the identification of missing and unidentified persons,
particularly abducted children.
(d) Like the collection of fingerprints, the collection of DNA
samples pursuant to this chapter is an administrative requirement to
assist in the accurate identification of criminal offenders.
(e) Unless otherwise requested by the Department of Justice,
collection of biological samples for DNA analysis from qualifying
persons under this chapter is limited to collection of inner cheek
cells of the mouth (buccal swab samples).
(f) The Department of Justice DNA Laboratory may obtain through
federal, state, or local law enforcement agencies blood specimens
from qualifying persons as defined in subdivision (a) of Section 296,
and according to procedures set forth in Section 298, when it is
determined in the discretion of the Department of Justice that such
specimens are necessary in a particular case or would aid the
department in obtaining an accurate forensic DNA profile for
identification purposes.
(g) The Department of Justice, through its DNA Laboratory, shall
be responsible for the management and administration of the state's
DNA and Forensic Identification Database and Data Bank Program and
for liaison with the Federal Bureau of Investigation (FBI) regarding
the state's participation in a national or international DNA database
and data bank program such as the FBI's Combined DNA Index System
(CODIS) that allows the storage and exchange of DNA records submitted
by state and local forensic DNA laboratories nationwide.
(h) The Department of Justice shall be responsible for
implementing this chapter.
(1) The Department of Justice DNA Laboratory, and the Department
of Corrections and Rehabilitation may adopt policies and enact
regulations for the implementation of this chapter, as necessary, to
give effect to the intent and purpose of this chapter, and to ensure
that data bank blood specimens, buccal swab samples, and thumb and
palm print impressions as required by this chapter are collected from
qualifying persons in a timely manner, as soon as possible after
arrest, conviction, or a plea or finding of guilty, no contest, or
not guilty by reason of insanity, or upon any disposition rendered in
the case of a juvenile who is adjudicated under Section 602 of the
Welfare and Institutions Code for commission of any of this chapter's
enumerated qualifying offenses, including attempts, or when it is
determined that a qualifying person has not given the required
specimens, samples or print impressions. Before adopting any policy
or regulation implementing this chapter, the Department of
Corrections and Rehabilitation shall seek advice from and consult
with the Department of Justice DNA Laboratory Director.
(2) Given the specificity of this chapter, and except as provided
in subdivision (c) of Section 298.1, any administrative bulletins,
notices, regulations, policies, procedures, or guidelines adopted by
the Department of Justice and its DNA Laboratory or the Department of
Corrections and Rehabilitation for the purpose of the implementing
this chapter are exempt from the provisions of the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
(3) The Department of Corrections and Rehabilitation shall submit
copies of any of its policies and regulations with respect to this
chapter to the Department of Justice DNA Laboratory Director, and
quarterly shall submit to the director written reports updating the
director as to the status of its compliance with this chapter.
(4) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Justice DNA Laboratory shall submit a quarterly report to be
published electronically on a Department of Justice Internet Web site
and made available for public review. The quarterly report shall
state the total number of samples received, the number of samples
received from the Department of Corrections and Rehabilitation, the
number of samples fully analyzed for inclusion in the CODIS database,
and the number of profiles uploaded into the CODIS database for the
reporting period. Each quarterly report shall state the total,
annual, and quarterly number of qualifying profiles in the Department
of Justice DNA Laboratory data bank both from persons and case
evidence, and the number of hits and investigations aided, as
reported to the National DNA Index System. The quarterly report shall
also confirm the laboratory's accreditation status and participation
in CODIS and shall include an accounting of the funds collected,
expended, and disbursed pursuant to subdivision (k).
(5) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Corrections and Rehabilitation shall submit a quarterly report to
be published electronically on a Department of Corrections and
Rehabilitation Internet Web site and made available for public
review. The quarterly report shall state the total number of inmates
housed in state correctional facilities, including a breakdown of
those housed in state prisons, camps, community correctional
facilities, and other facilities such as prisoner mother facilities.
Each quarterly report shall also state the total, annual, and
quarterly number of inmates who have yet to provide specimens,
samples and print impressions pursuant to this chapter and the number
of specimens, samples and print impressions that have yet to be
forwarded to the Department of Justice DNA Laboratory within 30 days
of collection.
(i) (1) When the specimens, samples, and print impressions
required by this chapter are collected at a county jail or other
county facility, including a private community correctional facility,
the county sheriff or chief administrative officer of the county
jail or other facility shall be responsible for ensuring all of the
following:
(A) The requisite specimens, samples, and print impressions are
collected from qualifying persons immediately following arrest,
conviction, or adjudication, or during the booking or intake or
reception center process at that facility, or reasonably promptly
thereafter.
(B) The requisite specimens, samples, and print impressions are
collected as soon as administratively practicable after a qualifying
person reports to the facility for the purpose of providing
specimens, samples, and print impressions.
(C) The specimens, samples, and print impressions collected
pursuant to this chapter are forwarded immediately to the Department
of Justice, and in compliance with department policies.
(2) The specimens, samples, and print impressions required by this
chapter shall be collected by a person using a collection kit
approved by the Department of Justice and in accordance with the
requirements and procedures set forth in subdivision (b) of Section
298.
(3) The counties shall be reimbursed for the costs of obtaining
specimens, samples, and print impressions subject to the conditions
and limitations set forth by the Department of Justice policies
governing reimbursement for collecting specimens, samples, and print
impressions pursuant to Section 76104.6 of the Government Code.
(j) The trial court may order that a portion of the costs assessed
pursuant to Section 1203.1c, 1203.1e, or 1203.1m include a
reasonable portion of the cost of obtaining specimens, samples, and
print impressions in furtherance of this chapter and the funds
collected pursuant to this subdivision shall be deposited in the DNA
Identification Fund as created by Section 76104.6 of the Government
Code.
(k) The Department of Justice DNA Laboratory shall be known as the
Jan Bashinski DNA Laboratory.
SEC. 189. Section 298.1 of the Penal Code is amended to read:
298.1. (a) As of the effective date of this chapter, any person
who refuses to give any or all of the following, blood specimens,
saliva samples, or thumb or palm print impressions as required by
this chapter, once he or she has received written notice from the
Department of Justice, the Department of Corrections and
Rehabilitation, any law enforcement personnel, or officer of the
court that he or she is required to provide specimens, samples, and
print impressions pursuant to this chapter is guilty of a
misdemeanor. The refusal or failure to give any or all of the
following, a blood specimen, saliva sample, or thumb or palm print
impression is punishable as a separate offense by both a fine of five
hundred dollars ($500) and imprisonment of up to one year in a
county jail, or if the person is already imprisoned in the state
prison, by sanctions for misdemeanors according to a schedule
determined by the Department of Corrections and Rehabilitation.
(b) (1) Notwithstanding subdivision (a), authorized law
enforcement, custodial, or corrections personnel, including peace
officers as defined in Sections 830, 830.1, subdivision (d) of
Section 830.2, Sections 830.5, 830.38, or 830.55, may employ
reasonable force to collect blood specimens, saliva samples, or thumb
or palm print impressions pursuant to this chapter from individuals
who, after written or oral request, refuse to provide those
specimens, samples, or thumb or palm print impressions.
(2) The withdrawal of blood shall be performed in a medically
approved manner in accordance with the requirements of paragraph (2)
of subdivision (b) of Section 298.
(3) The use of reasonable force as provided in this subdivision
shall be carried out in a manner consistent with regulations and
guidelines adopted pursuant to subdivision (c).
(c) (1) The Department of Corrections and Rehabilitation and the
Division of Juvenile Justice shall adopt regulations governing the
use of reasonable force as provided in subdivision (b), which shall
include the following:
(A) "Use of reasonable force" shall be defined as the force that
an objective, trained, and competent correctional employee, faced
with similar facts and circumstances, would consider necessary and
reasonable to gain compliance with this chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer on duty.
The authorization shall include information that reflects the fact
that the offender was asked to provide the requisite specimen,
sample, or impression and refused.
(C) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
regulations shall provide that the extraction be videotaped.
(2) The Corrections Standards Authority shall adopt guidelines
governing the use of reasonable force as provided in subdivision (b)
for local detention facilities, which shall include the following:
(A) "Use of reasonable force" shall be defined as the force that
an objective, trained and competent correctional employee, faced with
similar facts and circumstances, would consider necessary and
reasonable to gain compliance with this chapter.
(B) The use of reasonable force shall not be authorized without
the prior written authorization of the supervising officer on duty.
The authorization shall include information that reflects the fact
that the offender was asked to provide the requisite specimen,
sample, or impression and refused.
(C) The use of reasonable force shall be preceded by efforts to
secure voluntary compliance with this section.
(D) If the use of reasonable force includes a cell extraction, the
extraction shall be videotaped.
(3) The Department of Corrections and Rehabilitation, the Division
of Juvenile Justice, and the Corrections Standards Authority shall
report to the Legislature not later than January 1, 2005, on the use
of reasonable force pursuant to this section. The report shall
include, but is not limited to, the number of refusals, the number of
incidents of the use of reasonable force under this section, the
type of force used, the efforts undertaken to obtain voluntary
compliance, if any, and whether any medical attention was needed by
the prisoner or personnel as a result of force being used.
SEC. 190. Section 374.5 of the Penal Code is amended to read:
374.5. (a) It is unlawful for any grease waste hauler to do
either of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.
SEC. 191. Section 977 of the Penal Code is amended to read:
977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs (2) and (3). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused shall be
present for arraignment and sentencing, and at any time during the
proceedings when ordered by the court for the purpose of being
informed of the conditions of a protective order issued pursuant to
Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving
driving under the influence, in an appropriate case, the court may
order a defendant to be present for arraignment, at the time of plea,
or at sentencing. For purposes of this paragraph, a misdemeanor
offense involving driving under the influence shall include a
misdemeanor violation of any of the following:
(A) Paragraph (3) of subdivision (c) of Section 192.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle
Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"Waiver of Defendant's Personal Presence"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(c) The court may permit the initial court appearance and
arraignment in superior court of defendants held in any state,
county, or local facility within the county on felony or misdemeanor
charges, except for those defendants who were indicted by a grand
jury, to be conducted by two-way electronic audiovideo communication
between the defendant and the courtroom in lieu of the physical
presence of the defendant in the courtroom. If the defendant is
represented by counsel, the attorney shall be present with the
defendant at the initial court appearance and arraignment, and may
enter a plea during the arraignment. However, if the defendant is
represented by counsel at an initial hearing in superior court in a
felony case, and if the defendant does not plead guilty or nolo
contendere to any charge, the attorney shall be present with the
defendant or if the attorney is not present with the defendant, the
attorney shall be present in court during the hearing. The defendant
shall have the right to make his or her plea while physically present
in the courtroom if he or she so requests. If the defendant decides
not to exercise the right to be physically present in the courtroom,
he or she shall execute a written waiver of that right. A judge may
order a defendant's personal appearance in court for the initial
court appearance and arraignment. In a misdemeanor case, a judge may,
pursuant to this subdivision, accept a plea of guilty or no contest
from a defendant who is not physically in the courtroom. In a felony
case, a judge may, pursuant to this subdivision, accept a plea of
guilty or no contest from a defendant who is not physically in the
courtroom if the parties stipulate thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.
SEC. 192. Section 1037.1 of the Penal Code is amended to read:
1037.1. (a) Change of venue costs, as defined in Section 1037,
that are court operations, as defined in Section 77003 of the
Government Code and Rule 10.810 of the California Rules of Court,
shall be considered court costs to be charged against and paid by the
transferring court to the receiving court.
(b) The Judicial Council shall adopt financial policies and
procedures to ensure the timely payment of court costs pursuant to
this section. The policies and procedures shall include, but are not
limited to, both of the following:
(1) The requirement that courts approve a budget and a timeline
for reimbursement before the beginning of the trial.
(2) A process for the Administrative Office of the Courts to
mediate any disputes regarding costs between transferring and
receiving courts.
(c) (1) The presiding judge of the transferring court, or his or
her designee, shall authorize the payment for the reimbursement of
court costs out of the court operations fund of the transferring
court.
(2) Payments for the reimbursement of court costs shall be
deposited into the court operations fund of the receiving court.
SEC. 193. Section 1037.2 of the Penal Code is amended to read:
1037.2. (a) Change of venue costs, as defined in Section 1037,
that are incurred by the receiving county and not defined as court
operations under Section 77003 of the Government Code or Rule 10.810
of the California Rules of Court shall be considered to be county
costs to be paid by the transferring county to the receiving county.
County costs include, but are not limited to, alterations, including
all construction-related costs, to a courthouse made that only
resulted from the transfer of the trial, rental of furniture or
equipment that only resulted from the transfer of the trial, inmate
transportation provided by the county sheriff from the jail to the
courthouse, security of the inmate or other participants in the
trial, unique or extraordinary costs for the extended storage and
safekeeping of evidence related to the trial, rental of jury parking
lot, jury parking lot security and related costs, security expenses
incurred by the county sheriff or a contracted agency that resulted
only from the transfer of the trial, and information services for the
court, jury, public, or media.
(b) Transferring counties shall approve a budget and a timeline
for the payment of county costs before the beginning of trial.
(c) Claims for the costs described in subdivision (a) shall be
forwarded to the treasurer and auditor of the transferring county on
a monthly basis. The treasurer shall pay the amount of county costs
out of the general funds of the transferring county within 30 days of
receiving the claim for costs from the receiving county.
(d) (1) The transferring court may, in its sound discretion,
determine the reasonable and necessary costs under this section.
(2) The transferring court's approval of costs shall become
effective 10 days after the court has given written notice of the
costs to the auditor of the transferring county.
(3) During the 10-day period specified in paragraph (2), the
auditor of the transferring county may contest the costs approved by
the transferring court.
(4) If the auditor of the transferring county fails to contest the
costs within the 10-day period specified in paragraph (2), the
transferring county shall be deemed to have waived the right to
contest the imposition of these costs.
SEC. 193.5. Section 12082 of the Penal Code is amended to read:
12082. (a) A person shall complete any sale, loan, or transfer of
a firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. The dealer shall then deliver the firearm
to the purchaser or transferee or the person being loaned the
firearm, if it is not prohibited, in accordance with subdivision (c)
of Section 12072. If the dealer cannot legally deliver the firearm to
the purchaser or transferee or the person being loaned the firearm,
the dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 12071 and 12072, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person
loaning the firearm when to do so would constitute a violation of
subdivision (a) of Section 12072. If the dealer cannot legally return
the firearm to the transferor or seller or the person loaning the
firearm, then the dealer shall forthwith deliver the firearm to the
sheriff of the county or the chief of police or other head of a
municipal police department of any city or city and county who shall
then dispose of the firearm in the manner provided by Sections 12028
and 12032. The purchaser or transferee or person being loaned the
firearm may be required by the dealer to pay a fee not to exceed ten
dollars ($10) per firearm, and no other fee may be charged by the
dealer for a sale, loan, or transfer of a firearm conducted pursuant
to this section, except for the applicable fee that the Department of
Justice may charge pursuant to Section 12076. Nothing in these
provisions shall prevent a dealer from charging a smaller fee. The
fee that the department may charge is the fee that would be
applicable pursuant to Section 12076, if the dealer was selling,
transferring, or delivering a firearm to a purchaser or transferee or
a person being loaned a firearm, without any other parties being
involved in the transaction.
(b) The Attorney General shall adopt regulations under this
section to do all of the following:
(1) Allow the seller or transferor or the person loaning the
firearm, and the purchaser or transferee or the person being loaned
the firearm, to complete a sale, loan, or transfer through a dealer,
and to allow those persons and the dealer to comply with the
requirements of this section and Sections 12071, 12072, 12076, and
12077 and to preserve the confidentiality of those records.
(2) Where a personal handgun importer is selling or transferring a
pistol, revolver, or other firearm capable of being concealed upon
the person to comply with clause (ii) of subparagraph (A) of
paragraph (2) of subdivision (f) of Section 12072, to allow a
personal handgun importer's ownership of the pistol, revolver, or
other firearm capable of being concealed upon the person being sold
or transferred to be recorded in a manner that if the firearm is
returned to that personal handgun importer because the sale or
transfer cannot be completed, the Department of Justice will have
sufficient information about that personal handgun importer so that a
record of his or her ownership can be maintained in the registry
provided by subdivision (c) of Section 11106.
(3) Ensure that the register or record of electronic transfer
shall state the name and address of the seller or transferor of the
firearm or the person loaning the firearm and whether or not the
person is a personal handgun importer in addition to any other
information required by Section 12077.
(c) Notwithstanding any other provision of law, a dealer who does
not sell, transfer, or keep an inventory of handguns is not required
to process private party transfers of handguns.
(d) A violation of this section by a dealer is a misdemeanor.
SEC. 194. Section 1458 of the Probate Code is amended to read:
1458. (a) On or before January 1, 2008, the Judicial Council
shall report to the Legislature the findings of a study measuring
court effectiveness in conservatorship cases. The report shall
include all of the following with respect to the courts chosen for
evaluation:
(1) A summary of caseload statistics, including both temporary and
permanent conservatorships, bonds, court investigations,
accountings, and use of professional conservators.
(2) An analysis of compliance with statutory timeframes.
(3) A description of any operational differences between courts
that affect the processing of conservatorship cases, including
timeframes.
(b) The Judicial Council shall select three courts for the
evaluation mandated by this section.
(c) The report shall include recommendations for statewide
performance measures to be collected, best practices that serve to
protect the rights of conservatees, and staffing needs to meet case
processing measures.
(d) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 195. Section 2352.5 of the Probate Code is amended to read:
2352.5. (a) It shall be presumed that the personal residence of
the conservatee at the time of commencement of the proceeding is the
least restrictive appropriate residence for the conservatee. In any
hearing to determine if removal of the conservatee from his or her
personal residence is appropriate, that presumption may be overcome
by a preponderance of the evidence.
(b) Upon appointment, the conservator shall determine the
appropriate level of care for the conservatee.
(1) That determination shall include an evaluation of the level of
care existing at the time of commencement of the proceeding and the
measures that would be necessary to keep the conservatee in his or
her personal residence.
(2) If the conservatee is living at a location other than his or
her personal residence at the commencement of the proceeding, that
determination shall either include a plan to return the conservatee
to his or her personal residence or an explanation of the limitations
or restrictions on a return of the conservatee to his or her
personal residence in the foreseeable future.
(c) The determination made by the conservator pursuant to
subdivision (b) shall be in writing, signed under penalty of perjury,
and submitted to the court within 60 days of appointment as
conservator.
(d) The conservator shall evaluate the conservatee's placement and
level of care if there is a material change in circumstances
affecting the conservatee's needs for placement and care.
(e) (1) This section shall not apply to a conservatee with
developmental disabilities for whom the Director of Developmental
Services or a regional center for the developmentally disabled,
established pursuant to Chapter 5 (commencing with Section 4620) of
Division 4.5 of the Welfare and Institutions Code, acts as the
conservator and who receives services from a regional center pursuant
to the Lanterman Developmental Disabilities Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code).
(2) Services, including residential placement, for a conservatee
described in paragraph (1) who is a consumer, as defined in Section
4512 of the Welfare and Institutions Code, shall be identified,
delivered, and evaluated consistent with the individual program plan
process described in Article 2 (commencing with Section 4640) of
Chapter 5 of Division 4.5 of the Welfare and Institutions Code.
SEC. 196. Section 4690 of the Probate Code is amended to read:
4690. (a) If the principal becomes wholly or partially
incapacitated, or if there is a question concerning the capacity of
the principal, the agent may consult with a person previously
designated by the principal for this purpose, and may also consult
with and obtain information needed to carry out the agent's duties
from the principal's spouse, physician, supervising health care
provider, attorney, a member of the principal's family, or other
person, including a business entity or government agency, with
respect to matters covered by the power of attorney for health care.
(b) A person described in subdivision (a) from whom information is
requested shall disclose information that the agent requires to
carry out his or her duties. Disclosure under this section is not a
waiver of any privilege that may apply to the information disclosed.
SEC. 197. Section 21071 of the Public Contract Code is amended to
read:
21071. (a) All contracts for any improvement or unit of work
except as provided in this article estimated to cost in excess of ten
thousand dollars ($10,000) shall be let to the lowest responsible
bidder in the manner provided in this article. The board of
supervisors of the district shall advertise by three insertions in a
daily newspaper of general circulation or two insertions in a weekly
newspaper of general circulation printed and published in the
district inviting sealed proposals for the construction of, the
improvement or work before any contract shall be made for the
improvement or work, and may let by contract separately any part of
the work or improvement. The board shall require the successful
bidder to file with the board good and sufficient bonds to be
approved by the board conditioned upon the faithful performance of
the contract and upon the payment of their claims for labor and
material in connection with the contract. The bonds shall contain the
terms and conditions set forth in Chapter 7 (commencing with Section
3247) of Title 15 of Part 4 of the Civil Code and be subject to the
provisions of that chapter. The board shall also have the right to
reject any and all bids. If all proposals are rejected or no
proposals are received pursuant to the advertisement, the estimated
cost of the work does not exceed the sum of ten thousand dollars
($10,000), or the work consists of channel protection, maintenance
work, or emergency work when necessary in order to protect life and
property from impending flood damage, the board of supervisors may,
without advertising for bids, have the work done by force account or
negotiated contract.
(b) The district shall have the power to purchase in the open
market without advertising for bids, materials, supplies, equipment,
and other personal property for use in any work either under contract
or by force account if the costs do not exceed ten thousand dollars
($10,000). It shall be the duty of the purchasing agent of Ventura
County, as the ex officio purchasing agent of the Ventura County
Watershed Protection District, unless otherwise ordered by the board
of supervisors, to purchase for the district all materials, supplies,
equipment, and other personal property necessary to carry out the
purposes of this article, and to engage independent contractors to
perform sundry services for the district, if the aggregate cost of
such work, exclusive of materials to be furnished by the district,
does not exceed ten thousand dollars ($10,000).
(c) The purchasing agent shall make all purchases and contracts
upon proper requisition, signed by the engineer-manager of the
district, or his or her authorized representative.
(d) If the work consists of the maintenance or alteration of
existing facilities, including electrical, painting, and roofing if
the cost of labor and materials for the work according to the
engineer's estimate will exceed five thousand dollars ($5,000), and
if the work is not of the type of work referred to in this section,
the maintenance and alteration work shall be performed under a
contract or contracts that shall be let to the lowest responsible
bidder or bidders in the manner described in this section.
SEC. 198. Section 22154 of the Public Contract Code is amended to
read:
22154. (a) All businesses shall certify in writing to the
contracting officer, or his or her representative, the minimum, if
not exact, percentage of postconsumer material in the products,
materials, goods, or supplies being offered or sold to any local
public entity.
(b) With respect to printer or duplication cartridges that comply
with the requirements of subdivision (e) of Section 12156, the
certification required by this section shall specify that the
cartridges so comply.
(c) A local public entity may waive the certification requirement
if the percentage of postconsumer material in the products,
materials, goods, or supplies can be verified in a written
advertisement, including, but not limited to, a product label, a
catalog, or a manufacturer or vendor Internet Web site.
SEC. 199. Section 5096.805 of the Public Resources Code is amended
to read:
5096.805. Unless the context otherwise requires, the definitions
set forth in this article govern the construction of this chapter.
(a) "Board" means the Reclamation Board or successor entity.
(b) "Committee" means the Disaster Preparedness and Flood
Prevention Bond Finance Committee, created by Section 5096.957.
(c) "Delta" means the area of the Sacramento-San Joaquin Delta as
defined in Section 12220 of the Water Code.
(d) "Department" means the Department of Water Resources.
(e) "Facilities of the State Plan of Flood Control" means the
levees, weirs, channels, and other features of the federally and
state-authorized flood control facilities located in the Sacramento
River and San Joaquin River drainage basin for which the board or the
department has given the assurances of nonfederal cooperation to the
United States required for the project, and those facilities
identified in Section 8361 of the Water Code.
(f) "Fund" means the Disaster Preparedness and Flood Prevention
Bond Fund of 2006, created by Section 5096.806.
(g) "Project levees" means the levees that are part of the
facilities of the State Plan of Flood Control.
(h) "Restoration" means the improvement of a physical structure or
facility and, in the case of natural system and landscape features,
includes, but is not limited to, a project for the control of
erosion, the control and elimination of exotic species, including
prescribed burning, fuel hazard reduction, fencing out threats to
existing or restored natural resources, road elimination, and other
plant and wildlife habitat improvement to increase the natural system
value of the property. A restoration project shall include the
planning, monitoring, and reporting necessary to ensure successful
implementation of the project objectives.
(i) "State General Obligation Bond Law" means the State General
Obligation Bond Law (Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code).
(j) "State Plan of Flood Control" means the state and federal
flood control works, lands, programs, plans, conditions, and mode of
maintenance and operations of the Sacramento River Flood Control
Project described in Section 8350 of the Water Code, and of flood
control projects in the Sacramento River and San Joaquin River
watersheds authorized pursuant to Article 2 (commencing with Section
12648) of Chapter 2 of Part 6 of Division 6 of the Water Code for
which the board or the department has provided the assurances of
nonfederal cooperation to the United States, which shall be updated
by the department and compiled into a single document entitled "The
State Plan of Flood Control."
(k) "Urban area" means any contiguous area in which more than
10,000 residents are protected by project levees.
SEC. 200. Section 5096.821 of the Public Resources Code is amended
to read:
5096.821. Three billion dollars ($3,000,000,000) shall be
available, upon appropriation to the department, for the following
purposes:
(a) The evaluation, repair, rehabilitation, reconstruction, or
replacement of levees, weirs, bypasses, and facilities of the State
Plan of Flood Control by all of the following actions:
(1) Repairing erosion sites and removing sediment from channels or
bypasses.
(2) Evaluating and repairing levees and any other facilities of
the State Plan of Flood Control.
(3) Implementing mitigation measures for a project undertaken
pursuant to this subdivision. The department may fund participation
in a natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code to facilitate projects authorized by this subdivision.
(b) Improving or adding facilities to the State Plan of Flood
Control to increase levels of flood prevention for urban areas,
including all related costs for mitigation and infrastructure
relocation. Funds made available by this subdivision may be expended
for state financial participation in federal and state authorized
flood control projects, feasibility studies and design of federal
flood damage reduction and related projects, and reservoir
reoperation and groundwater flood storage projects. Not more than two
hundred million dollars ($200,000,000) may be expended on a single
project, excluding authorized flood control improvements to Folsom
Dam.
(c) (1) To reduce the risk of levee failure in the delta.
(2) The funds made available for the purpose specified in
paragraph (1) shall be expended for both of the following purposes:
(A) Local assistance under the delta levee maintenance subventions
program under Part 9 (commencing with Section 12980) of Division 6
of the Water Code, as that part may be amended.
(B) Special flood protection projects under Chapter 2 (commencing
with Section 12310) of Part 4.8 of Division 6 of the Water Code, as
that chapter may be amended.
SEC. 201. Section 5097.98 of the Public Resources Code is amended
to read:
5097.98. (a) Whenever the commission receives notification of a
discovery of Native American human remains from a county coroner
pursuant to subdivision (c) of Section 7050.5 of the Health and
Safety Code, it shall immediately notify those persons it believes to
be most likely descended from the deceased Native American. The
descendants may, with the permission of the owner of the land, or his
or her authorized representative, inspect the site of the discovery
of the Native American human remains and may recommend to the owner
or the person responsible for the excavation work means for treatment
or disposition, with appropriate dignity, of the human remains and
any associated grave goods. The descendants shall complete their
inspection and make recommendations or preferences for treatment
within 48 hours of being granted access to the site.
(b) Upon the discovery of Native American remains, the landowner
shall ensure that the immediate vicinity, according to generally
accepted cultural or archaeological standards or practices, where the
Native American human remains are located, is not damaged or
disturbed by further development activity until the landowner has
discussed and conferred, as prescribed in this section, with the most
likely descendants regarding their recommendations, if applicable,
taking into account the possibility of multiple human remains. The
landowner shall discuss and confer with the descendants all
reasonable options regarding the descendants' preferences for
treatment.
(1) The descendants' preferences for treatment may include the
following:
(A) The nondestructive removal and analysis of human remains and
items associated with Native American human remains.
(B) Preservation of Native American human remains and associated
items in place.
(C) Relinquishment of Native American human remains and associated
items to the descendants for treatment.
(D) Other culturally appropriate treatment.
(2) The parties may also mutually agree to extend discussions,
taking into account the possibility that additional or multiple
Native American human remains, as defined in this section, are
located in the project area, providing a basis for additional
treatment measures.
(c) For the purposes of this section, "conferral" or "discuss and
confer" means the meaningful and timely discussion and careful
consideration of the views of each party, in a manner that is
cognizant of all parties' cultural values, and where feasible,
seeking agreement. Each party shall recognize the other's needs and
concerns for confidentiality of information provided to the other.
(d) (1) Human remains of a Native American may be an inhumation or
cremation, and in any state of decomposition or skeletal
completeness.
(2) Any items associated with the human remains that are placed or
buried with the Native American human remains are to be treated in
the same manner as the remains, but do not by themselves constitute
human remains.
(e) Whenever the commission is unable to identify a descendant, or
the descendants identified fail to make a recommendation, or the
landowner or his or her authorized representative rejects the
recommendation of the descendants and the mediation provided for in
subdivision (k) of Section 5097.94, if invoked, fails to provide
measures acceptable to the landowner, the landowner or his or her
authorized representative shall reinter the human remains and items
associated with Native American human remains with appropriate
dignity on the property in a location not subject to further and
future subsurface disturbance. To protect these sites, the landowner
shall do one or more of the following:
(1) Record the site with the commission or the appropriate
Information Center.
(2) Utilize an open-space or conservation zoning designation or
easement.
(3) Record a document with the county in which the property is
located.
(f) Upon the discovery of multiple Native American human remains
during a ground disturbing land development activity, the landowner
may agree that additional conferral with the descendants is necessary
to consider culturally appropriate treatment of multiple Native
American human remains. Culturally appropriate treatment of such a
discovery may be ascertained from a review of the site utilizing
cultural and archaeological standards. Where the parties are unable
to agree on the appropriate treatment measures the human remains and
items associated and buried with Native American human remains shall
be reinterred with appropriate dignity, pursuant to subdivision (e).
(g) Notwithstanding the provisions of Section 5097.9, this
section, including those actions taken by the landowner or his or her
authorized representative to implement this section and any action
taken to implement an agreement developed pursuant to subdivision ()
of Section 5097.94, shall be exempt from the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)).
(h) Notwithstanding the provisions of Section 30244, this section,
including those actions taken by the landowner or his or her
authorized representative to implement this section, and any action
taken to implement an agreement developed pursuant to subdivision ()
of Section 5097.94 shall be exempt from the requirements of the
California Coastal Act of 1976 (Division 20 (commencing with Section
30000)).
SEC. 202. Section 5645 of the Public Resources Code is amended to
read:
5645. The department may award a grant pursuant to this chapter
only for a project that meets all of the following criteria:
(a) The proposed project is within the jurisdiction of an eligible
applicant, as specified in Section 5644.
(b) The project will result in the creation of a new urban park,
new multipurpose facility, or new recreational opportunity.
SEC. 203. Section 6314 of the Public Resources Code is amended to
read:
6314. (a) A person who removes, without authorization from the
commission, or a person who destroys or damages an archaeological
site or a historic resource, that is located on or in the submerged
lands of, and that is the property of, the state, is guilty of a
misdemeanor, which shall be punishable by imprisonment in a county
jail not to exceed six months or a fine not to exceed five thousand
dollars ($5,000), or by both.
(b) The commission, or, at its request, the Attorney General or a
district attorney in whose jurisdiction the violation occurred, may
seek civil damages for the damage, loss, or destruction of an
abandoned shipwreck, its gear or cargo, or an archaeological site or
historic resource located on or in submerged lands of the state. A
vessel used to damage, destroy, or cause the loss of, any shipwreck
or archaeological site or historic resource is subject to a
proceeding in rem by the state for the costs and damages resulting
from that damage, destruction, or loss. Enforcement may include,
where appropriate, a restraining order or injunctive relief to
restrain and enjoin violations or threatened violations of Section
6309, Section 6313, or this section and for the return of items taken
in violation of these sections.
(c) An artifact, object, or material that has been removed from a
state submerged archaeological site or submerged historic resource,
as specified in subdivision (a), and that is found in any watercraft
occupied by persons who do not hold a permit as required by Section
6309 or 6313 or other reasonable evidence of legal possession is
prima facie evidence of a violation of that section and the artifact,
object, or material may be confiscated by a state, federal, or local
law enforcement officer. An artifact, an object, or material
confiscated pursuant to this section shall be returned to the person
claiming ownership, upon proof of ownership or legal right to
possession, within 30 days of its confiscation, unless a prosecuting
attorney determines that it is required as evidence in the
prosecution of a criminal violation.
(d) In a case in which a district attorney, at the request of the
commission, or with its concurrence, enforces subdivision (a), the
commission shall, notwithstanding Section 1463 of the Penal Code, be
entitled to an equal division of the fine imposed.
(e) All state and local law enforcement agencies and officers are
directed to assist in enforcing this section, and are requested to
work with and seek the cooperation of federal law enforcement
agencies, including deputizing federal officers when appropriate.
SEC. 203.5. The heading of Chapter 12 (commencing with Section
5860) of Division 5 of the Public Resources Code, as added by Section
1 of Chapter 827 of the Statutes of 2006, is amended and renumbered
to read:
CHAPTER 13. CALIFORNIA NATURAL LANDMARKS PROGRAM
SEC. 204. Section 14581 of the Public Resources Code is amended to
read:
14581. (a) Subject to the availability of funds, and pursuant to
subdivision (c), the department shall expend the moneys set aside in
the fund, pursuant to subdivision (c) of Section 14580, for the
purposes of this section:
(1) (A) On and after July 1, 2005, to June 30, 2006, inclusive, up
to thirty-one million dollars ($31,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(B) On and after July 1, 2006, to June 30, 2007, inclusive, up to
thirty-three million dollars ($33,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(C) On and after July 1, 2007, to June 30, 2008, inclusive, up to
thirty-five million dollars ($35,000,000) may be expended for that
fiscal year for the payment of handling fees pursuant to Section
14585.
(D) For each fiscal year commencing July 1, 2008, the department
may expend the amount necessary to make the required handling fee
payment pursuant to Section 14585.
(2) Fifteen million
dollars ($15,000,000) shall be expended annually for payments for
curbside programs and neighborhood dropoff programs pursuant to
Section 14549.6.
(3) (A) Fifteen million dollars ($15,000,000), plus the
proportional share of the cost-of-living adjustment, as provided in
subdivision (b), shall be expended annually in the form of grants for
beverage container litter reduction programs and recycling programs
issued to either of the following:
(i) Certified community conservation corps that were in existence
on September 30, 1999, or that are formed subsequent to that date,
that are designated by a city or a city and county to perform litter
abatement, recycling, and related activities, if the city or the city
and county has a population, as determined by the most recent
census, of more than 250,000 persons.
(ii) Community conservation corps that are designated by a county
to perform litter abatement, recycling, and related activities, and
are certified by the California Conservation Corps as having operated
for a minimum of two years and as meeting all other criteria of
Section 14507.5.
(B) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
(4) (A) On or after July 1, 2007, until June 30, 2008, for only
that fiscal year, up to twenty million dollars ($20,000,000) may be
expended in the form of competitive grants issued to community
conservation corps that are designated by a city or county and that
meet all of the following criteria:
(i) Are certified by the California Conservation Corps as having
operated for a minimum of two years.
(ii) Meet all other requirements under Section 14507.5.
(B) The department shall prepare and adopt criteria and procedures
for evaluating grant applications on a competitive basis. Eligible
activities for the use of these funds shall include developing new
projects, or enhancing or assisting existing projects, to increase
beverage container recycling and increasing the quality of recycled
material at the following locations:
(i) Multi-family dwellings.
(ii) Schools.
(iii) Commercial, state, and local government buildings.
(iv) Bars, restaurants, hotels, and lodging establishments, and
entertainment venues.
(v) Parks and beaches.
(C) Any grants provided pursuant to this paragraph shall not
comprise more than 75 percent of the annual budget of a community
conservation corps.
(D) Any grants provided pursuant to this paragraph shall support
one-time capital improvement projects and shall not be used to
support ongoing staff activities.
(E) Any grant funds appropriated pursuant to this paragraph that
have not been awarded to a grantee prior to the end of the 2007-08
fiscal year shall revert to the fund.
(5) (A) Ten million five hundred thousand dollars ($10,500,000)
may be expended annually for payments of five thousand dollars
($5,000) to cities and ten thousand dollars ($10,000) for payments to
counties for beverage container recycling and litter cleanup
activities, or the department may calculate the payments to counties
and cities on a per capita basis, and may pay whichever amount is
greater, for those activities.
(B) Eligible activities for the use of these funds may include,
but are not necessarily limited to, support for new or existing
curbside recycling programs, neighborhood dropoff recycling programs,
public education-promoting beverage container recycling, litter
prevention, and cleanup, cooperative regional efforts among two or
more cities or counties, or both, or other beverage container
recycling programs.
(C) These funds may not be used for activities unrelated to
beverage container recycling or litter reduction.
(D) To receive these funds, a city, county, or city and county
shall fill out and return a funding request form to the Department of
Conservation. The form shall specify the beverage container
recycling or litter reduction activities for which the funds will be
used.
(E) The Department of Conservation shall annually prepare and
distribute a funding request form to each city, county, or city and
county. The form shall specify the amount of beverage container
recycling and litter cleanup funds for which the jurisdiction is
eligible. The form shall not exceed one double-sided page in length,
and may be submitted electronically. If a city, county, or city and
county does not return the funding request form within 90 days of
receipt of the form from the department, the city, county, or city
and county is not eligible to receive the funds for that funding
cycle.
(F) For the purposes of this paragraph, per capita population
shall be based on the population of the incorporated area of a city
or city and county and the unincorporated area of a county. The
department may withhold payment to any city, county, or city and
county that has prohibited the siting of a supermarket site, caused a
supermarket site to close its business, or adopted a land use policy
that restricts or prohibits the siting of a supermarket site within
its jurisdiction.
(6) One million five hundred thousand dollars ($1,500,000) may be
expended annually in the form of grants for beverage container
recycling and litter reduction programs.
(7) (A) The department shall expend the amount necessary to pay
the processing payment and supplemental processing payment
established pursuant to Sections 14575 and 14575.5 and pay processing
fee rebates pursuant to Section 14575.2. The department shall
establish separate processing fee accounts in the fund for each
beverage container material type for which a processing payment and
processing fee are calculated pursuant to Section 14575, or for which
a processing payment is calculated pursuant to Section 14575 and a
voluntary artificial scrap value is calculated pursuant to Section
14575.1, into which account shall be deposited all of the following:
(i) All amounts paid as processing fees for each beverage
container material type pursuant to Section 14575.
(ii) Funds equal to the difference between the amount in clause
(i) and the amount of the processing payments established in
subdivision (b) of Section 14575, and adjusted pursuant to paragraphs
(2) and (3) of subdivision (c) of, and subdivision (f) of, Section
14575, to reduce the processing fee to the level provided in
subdivision (f) of Section 14575, or to reflect the agreement by a
willing purchaser to pay a voluntary artificial scrap value pursuant
to Section 14575.1.
(iii) Funds equal to an amount sufficient to pay the total amount
of the supplemental processing payments established pursuant to
Section 14575.5.
(B) Notwithstanding Section 13340 of the Government Code, the
money in each processing fee account is hereby continuously
appropriated to the department for expenditure without regard to
fiscal years, for purposes of making processing payments and
supplemental processing payments, and reducing processing fees,
pursuant to Sections 14575 and 14575.5 and paying processing fee
rebates pursuant to Section 14575.2.
(8) Up to five million dollars ($5,000,000) may be annually
expended by the department for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers.
(9) Until January 1, 2008, the department may expend up to five
million dollars ($5,000,000) for the purposes of undertaking a
statewide public education and information campaign aimed at
promoting increased recycling of beverage containers that meets both
of the following requirements:
(A) The public education and information campaign is multimedia
and includes print, radio, and television.
(B) The public education and information campaign is multilingual.
(10) (A) Until January 1, 2007, up to three million dollars
($3,000,000) shall be expended annually for the payment of quality
glass incentive payments pursuant to Section 14549.1.
(B) On and after January 1, 2007, up to fifteen million dollars
($15,000,000) may be expended annually by the department for quality
incentive payments for empty beverage containers pursuant to Section
14549.1.
(11) Up to twenty million dollars ($20,000,000) may be expended
annually by the department, until January 1, 2012, to issue grants
for recycling market development and expansion-related activities
aimed at increasing the recycling of beverage containers, including,
but not limited to, the following:
(A) Research and development of collecting, sorting, processing,
cleaning, or otherwise upgrading the market value of recycled
beverage containers.
(B) Identification, development, and expansion of markets for
recycled beverage containers.
(C) Research and development for products manufactured using
recycled beverage containers.
(D) Research and development to provide high-quality materials
that are substantially free of contamination.
(E) Payments to California manufacturers who recycle beverage
containers that are marked by resin type identification code "3," "4,"
"5," "6," or "7," pursuant to Section 18015.
(12) Up to ten million dollars ($10,000,000) may be transferred on
a one-time basis by the department to the Recycling Infrastructure
Loan Guarantee Account, for expenditure pursuant to Section 14582.
(13) Up to ten million dollars ($10,000,000) may be expended
annually by the department for the payment of recycling incentive
payments pursuant to Section 14549.7 until payments for eligible
beverage containers redeemed or collected for recycling on or before
December 31, 2009, have been paid.
(14) Up to five million dollars ($5,000,000) may be expended
annually by the department for market development payments for empty
plastic beverage containers pursuant to Section 14549.2, until
January 1, 2012.
(15) Up to five million dollars ($5,000,000) may be expended by
the department, on a one-time basis beginning on January 1, 2007, in
coordination with the Department of Parks and Recreation for the
purposes of installing source separated beverage container recycling
receptacles at each of the state parks, starting with those parks
that have the highest day use.
(16) Up to five million dollars ($5,000,000) may be expended, from
January 1, 2007, to January 1, 2008, to provide grants to local
governments or nonprofit agencies to place multifamily housing source
separated beverage container recycling receptacles in low-income
communities.
(b) The fifteen million dollars ($15,000,000) that is set aside
pursuant to paragraph (3) of subdivision (a) is a base amount that
the department shall adjust annually to reflect any increases or
decreases in the cost of living, as measured by the Department of
Labor, or a successor agency, of the federal government.
(c) (1) The department shall review all funds on a quarterly basis
to ensure that there are adequate funds to make the payments
specified in this section and the processing fee reductions required
pursuant to Section 14575.
(2) If the department determines, pursuant to a review made
pursuant to paragraph (1), that there may be inadequate funds to pay
the payments required by this section and the processing fee
reductions required pursuant to Section 14575, the department shall
immediately notify the appropriate policy and fiscal committees of
the Legislature regarding the inadequacy.
(3) On or before 180 days after the notice is sent pursuant to
paragraph (2), the department may reduce or eliminate expenditures,
or both, from the funds as necessary, according to the procedure set
forth in subdivision (d).
(d) If the department determines that there are insufficient funds
to make the payments specified pursuant to this section and Section
14575, the department shall reduce all payments proportionally.
(e) Prior to making an expenditure pursuant to paragraph (7) of
subdivision (a), the department shall convene an advisory committee
consisting of representatives of the beverage industry, beverage
container manufacturers, environmental organizations, the recycling
industry, nonprofit organizations, and retailers, to advise the
department on the most cost-effective and efficient method of the
expenditure of the funds for that education and information campaign.
(f) After setting aside money for the expenditures required
pursuant to subdivisions (a) and (b) and Section 14580, the
department may, on and after January 1, 2007, but not after July 1,
2007, expend remaining moneys in the fund to pay a refund value in an
amount greater than the refund value established pursuant to
subdivision (b) of Section 14560.
SEC. 205. Section 16053 of the Public Resources Code is amended to
read:
16053. (a) A grease waste hauler who violates this division shall
be subject to a civil penalty, for the first violation, in an amount
that does not exceed five thousand dollars ($5,000).
(b) A grease waste hauler who violates this division, for a second
or subsequent violation, shall be subject to a civil penalty in an
amount that does not exceed ten thousand dollars ($10,000).
(c) A grease waste hauler who violates this division may also be
subject to any further equitable remedy, as determined by the court.
(d) The civil penalties collected pursuant to this division shall
be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303 of the Penal Code, and used for purposes of Title 13
(commencing with Section 14300) of Part 4 of the Penal Code.
(2) Fifty percent to the local health officer or other local
public officer or agency that investigated the matter that led to
bringing the action.
SEC. 206. Section 21151.8 of the Public Resources Code is amended
to read:
21151.8. (a) An environmental impact report or negative
declaration may not be approved for any project involving the
purchase of a schoolsite or the construction of a new elementary or
secondary school by a school district unless all of the following
occur:
(1) The environmental impact report or negative declaration
includes information that is needed to determine if the property
proposed to be purchased, or to be constructed upon, is any of the
following:
(A) The site of a current or former hazardous waste disposal site
or solid waste disposal site and, if so, whether the wastes have been
removed.
(B) A hazardous substance release site identified by the
Department of Toxic Substances Control in a current list adopted
pursuant to Section 25356 of the Health and Safety Code for removal
or remedial action pursuant to Chapter 6.8 (commencing with Section
25300) of Division 20 of the Health and Safety Code.
(C) A site that contains one or more pipelines, situated
underground or aboveground, that carries hazardous substances,
extremely hazardous substances, or hazardous wastes, unless the
pipeline is a natural gas line that is used only to supply natural
gas to that school or neighborhood, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest
traffic lane of a freeway or other busy traffic corridor.
(2) The school district, as the lead agency, in preparing the
environmental impact report or negative declaration has notified in
writing and consulted with the administering agency in which the
proposed schoolsite is located, pursuant to Section 2735.3 of Title
19 of the California Code of Regulations, and with any air pollution
control district or air quality management district having
jurisdiction in the area, to identify both permitted and nonpermitted
facilities within that district's authority, including, but not
limited to, freeways and busy traffic corridors, large agricultural
operations, and railyards, within one-fourth of a mile of the
proposed schoolsite, that might reasonably be anticipated to emit
hazardous emissions or handle hazardous or extremely hazardous
substances or waste. The notification by the school district, as the
lead agency, shall include a list of the locations for which
information is sought.
(3) The governing board of the school district makes one of the
following written findings:
(A) Consultation identified no facilities of this type or other
significant pollution sources specified in paragraph (2).
(B) The facilities or other pollution sources specified in
paragraph (2) exist, but one of the following conditions applies:
(i) The health risks from the facilities or other pollution
sources do not and will not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school.
(ii) Corrective measures required under an existing order by
another agency having jurisdiction over the facilities or other
pollution sources will, before the school is occupied, result in the
mitigation of all chronic or accidental hazardous air emissions to
levels that do not constitute an actual or potential endangerment of
public health to persons who would attend or be employed at the
proposed school. If the governing board makes a finding pursuant to
this clause, it shall also make a subsequent finding, prior to
occupancy of the school, that the emissions have been so mitigated.
(iii) For a schoolsite with a boundary that is within 500 feet of
the edge of the closest traffic lane of a freeway or other busy
traffic corridor, the governing board of the school district
determines, through analysis pursuant to paragraph (2) of subdivision
(b) of Section 44360 of the Health and Safety Code, based on
appropriate air dispersion modeling, and after considering any
potential mitigation measures, that the air quality at the proposed
site is such that neither short-term nor long-term exposure poses
significant health risks to pupils.
(C) The facilities or other pollution sources specified in
paragraph (2) exist, but conditions in clause (i), (ii) or (iii) of
subparagraph (B) cannot be met, and the school district is unable to
locate an alternative site that is suitable due to a severe shortage
of sites that meet the requirements in subdivision (a) of Section
17213 of the Education Code. If the governing board makes this
finding, the governing board shall adopt a statement of Overriding
Considerations pursuant to Section 15093 of Title 14 of the
California Code of Regulations.
(4) Each administering agency, air pollution control district, or
air quality management district receiving written notification from a
lead agency to identify facilities pursuant to paragraph (2) shall
provide the requested information and provide a written response to
the lead agency within 30 days of receiving the notification. The
environmental impact report or negative declaration shall be
conclusively presumed to comply with this section as to the area of
responsibility of any agency that does not respond within 30 days.
(b) If a school district, as a lead agency, has carried out the
consultation required by paragraph (2) of subdivision (a), the
environmental impact report or the negative declaration shall be
conclusively presumed to comply with this section, notwithstanding
any failure of the consultation to identify an existing facility or
other pollution source specified in paragraph (2) of subdivision (a).
(c) As used in this section and Section 21151.4, the following
definitions shall apply:
(1) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(2) "Extremely hazardous substances" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
(3) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(4) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(5) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(6) "Administering agency" means an agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
(8) "Facilities" means any source with a potential to use,
generate, emit, or discharge hazardous air pollutants, including, but
not limited to, pollutants that meet the definition of a hazardous
substance, and whose process or operation is identified as an
emission source pursuant to the most recent list of source categories
published by the California Air Resources Board.
(9) "Freeway or other busy traffic corridors" means those roadways
that, on an average day, have traffic in excess of 50,000 vehicles
in a rural area, as defined in Section 50101 of the Health and Safety
Code, and 100,000 vehicles in an urban area, as defined in Section
50104.7 of the Health and Safety Code.
SEC. 207. Section 21167.6 of the Public Resources Code is amended
to read:
21167.6. Notwithstanding any other provision of law, in all
actions or proceedings brought pursuant to Section 21167, except
those involving the Public Utilities Commission, all of the following
shall apply:
(a) At the time that the action or proceeding is filed, the
plaintiff or petitioner shall file a request that the respondent
public agency prepare the record of proceedings relating to the
subject of the action or proceeding. The request, together with the
complaint or petition, shall be served personally upon the public
agency not later than 10 business days from the date that the action
or proceeding was filed.
(b) (1) The public agency shall prepare and certify the record of
proceedings not later than 60 days from the date that the request
specified in subdivision (a) was served upon the public agency. Upon
certification, the public agency shall lodge a copy of the record of
proceedings with the court and shall serve on the parties notice that
the record of proceedings has been certified and lodged with the
court. The parties shall pay any reasonable costs or fees imposed for
the preparation of the record of proceedings in conformance with any
law or rule of court.
(2) The plaintiff or petitioner may elect to prepare the record of
proceedings or the parties may agree to an alternative method of
preparation of the record of proceedings, subject to certification of
its accuracy by the public agency, within the time limit specified
in this subdivision.
(c) The time limit established by subdivision (b) may be extended
only upon the stipulation of all parties who have been properly
served in the action or proceeding or upon order of the court.
Extensions shall be liberally granted by the court when the size of
the record of proceedings renders infeasible compliance with that
time limit. There is no limit on the number of extensions that may be
granted by the court, but no single extension shall exceed 60 days
unless the court determines that a longer extension is in the public
interest.
(d) If the public agency fails to prepare and certify the record
within the time limit established in paragraph (1) of subdivision
(b), or any continuances of that time limit, the plaintiff or
petitioner may move for sanctions, and the court may, upon that
motion, grant appropriate sanctions.
(e) The record of proceedings shall include, but is not limited
to, all of the following items:
(1) All project application materials.
(2) All staff reports and related documents prepared by the
respondent public agency with respect to its compliance with the
substantive and procedural requirements of this division and with
respect to the action on the project.
(3) All staff reports and related documents prepared by the
respondent public agency and written testimony or documents submitted
by any person relevant to any findings or statement of overriding
considerations adopted by the respondent agency pursuant to this
division.
(4) Any transcript or minutes of the proceedings at which the
decisionmaking body of the respondent public agency heard testimony
on, or considered any environmental document on, the project, and any
transcript or minutes of proceedings before any advisory body to the
respondent public agency that were presented to the decisionmaking
body prior to action on the environmental documents or on the
project.
(5) All notices issued by the respondent public agency to comply
with this division or with any other law governing the processing and
approval of the project.
(6) All written comments received in response to, or in connection
with, environmental documents prepared for the project, including
responses to the notice of preparation.
(7) All written evidence or correspondence submitted to, or
transferred from, the respondent public agency with respect to
compliance with this division or with respect to the project.
(8) Any proposed decisions or findings submitted to the
decisionmaking body of the respondent public agency by its staff, or
the project proponent, project opponents, or other persons.
(9) The documentation of the final public agency decision,
including the final environmental impact report, mitigated negative
declaration, or negative declaration, and all documents, in addition
to those referenced in paragraph (3), cited or relied on in the
findings or in a statement of overriding considerations adopted
pursuant to this division.
(10) Any other written materials relevant to the respondent public
agency's compliance with this division or to its decision on the
merits of the project, including the initial study, any drafts of any
environmental document, or portions thereof, that have been released
for public review, and copies of studies or other documents relied
upon in any environmental document prepared for the project and
either made available to the public during the public review period
or included in the respondent public agency's files on the project,
and all internal agency communications, including staff notes and
memoranda related to the project or to compliance with this division.
(11) The full written record before any inferior administrative
decisionmaking body whose decision was appealed to a superior
administrative decisionmaking body prior to the filing of litigation.
(f) In preparing the record of proceedings, the party
preparing the record shall strive to do so at reasonable cost in
light of the scope of the record.
(g) The clerk of the superior court shall prepare and certify the
clerk's transcript on appeal not later than 60 days from the date
that the notice designating the papers or records to be included in
the clerk's transcript was filed with the superior court, if the
party or parties pay any costs or fees for the preparation of the
clerk's transcript imposed in conformance with any law or rules of
court. Nothing in this subdivision precludes an election to proceed
by appendix, as provided in Rule 8.124 of the California Rules of
Court.
(h) Extensions of the period for the filing of any brief on appeal
may be allowed only by stipulation of the parties or by order of the
court for good cause shown. Extensions for the filing of a brief on
appeal shall be limited to one 30-day extension for the preparation
of an opening brief, and one 30-day extension for the preparation of
a responding brief, except that the court may grant a longer
extension or additional extensions if it determines that there is a
substantial likelihood of settlement that would avoid the necessity
of completing the appeal.
(i) At the completion of the filing of briefs on appeal, the
appellant shall notify the court of the completion of the filing of
briefs, whereupon the clerk of the reviewing court shall set the
appeal for hearing on the first available calendar date.
SEC. 208. Section 25205 of the Public Resources Code is amended to
read:
25205. (a) No person shall be a member of the commission who,
during the two years prior to appointment on the commission, received
any substantial portion of his or her income directly or indirectly
from any electric utility, or who engages in sale or manufacture of
any major component of any facility. A member of the commission shall
not be employed by any electric utility, applicant, or, within two
years after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
(b) Except as provided in Section 25202, the members of the
commission shall not hold any other elected or appointed public
office or position.
(c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19251 of the Government Code.
(d) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services which the state may expect from the member
or employee.
(g) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
ten thousand dollars ($10,000) or imprisonment in the state prison,
or both.
(h) The amendment of subdivision (d) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.
SEC. 209. Section 25303 of the Public Resources Code is amended to
read:
25303. (a) The commission shall conduct electricity and natural
gas forecasting and assessment activities to meet the requirements of
paragraph (1) of subdivision (a) of Section 25302, including, but
not limited to, all of the following:
(1) Assessment of trends in electricity and natural gas supply and
demand, and the outlook for wholesale and retail prices for
commodity electricity and natural gas under current market structures
and expected market conditions.
(2) Forecasts of statewide and regional electricity and natural
gas demand including annual, seasonal, and peak demand, and the
factors leading to projected demand growth, including, but not
limited to, projected population growth, urban development,
industrial expansion and energy intensity of industries, energy
demand for different building types, energy efficiency, and other
factors influencing demand for electricity. With respect to
long-range forecasts of the demand for natural gas, the report shall
include an evaluation of average conditions, as well as best and
worst case scenarios, and an evaluation of the impact of the
increasing use of renewable resources on natural gas demand.
(3) Evaluation of the adequacy of electricity and natural gas
supplies to meet forecasted demand growth. Assessment of the
availability, reliability, and efficiency of the electricity and
natural gas infrastructure and systems, including, but not limited
to, natural gas production capability both in and out of state,
natural gas interstate and intrastate pipeline capacity, storage and
use, and western regional and California electricity and transmission
system capacity and use.
(4) Evaluation of potential impacts of electricity and natural gas
supply, demand, and infrastructure and resource additions on the
electricity and natural gas systems, public health and safety, the
economy, resources, and the environment.
(5) Evaluation of the potential impacts of electricity and natural
gas load management efforts, including end-user response to market
price signals, as a means to ensure reliable operation of electricity
and natural gas systems.
(6) Evaluation of whether electricity and natural gas markets are
adequately meeting public interest objectives including the provision
of all of the following: economic benefits; competitive, low-cost
reliable services; customer information and protection; and
environmentally sensitive electricity and natural gas supplies. This
evaluation may consider the extent to which California is an element
within western energy markets, the existence of appropriate
incentives for market participants to provide supplies and for
consumers to respond to energy prices, appropriate identification of
responsibilities of various market participants, and an assessment of
long-term versus short-term market performance. To the extent this
evaluation identifies market shortcomings, the commission shall
propose market structure changes to improve performance.
(7) Identification of impending or potential problems or
uncertainties in the electricity and natural gas markets, potential
options and solutions, and recommendations.
(8) (A) Compilation and assessment of existing scientific studies
that have been performed by persons or entities with expertise and
qualifications in the subject of the studies to determine the
potential vulnerability to a major disruption due to aging or a major
seismic event of large baseload generation facilities, of 1,700
megawatts or greater.
(B) The assessment specified in subparagraph (A) shall include an
analysis of the impact of a major disruption on system reliability,
public safety, and the economy.
(C) The commission may work with other public entities and public
agencies, including, but not limited to, the California Independent
System Operator, the Public Utilities Commission, the Department of
Conservation, and the Seismic Safety Commission as necessary, to
gather and analyze the information required by this paragraph.
(D) Upon completion and publication of the initial review of the
information required pursuant to this paragraph, the commission shall
perform subsequent updates as new data or new understanding of
potential seismic hazards emerge.
(b) Commencing November 1, 2003, and every two years thereafter,
to be included in the integrated energy policy report prepared
pursuant to Section 25302, the commission shall assess the current
status of the following:
(1) The environmental performance of the electric generation
facilities of the state, to include all of the following:
(A) Generation facility efficiency.
(B) Air emission control technologies in use in operating plants.
(C) The extent to which recent resource additions have, and
expected resource additions are likely to, displace or reduce the
operation of existing facilities, including the environmental
consequences of these changes.
(2) The geographic distribution of statewide environmental,
efficiency, and socioeconomic benefits and drawbacks of existing
generation facilities, including, but not limited to, the impacts on
natural resources including wildlife habitat, air quality, and water
resources, and the relationship to demographic factors. The
assessment shall describe the socioeconomic and demographic factors
that existed when the facilities were constructed and the current
status of these factors. In addition, the report shall include how
expected or recent resource additions could change the assessment
through displaced or reduced operation of existing facilities.
(c) In the absence of a long-term nuclear waste storage facility,
the commission shall assess the potential state and local costs and
impacts associated with accumulating waste at California's nuclear
powerplants. The commission shall further assess other key policy and
planning issues that will affect the future role of nuclear
powerplants in the state. The commission's assessment shall be
adopted on or before November 1, 2008, and included in the 2008
energy policy review adopted pursuant to subdivision (d) of Section
25302.
SEC. 210. Section 25310 of the Public Resources Code is amended to
read:
25310. On or before November 1, 2007, and by November 1 of every
third year thereafter, the commission in consultation with the Public
Utilities Commission and local publicly owned electric utilities, in
a public process that allows input from other stakeholders, shall
develop a statewide estimate of all potentially achievable
cost-effective electricity and natural gas efficiency savings and
establish targets for statewide annual energy efficiency savings and
demand reduction for the next 10-year period. The commission shall
base its estimate at least in part on information developed pursuant
to Sections 454.55, 454.56, and 9615 of the Public Utilities Code.
The commission shall, for each electrical corporation and each gas
corporation, include in the integrated energy policy report, a
comparison of the public utility's annual targets established
pursuant to Sections 454.55 and 454.56, and the public utility's
actual energy efficiency savings and demand reductions.
SEC. 211. Section 25742 of the Public Resources Code is amended to
read:
25742. (a) Ten percent of the funds collected pursuant to the
renewable energy public goods charge shall be used for programs that
are designed to achieve fully competitive and self-sustaining
existing in-state renewable electricity generation facilities, and to
secure for the state the environmental, economic, and reliability
benefits that continued operation of those facilities will provide,
during the 2007-11 investment cycle. Eligibility for incentives under
this section shall be limited to those technologies found eligible
for funds by the commission pursuant to paragraphs (4), (5), and (7)
of subdivision (e) of Section 25740.5.
(b) Any funds used to support in-state renewable electricity
generation facilities pursuant to this section shall be expended in
accordance with this chapter.
(c) Facilities that are eligible to receive funding pursuant to
this section shall be registered in accordance with criteria
developed by the commission and those facilities shall not receive
payments for any electricity produced that has any of the following
characteristics:
(1) Is sold at monthly average rates equal to or greater than the
applicable target price, as determined by the commission.
(2) Is used onsite.
(d) Existing facilities generating electricity from biomass energy
shall be eligible for funding and otherwise considered an in-state
renewable electricity generation facility only if they report to the
commission the types and quantities of biomass fuels used and certify
to the satisfaction of the commission that fuel utilization is
limited to the fuels specified in subdivision (f) of Section 25743.
The commission shall report the types and quantities of biomass fuels
used by each facility to the Legislature in the reports prepared
pursuant to Section 25748.
(e) Each existing facility seeking an award pursuant to this
section shall be evaluated by the commission to determine the amount
of the funds being sought, the cumulative amount of funds the
facility has received previously from the commission and other state
sources, the value of any past and current federal or state tax
credits, the facility's contract price for energy and capacity, the
prices received by similar facilities, the market value of the
facility, and the likelihood that the award will make the facility
competitive and self-sustaining within the 2007-11 investment cycle.
The commission shall use this evaluation to determine the value of an
award to the public relative to other renewable energy investment
alternatives. The commission shall compile its findings and report
them to the Legislature in the reports prepared pursuant to Section
25748.
SEC. 212. Section 25743 of the Public Resources Code is amended to
read:
25743. (a) Fifty-one and one-half percent of the money collected
pursuant to the renewable energy public goods charge shall be used
for programs designed to foster the development of new in-state
renewable electricity generation facilities, and to secure for the
state the environmental, economic, and reliability benefits that
operation of those facilities will provide.
(b) Any funds used for new in-state renewable electricity
generation facilities pursuant to this section shall be expended in
accordance with the report, subject to all of the following
requirements:
(1) In order to cover the above-market costs of eligible renewable
energy resources as approved by the Public Utilities Commission and
selected by retail sellers to fulfill their obligations under Article
16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of
Division 1 of the Public Utilities Code, the commission shall award
funds in the form of supplemental energy payments, subject to the
following criteria:
(A) The commission may establish caps on supplemental energy
payments. The caps shall be designed to provide for a viable energy
market capable of achieving the goals of Article 16 (commencing with
Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code. The commission may waive application of the caps to
accommodate a facility if it is demonstrated to the satisfaction of
the commission that operation of the facility would provide
substantial economic and environmental benefits to end-use customers
subject to the renewable energy public goods charge.
(B) Supplemental energy payments shall be awarded only to
facilities that are eligible for funding under this section.
(C) Supplemental energy payments awarded to facilities selected by
a retail seller or procurement entity pursuant to Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division
1 of the Public Utilities Code shall be paid for no longer than 10
years, but shall, subject to the payment caps in subparagraph (A), be
equal to the cumulative above-market costs relative to the
applicable market price referent at the time of initial contracting,
over the duration of the contract with the retail seller or
procurement entity.
(D) The commission shall reduce or terminate supplemental energy
payments for projects that fail either to commence and maintain
operations consistent with the contractual obligations to an
electrical corporation, or that fail to meet eligibility
requirements.
(E) Funds shall be managed in an equitable manner in order for
retail sellers to meet their obligation under Article 16 (commencing
with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the
Public Utilities Code.
(F) A project selected by an electrical corporation may receive
supplemental energy payments only if it results from a competitive
solicitation that is found by the Public Utilities Commission to
comply with the California Renewables Portfolio Standard Program
under Article 16 (commencing with Section 399.11) of Chapter 2.3 of
Part 1 of Division 1 of the Public Utilities Code, and the project
has entered into an electricity purchase agreement resulting from
that solicitation, that is approved by the Public Utilities
Commission. A project selected for an electricity purchase agreement
by another retail seller or procurement entity may receive
supplemental energy payments only if the Public Utilities Commission
determines that the selection of the project is consistent with the
results of a least-cost and best-fit process, and the supplemental
energy payments are reasonable in comparison to those paid under
similar contracts with other retail sellers. The commission may not
award supplemental energy payments to service load that is not
subject to the renewable energy public goods charge.
(G) (i) Supplemental energy payments shall not be awarded for any
purchases of renewable energy credits.
(ii) Supplemental energy payments shall not be awarded for
electricity purchase agreements that have a duration of less than 10
years. The ineligibility of agreements of less than 10 years'
duration for supplemental energy payments does not constitute an
insufficiency in supplemental energy payments pursuant to paragraph
(4) or (5) of subdivision (b) of Section 399.15.
(2) (A) A facility that is located outside of California shall not
be eligible for funding under this section unless it satisfies the
requirements of this subdivision and the criteria of subparagraph (B)
of paragraph (2) of subdivision (b) of Section 25741.
(B) No more than 10 percent of the funds available under this
section shall be awarded to facilities located outside of California.
(3) Facilities that are eligible to receive funding pursuant to
this section shall be registered in accordance with criteria
developed by the commission and those facilities may not receive
payments for any electricity produced that has any of the following
characteristics:
(A) Is sold under an existing long-term contract with an existing
in-state electrical corporation if the contract includes fixed energy
or capacity payments, except for that electricity that satisfies
subparagraph (C) of paragraph (1) of subdivision (c) of Section 399.6
of the Public Utilities Code.
(B) Is used onsite or is sold to customers in a manner that
excludes competition transition charge payments, or is otherwise
excluded from competition transition charge payments.
(C) Is a hydroelectric generation project that will require a new
or increased appropriation of water under Part 2 (commencing with
Section 1200) of Division 2 of the Water Code, or any other provision
authorizing an appropriation of water.
(D) Is a solid waste conversion facility, unless the facility
meets the criteria established in paragraph (3) of subdivision (b) of
Section 25741 and the facility certifies that any local agency
sending solid waste to the facility is in compliance with Division 30
(commencing with Section 40000), has reduced, recycled, or composted
solid waste to the maximum extent feasible, and shall have been
found by the California Integrated Waste Management Board to have
diverted at least 30 percent of all solid waste through source
reduction, recycling, and composting.
(4) Eligibility to compete for funds or to receive funds shall be
contingent upon having to sell the electricity generated by the
renewable electricity generation facility to customers subject to the
renewable energy public goods charge.
(5) The commission may require applicants competing for funding to
post a forfeitable bid bond or other financial guaranty as an
assurance of the applicant's intent to move forward expeditiously
with the project proposed. The amount of any bid bond or financial
guaranty may not exceed 10 percent of the total amount of the funding
requested by the applicant.
(6) In awarding funding, the commission may provide preference to
projects that provide tangible demonstrable benefits to communities
with a plurality of minority or low-income populations.
(c) Repowered existing facilities shall be eligible for funding
under this subdivision if the capital investment to repower the
existing facility equals at least 80 percent of the value of the
repowered facility.
(d) Facilities engaging in the direct combustion of municipal
solid waste or tires are not eligible for funding under this
subdivision.
(e) Production incentives awarded under this subdivision prior to
January 1, 2002, shall commence on the date that a project begins
electricity production, provided that the project was operational
prior to January 1, 2002, unless the commission finds that the
project will not be operational prior to January 1, 2002, due to
circumstances beyond the control of the developer. Upon making a
finding that the project will not be operational due to circumstances
beyond the control of the developer, the commission shall pay
production incentives over a five-year period, commencing on the date
of operation, provided that the date that a project begins
electricity production may not extend beyond January 1, 2007.
(f) Facilities generating electricity from biomass energy shall be
considered an in-state renewable electricity generation facility to
the extent that they report to the commission the types and
quantities of biomass fuels used and certify to the satisfaction of
the commission that fuel utilization is limited to the following:
(1) Agricultural crops and agricultural wastes and residues.
(2) Solid waste materials such as waste pallets, crates, dunnage,
manufacturing, and construction wood wastes, landscape or
right-of-way tree trimmings, mill residues that are directly the
result of the milling of lumber, and rangeland maintenance residues.
(3) Wood and wood wastes that meet all of the following
requirements:
(A) Have been harvested pursuant to an approved timber harvest
plan prepared in accordance with the Z'berg-Nejedly Forest Practice
Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of
Division 4).
(B) Have been harvested for the purpose of forest fire fuel
reduction or forest stand improvement.
(C) Do not transport or cause the transportation of species known
to harbor insect or disease nests outside zones of infestation or
current quarantine zones, as identified by the Department of Food and
Agriculture or the Department of Forestry and Fire Protection,
unless approved by the Department of Food and Agriculture and the
Department of Forestry and Fire Protection.
SEC. 213. Section 29735 of the Public Resources Code is amended to
read:
29735. There is hereby created the Delta Protection Commission
consisting of 23 members as follows:
(a) One member of the board of supervisors of each of the five
counties within the delta whose supervisorial district is within the
primary zone shall be appointed by the board of supervisors of the
county.
(b) Three elected city council members shall be selected and
appointed by city selection committees, from regional and area
councils of government, one in each of the following areas:
(1) One from the north delta, consisting of the Counties of Yolo
and Sacramento.
(2) One from the south delta, consisting of the County of San
Joaquin.
(3) One from the west delta, consisting of the Counties of Contra
Costa and Solano.
(c) (1) One member each from the board of directors of five
different reclamation districts that are located within the primary
zone who are residents of the delta, and who are elected by the
trustees of reclamations districts within the following areas:
(A) Two members from the area of the North Delta Water Agency as
described in Section 9.1 of the North Delta Water Agency Act (Chapter
283 of the Statutes of 1973), provided at least one member is also a
member of the Delta Citizens Municipal Advisory Council.
(B) One member from the west delta consisting of the area of
Contra Costa County within the delta.
(C) One member from the area of the Central Delta Water Agency as
described in Section 9.1 of the Central Delta Water Agency Act
(Chapter 1133 of the Statutes of 1973).
(D) One member from the area of the South Delta Water Agency as
described in Section 9.1 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973).
(2) Each reclamation district may nominate one director to be a
member. The member from an area shall be selected from among the
nominees by a majority vote of the reclamation districts in that
area. For purposes of this section, each reclamation district shall
have one vote. The north delta area shall conduct separate votes to
select each of its two members.
(d) The Director of Parks and Recreation, or the director's sole
designee.
(e) The Director of Fish and Game, or the director's sole
designee.
(f) The Secretary of Food and Agriculture, or the secretary's sole
designee.
(g) The executive officer of the State Lands Commission, or the
executive officer's sole designee.
(h) The Director of Boating and Waterways, or the director's sole
designee.
(i) The Director of Water
Resources, or the director's sole designee.
(j) The public member of the California Bay-Delta Authority who
represents the delta region.
(k) The Governor shall appoint three members from the general
public who are delta residents or delta landowners, as follows:
(1) One member shall represent the interests of production
agriculture with a background in promoting the agricultural viability
of delta farming.
(2) One member shall represent the interests of conservation of
wildlife and habitat resources of the delta region and ecosystem.
(3) One member shall represent the interests of outdoor
recreational opportunities, including, but not limited to, hunting
and fishing.
SEC. 214. Section 30340.5 of the Public Resources Code is amended
to read:
30340.5. (a) It is the policy of the state that no less than 50
percent of funds received by the state from the federal government
pursuant to the Federal Coastal Zone Management Act of 1972 (16
U.S.C. Sec. 1451 et seq.) shall be used for the preparation, review,
approval, certification, and implementation of local coastal
programs.
(b) A local government subject to this division may claim
reimbursement of costs incurred as a direct result of the operation
of or any requirement promulgated pursuant to this division.
Notwithstanding any other provision of law, a claim for reimbursement
of mandated costs directly attributable to the operation of this
division shall only be submitted, reviewed, and approved in the
manner set forth in this section.
(c) A claim pursuant to this section shall be submitted to the
executive director of the commission no later than September 30. The
executive director shall review the claim in accordance with this
section and shall submit the claim to the Controller within 60 days
after receipt of a claim but in no event later than November 30.
(d) A claim submitted pursuant to this section shall be filed on
forms approved and prepared by the commission in consultation with
the Controller. The forms shall specify the information needed to
enable the executive director of the commission and the Controller to
make the determinations required by subdivision (e). The forms shall
clearly set forth information requirements for the evaluation of the
following categories of costs:
(1) Costs for work relating to the preparation, review, and
approval of a local coastal program or a portion of a program.
(2) Costs for work that is not covered by paragraph (1).
The claim forms required by this section shall provide for claims
of actual costs incurred during the fiscal year preceding submittal
and for the costs the claimant local government estimates will be
incurred during the then-current fiscal year.
(e) The executive director shall review and evaluate each claim
submitted pursuant to this section and shall determine whether:
(1) The costs claimed are not paid for or reimbursed from any
other source of state or federal funding.
(2) The costs are for work that is the direct result of and is
mandated by the operation of this division or by the commission or
whether the work is optional.
(3) With respect to costs specified in paragraph (1) of
subdivision (d), the work done or to be done is reasonable and
necessary for the preparation and approval of a local coastal program
pursuant to a local coastal program work program approved by the
commission, or for work that is not part of an approved work program
if the work can be shown to be necessary for the completion of a
certifiable local coastal program or if new information or other
circumstances cause the commission to require that the work be
carried out.
(f) The executive director of the commission shall submit to the
Controller, on behalf of each claimant local government, all claims
submitted pursuant to this section together with his or her
recommendation whether the Controller should allow or deny, in whole
or in part, the claim. The executive director's recommendation shall
be based on his or her determinations made pursuant to subdivision
(e). If the executive director fails to make a recommendation by the
time a claim is required to be submitted to the Controller as
provided in subdivision (c), the executive director is deemed to have
recommended approval of the claim.
(g) Section 17561 of the Government Code shall apply to a claim
filed pursuant to this section. However, where a conflict between
Section 17561 of the Government Code and this section occurs, the
conflict shall be resolved in a manner that best carries out the
purposes of this section. The Controller shall apply the criteria of
subdivision (e) in determining whether to allow or deny, in whole or
in part, a claim and shall consider the recommendations of the
executive director of the commission.
SEC. 215. Section 42310.3 of the Public Resources Code is amended
to read:
42310.3. (a) Notwithstanding Section 42310, a manufacturer is in
compliance with this chapter if the manufacturer demonstrates through
its own actions, or the actions of another company under the same
corporate ownership, that one of the following actions were taken
during the same period for which the manufacturer is subject to this
chapter, with regard to a rigid plastic packaging container that
stores the manufacturer's product that is sold or intended for sale
in this state:
(1) The manufacturer, or another company under the same corporate
ownership, consumed postconsumer material generated in the state in
the manufacture of a rigid plastic packaging container subject to
Section 42310, or a rigid plastic packaging container or other
plastic products or plastic packaging not subject to that section,
and that is equivalent to, or exceeds the postconsumer material that
the rigid plastic packaging container is otherwise required to
contain, as specified in subdivision (a) of Section 42310.
(2) The manufacturer, or any company under the same corporate
ownership, arranged by contractual agreement for the purchase and
consumption of postconsumer material generated in the state and
exported to another state for the manufacture of a rigid plastic
packaging container subject to Section 42310, or a rigid plastic
packaging container or other plastic products or plastic packaging
not subject to that section that is equivalent to, or exceeds the
postconsumer material that the rigid plastic packaging container is
otherwise required to contain, as specified in subdivision (a) of
Section 42310.
(b) The board shall determine the manner of demonstrating
compliance with this section.
SEC. 216. Section 48023 of the Public Resources Code is amended to
read:
48023. (a) If the board expends any funds pursuant to this
article, the board shall, to the extent feasible, seek repayment from
responsible parties in an amount equal to the amount expended, a
reasonable amount for the board's cost of contract administration,
and an amount equal to the interest that would have been earned on
the expended funds.
(b) In implementing this article, the board is vested, in addition
to its other powers, with all the powers of an enforcement agency
under this division.
(c) The amount of any cost incurred by the board pursuant to this
article shall be recoverable from responsible parties in a civil
action brought by the board or, upon the request of the board, by the
Attorney General pursuant to Section 40432.
SEC. 217. Section 303 of the Public Utilities Code is amended to
read:
303. (a) A public utilities commissioner may not hold an official
relation to, nor have a financial interest in, a person or
corporation subject to regulation by the commission. If any
commissioner acquires a financial interest in a corporation or person
subject to regulation by the commission other than voluntarily, his
or her office shall become vacant unless within a reasonable time he
or she divests himself or herself of the interest.
(b) The commission shall adopt an updated Conflict of Interest
Code and Statement of Incompatible Activities, by February 28, 1998,
in a manner consistent with applicable law.
SEC. 218. Section 399.12 of the Public Utilities Code is amended
to read:
399.12. For purposes of this article, the following terms have
the following meanings:
(a) "Delivered" and "delivery" have the same meaning as provided
in subdivision (a) of Section 25741 of the Public Resources Code.
(b) "Eligible renewable energy resource" means an electric
generating facility that meets the definition of "in-state renewable
electricity generation facility" in Section 25741 of the Public
Resources Code, subject to the following limitations:
(1) (A) An existing small hydroelectric generation facility of 30
megawatts or less shall be eligible only if a retail seller owned or
procured the electricity from the facility as of December 31, 2005. A
new hydroelectric facility is not an eligible renewable energy
resource if it will require a new or increased appropriation or
diversion of water from a watercourse.
(B) Notwithstanding subparagraph (A), an existing conduit
hydroelectric facility, as defined by Section 823a of Title 16 of the
United States Code, of 30 megawatts or less, shall be an eligible
renewable energy resource. A new conduit hydroelectric facility, as
defined by Section 823a of Title 16 of the United States Code, of 30
megawatts or less, shall be an eligible renewable energy resource so
long as it does not require a new or increased appropriation or
diversion of water from a watercourse.
(2) A facility engaged in the combustion of municipal solid waste
shall not be considered an eligible renewable resource unless it is
located in Stanislaus County and was operational prior to September
26, 1996.
(c) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(d) "Local publicly owned electric utility" has the same meaning
as provided in subdivision (d) of Section 9604.
(e) "Procure" means that a retail seller receives delivered
electricity generated by an eligible renewable energy resource that
it owns or for which it has entered into an electricity purchase
agreement. Nothing in this article is intended to imply that the
purchase of electricity from third parties in a wholesale transaction
is the preferred method of fulfilling a retail seller's obligation
to comply with this article.
(f) "Renewables portfolio standard" means the specified percentage
of electricity generated by eligible renewable energy resources that
a retail seller is required to procure pursuant to this article.
(g) (1) "Renewable energy credit" means a certificate of proof,
issued through the accounting system established by the Energy
Commission pursuant to Section 399.13, that one unit of electricity
was generated and delivered by an eligible renewable energy resource.
(2) "Renewable energy credit" includes all renewable and
environmental attributes associated with the production of
electricity from the eligible renewable energy resource, except for
an emissions reduction credit issued pursuant to Section 40709 of the
Health and Safety Code and any credits or payments associated with
the reduction of solid waste and treatment benefits created by the
utilization of biomass or biogas fuels.
(3) No electricity generated by an eligible renewable energy
resource attributable to the use of nonrenewable fuels, beyond a de
minimis quantity, as determined by the Energy Commission, shall
result in the creation of a renewable energy credit.
(h) "Retail seller" means an entity engaged in the retail sale of
electricity to end-use customers located within the state, including
any of the following:
(1) An electrical corporation, as defined in Section 218.
(2) A community choice aggregator. The commission shall institute
a rulemaking to determine the manner in which a community choice
aggregator will participate in the renewables portfolio standard
program subject to the same terms and conditions applicable to an
electrical corporation.
(3) An electric service provider, as defined in Section 218.3, for
all sales of electricity to customers beginning January 1, 2006. The
commission shall institute a rulemaking to determine the manner in
which electric service providers will participate in the renewables
portfolio standard program. The electric service provider shall be
subject to the same terms and conditions applicable to an electrical
corporation pursuant to this article. Nothing in this paragraph shall
impair a contract entered into between an electric service provider
and a retail customer prior to the suspension of direct access by the
commission pursuant to Section 80110 of the Water Code.
(4) "Retail seller" does not include any of the following:
(A) A corporation or person employing cogeneration technology or
producing electricity consistent with subdivision (b) of Section 218.
(B) The Department of Water Resources acting in its capacity
pursuant to Division 27 (commencing with Section 80000) of the Water
Code.
(C) A local publicly owned electric utility.
SEC. 219. Section 399.20 of the Public Utilities Code is amended
to read:
399.20. (a) It is the policy of this state and the intent of the
Legislature to encourage energy production from renewable resources
at public water and wastewater facilities in an amount commensurate
with water-related electricity demand.
(b) As used in this section, "electric generation facility" means
an electric generation facility, owned and operated by a public water
or wastewater agency that is a retail customer of an electrical
corporation, and that meets all of the following criteria:
(1) Has an effective capacity of not more than one megawatt and is
located on or adjacent to a water or wastewater facility owned and
operated by the public water or wastewater agency.
(2) Is interconnected and operates in parallel with the electric
transmission and distribution grid.
(3) Is sized to offset part or all of the electricity demand of
the public water or wastewater agency.
(4) Is strategically located and interconnected to the electric
transmission system in a manner that optimizes the deliverability of
electricity generated at the facility to load centers.
(5) Is an eligible renewable energy resource, as defined in
Section 399.12.
(c) Every electrical corporation shall file with the commission a
standard tariff for renewable energy output produced at an electric
generation facility.
(d) The tariff shall provide for payment for every kilowatthour of
renewable energy output produced at an electric generation facility
at the market price as determined by the commission pursuant to
Section 399.15 for a period of 10, 15, or 20 years, as authorized by
the commission.
(e) Every electrical corporation shall make this tariff available
to public water or wastewater agencies that own and operate an
electric generation facility within the service territory of the
electrical corporation, upon request, on a first-come, first-served
basis, until the combined statewide cumulative rated generating
capacity of those electric generation facilities equals 250
megawatts. An electrical corporation may make the terms of the tariff
available to public water or wastewater agencies in the form of a
standard contract subject to commission approval. Each electrical
corporation shall only be required to offer service or contracts
under this section until that electrical corporation meets its
proportionate share of the 250 megawatts based on the ratio of its
peak demand to the total statewide peak demand of all electrical
corporations.
(f) Every kilowatthour of renewable energy output produced by the
electric generation facility shall count toward the electrical
corporation's renewable portfolio standard annual procurement targets
for purposes of paragraph (1) of subdivision (b) of Section 399.15.
(g) The physical generating capacity of an electric generation
facility shall count toward the electrical corporation's resource
adequacy requirement for purposes of Section 380.
(h) Upon approval by the commission, any tariff or contract
authorized by this section may be made available to an electric
generation facility that has an effective capacity of not more than
1.5 megawatts if that electrical generation facility otherwise
complies with this section.
SEC. 219.3. Section 421 of the Public Utilities Code is amended to
read:
421. (a) The commission shall annually determine a fee to be paid
by every passenger stage corporation, charter-party carrier of
passengers, pipeline corporation, for-hire vessel operator, common
carrier vessel operator, railroad corporation, and commercial air
operator, and every other common carrier and related business subject
to the jurisdiction of the commission, except as otherwise provided
in Article 3 (commencing with Section 431) of this chapter and
Chapter 6 (commencing with Section 5001) of Division 2.
(b) The annual fee shall be established to produce a total amount
equal to the amount established in the authorized commission budget
for the same year, including adjustments appropriated by the
Legislature and an appropriate reserve, to regulate common carriers
and related businesses, less the amount to be paid from special
accounts or funds pursuant to Section 403, reimbursements, federal
funds, other revenues, and unencumbered funds from the preceding
year.
(c) Notwithstanding any other provision of law, the fees paid by
railroad corporations shall be used for state-funded railroad
investigation and enforcement activities of the commission, other
than the rail safety activities funded by the Transportation Planning
and Development Account pursuant to Section 99315. The railroad fees
shall be set annually at a level which generates not less than the
amount sufficient to fund activities pursuant to Sections 765.5,
7711, and 7712.
(d) On January 1, 1992, the commission shall submit to the
Legislature a detailed budget implementing this section for the
1992-93 fiscal year. The commission shall also submit to the
Legislature by January 1, 1993, and on each January 1 thereafter, a
detailed budget for expenditure of railroad corporation fees for the
ensuing budget year. The budget for expenditure of railroad
corporation fees, for each of the 1996-97 and 1997-98 fiscal years,
shall not exceed the amount of three million dollars ($3,000,000).
Expenditures of this budget shall be limited to the following items:
(1) Expenditures for employees occupying, and actually performing
service in, railroad-safety personnel positions that are directly
involved in inspecting railroads and enforcing rail safety
regulations. The commission shall expend the funds budgeted pursuant
to this subdivision for the salaries, per diem, and travel expenses
of employees specified in this paragraph, unless, by statute, the
commission is specifically prohibited from expending all or part of
those funds.
(2) Expenditures for employees occupying, and actually performing
service in, clerical and support staff positions that are directly
associated with railroad-safety inspections.
(3) Expenditures for legal personnel who actually pursue
violations of rail safety regulations beyond the informal complaint
level.
(4) Expenditures for an audit by the Bureau of State Audits
pursuant to subdivision (f), not to exceed seventy-five thousand
dollars ($75,000).
(5) Expenditures for the pro rata share of the commission's
overhead costs while state personnel are actually occupying the
positions, and are performing the duties specified in paragraphs (1)
to (4), inclusive.
(e) The Department of Finance shall notify the Joint Legislative
Budget Committee, pursuant to Section 28.00 of the annual Budget Act,
prior to authorizing any change in the Budget Act appropriation for
railroad corporation fees that is larger than one hundred thousand
dollars ($100,000), or 10 percent of the amount budgeted, whichever
is less.
(f) Except as otherwise provided in this subdivision, commencing
with the 1993-94 fiscal year, and in each subsequent fiscal year
until the 1999-2000 fiscal year, the commission shall conduct an
audit of the expenditure of the funds received pursuant to this
section, except that for the 1996-97 fiscal year and fiscal years
thereafter the audit shall be conducted by the Bureau of State
Audits. The results of this audit shall be reported, in writing,
commencing on or before February 15, 1995, with respect to the audit
for the 1993-94 fiscal year, and on or before January 15 of each year
thereafter, with respect to the audit for the fiscal year ending on
the previous June 30, to the appropriate policy and budget committees
of the respective houses of the Legislature. The commission shall
reimburse the Bureau of State Audits for the costs of the audits
beginning with the 1996-97 fiscal year.
(g) On or before January 1, 1994, the commission shall hire a
minimum of four additional operating practices inspectors, exclusive
of supervisory personnel, who are, or shall become by July 1, 1994,
federally certified, for the purpose of enforcing compliance by
railroads operating in this state with state and federal safety
regulations.
(h) The commission, in performing its duties, shall limit the
expenditure of funds for rail safety division purposes to those
railroad corporation fees collected pursuant to subdivision (d). In
no event, shall the commission fund railroad safety activities
utilizing funds from other commission accounts unrelated to railroad
safety.
SEC. 219.5. Section 455.1 of the Public Utilities Code is amended
to read:
455.1. Whenever a water corporation files with the commission,
pursuant to an advice letter submitted in accordance with commission
procedures for this means of submission, a schedule stating rates,
classifications, contracts, practices, or rules for the service of
recycled water, the policies and standards for which are provided for
in Article 7 (commencing with Section 13550) of Chapter 7 of
Division 7 of the Water Code, the commission shall observe the
following procedures:
(a) Unless the commission determines, pursuant to subdivision (b),
that the schedule filed by a water corporation for the service of
recycled water is not justified or, pursuant to subdivision (d), any
other party protests in writing the filing of the schedule, the
schedule shall become effective upon the expiration of 40 days from
the time of filing thereof.
(b) Notwithstanding the filing of notice of changes or amendments
as provided in subdivision (c) or a protest as provided in
subdivision (d), the schedule as filed shall become effective on an
interim basis upon the expiration of 30 days from the time of filing
thereof, subject to refund of any amount of the rate subsequently
found by the commission to be in excess of a just and reasonable
rate.
(c) If, upon its own initiative, the commission, acting through
the staff organization with responsibility for reviewing advice
letter filings, determines that the schedule filed by a water
corporation for the service of recycled water is not justified, it
shall notify the water corporation of the determination in writing
within 40 days from the time of filing of the schedule and shall
state in the notice all changes or amendments to the schedule that
are required to make it just and reasonable. Upon the refiling by the
water corporation within 10 days of the receipt of the notice of a
revised schedule incorporating all changes and amendments specified
by the commission, the revised schedule shall become effective on an
interim basis subject to refund upon the expiration of five days from
the time of the refiling thereof, and shall become final upon formal
commission action approving the schedule, as revised.
(d) If any other party, including the commission organization or
division created pursuant to Section 309.5, protests in writing the
schedule filed by a water corporation for the service of recycled
water, the commission shall set the matter for a hearing on the
protest to be held within a reasonable time from the time that the
party files its written protest with the commission.
(e) Subdivision (d) of Section 311 shall govern the timing of
actions by the commission after the close of the record in any
proceeding pursuant to subdivision (d) of this section.
SEC. 220. Section 7662 of the Public Utilities Code is amended to
read:
7662. (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.
(2) Whistle post signs shall be deemed to satisfy this
requirement.
(b) (1) Whenever a railroad issues written or verbal instructions
to employees that may restrict or stop train movements because of
track conditions, structures, persons, or equipment working,
appropriate flags that are readily visible and easily recognizable to
the crews on both passenger and freight trains shall be displayed as
quickly as practicable. Yellow flags shall be used for temporary
speed restrictions, consistent with paragraphs (2) and (3).
Yellow-red flags shall be used, consistent with paragraphs (4) and
(5), when a train may be required to stop.
(2) Yellow flags shall be used to warn trains to restrict movement
because of track conditions or structures. Except as provided in
paragraph (3), a yellow flag shall be displayed two miles before the
restricted area in order to ensure that train movement is restricted
at the proper location.
(3) When the restricted area is close to a terminal, junction, or
another area, the yellow flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(4) Yellow-red flags shall be used to warn trains to be prepared
to stop because of persons or equipment working. A yellow-red flag
shall be displayed two miles before the restricted area in order to
ensure that the train is prepared to stop at the proper location.
(5) When the restricted area is close to a terminal, junction, or
other area, the yellow-red flag may be displayed less than two miles
before the restricted area. This information shall be included in the
written instructions to employees issued pursuant to paragraph (1).
(6) Flags shall be displayed only on the track affected and shall
be displayed to the right side of the track as viewed from the
approaching train. The flags shall be displayed to protect all
possible access to the restricted area.
(c) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive
engineer within the locomotive cab, and shall be kept in good repair
and replaced when necessary.
(d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" or "W" or other identifiable mark or symbol
on a square plate mounted on a post, shall be readily visible to a
locomotive engineer within the locomotive cab, shall be kept in good
repair, and shall be replaced when necessary.
(e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
(f) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state, on or
after January 1, 2007.
(g) A railroad corporation shall provide immediate notification to
the Office of Emergency Services of accidents, incidents, and other
events, concurrent with those provided to the Federal Railroad
Administration's National Response Center, as required by Part 225.9
of Title 49 of the Code of Federal Regulations.
SEC. 221. Section 7665.2 of the Public Utilities Code is amended
to read:
7665.2. By July 1, 2007, every operator of rail facilities shall
provide a risk assessment to the commission, the Director of Homeland
Security, and the Office of Emergency Services for each rail
facility in the state that is under its ownership, operation, or
control. The risk assessment shall, for each rail facility, describe
all of the following:
(a) The location and functions of the rail facility.
(b) All types of cargo that are moved through, or stored at, the
rail facility.
(c) Any hazardous cargo that is moved through, or stored at, the
rail facility.
(d) The frequency that any hazardous cargo is moved through, or
stored at, the rail facility.
(e) A description of the practices of the rail operator to prevent
acts of sabotage, terrorism, or other crimes on the rail facility.
(f) All training programs that the rail operator requires for its
employees at the rail facility.
(g) The emergency response procedures of the rail operator to deal
with acts of sabotage, terrorism, or other crimes at the rail
facility.
(h) The procedures of the rail operator to communicate with local
and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders, in the event of
acts of sabotage, terrorism, or other crimes at the rail facility.
SEC. 222. Section 8340 of the Public Utilities Code is amended to
read:
8340. For purposes of this chapter, the following terms have the
following meanings:
(a) "Baseload generation" means electricity generation from a
powerplant that is designed and intended to provide electricity at an
annualized plant capacity factor of at least 60 percent.
(b) "Combined-cycle natural gas" with respect to a powerplant
means the powerplant employs a combination of one or more gas
turbines and steam turbines in which electricity is produced in the
steam turbine from otherwise lost waste heat exiting from one or more
of the gas turbines.
(c) "Community choice aggregator" means a "community choice
aggregator" as defined in Section 331.1.
(d) "Electrical corporation" means an "electrical corporation" as
defined in Section 218.
(e) "Electric service provider" means an "electric service
provider" as defined in Section 218.3, but does not include
corporations or persons employing cogeneration technology or
producing electricity from other than a conventional power source
consistent with subdivision (b) of Section 218.
(f) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(g) "Greenhouse gases" means those gases listed in subdivision (h)
of Section 42801.1 of the Health and Safety Code.
(h) "Load-serving entity" means every electrical corporation,
electric service provider, or community choice aggregator serving
end-use customers in the state.
(i) "Local publicly owned electric utility" means a "local
publicly owned electric utility" as defined in Section 9604.
(j) "Long-term financial commitment" means either a new ownership
investment in baseload generation or a new or renewed contract with a
term of five or more years, which includes procurement of baseload
generation.
(k) "Output-based methodology" means a greenhouse gases emission
performance standard that is expressed in pounds of greenhouse gases
emitted per megawatthour and factoring in the useful thermal energy
employed for purposes other than the generation of electricity.
() "Plant capacity factor" means the ratio of the electricity
produced during a given time period, measured in kilowatthours, to
the electricity the unit could have produced if it had been operated
at its rated capacity during that period, expressed in kilowatthours.
(m) "Powerplant" means a facility for the generation of
electricity, and includes one or more generating units at the same
location.
(n) "Zero- or low-carbon generating resource" means an electrical
generating resource that will generate electricity while producing
emissions of greenhouse gases at a rate substantially below the
greenhouse gases emission performance standard, as determined by the
commission.
SEC. 223. Section 8341 of the Public Utilities Code is amended to
read:
8341. (a) No load-serving entity or local publicly owned electric
utility may enter into a long-term financial commitment unless any
baseload generation supplied under the long-term financial commitment
complies with the greenhouse gases emission performance standard
established by the commission, pursuant to subdivision (d), for a
load-serving entity, or by the Energy Commission, pursuant to
subdivision (e), for a local publicly owned electric utility.
(b) (1) The commission shall not approve a long-term financial
commitment by an electrical corporation unless any baseload
generation supplied under the long-term financial commitment complies
with the greenhouse gases emission performance standard established
by the commission pursuant to subdivision (d).
(2) The commission may, in order to enforce this section, review
any long-term financial commitment proposed to be entered into by an
electric service provider or a community choice aggregator.
(3) The commission shall adopt rules to enforce the requirements
of this section, for load-serving entities. The commission shall
adopt procedures, for all load-serving entities, to verify the
emissions of greenhouse gases from any baseload generation supplied
under a contract subject to the greenhouse gases emission performance
standard to ensure compliance with the standard.
(4) In determining whether a long-term financial commitment is for
baseload generation, the commission shall consider the design of the
powerplant and the intended use of the powerplant, as determined by
the commission based upon the electricity purchase contract, any
certification received from the Energy Commission, any other permit
or certificate necessary for the operation of the powerplant,
including a certificate of public convenience and necessity, any
procurement approval decision for the load-serving entity, and any
other matter the commission determines is relevant under the
circumstances.
(5) Costs incurred by an electrical corporation to comply with
this section, including those costs incurred for electricity purchase
agreements that are approved by the commission that comply with the
greenhouse gases emission performance standard, are to be treated as
procurement costs incurred pursuant to an approved procurement plan
and the commission shall ensure timely cost recovery of those costs
pursuant to paragraph (3) of subdivision (d) of Section 454.5.
(6) A long-term financial commitment entered into through a
contract approved by the commission, for electricity generated by a
zero- or low-carbon generating resource that is contracted for, on
behalf of consumers of this state on a cost-of-service basis, shall
be recoverable in rates, in a manner determined by the commission
consistent with Section 380. The commission may, after a hearing,
approve an increase from one-half to 1 percent in the return on
investment by the third party entering into the contract with an
electrical corporation with respect to investment in zero- or
low-carbon generation resources authorized pursuant to this
subdivision.
(c) (1) The Energy Commission shall adopt regulations for the
enforcement of this chapter with respect to a local publicly owned
electric utility.
(2) The Energy Commission may, in order to ensure compliance with
the greenhouse gases emission performance standard by local publicly
owned electric utilities, apply the procedures adopted by the
commission to verify the emissions of greenhouse gases from baseload
generation pursuant to subdivision (b).
(3) In determining whether a long-term financial commitment is for
baseload generation, the Energy Commission shall consider the design
of the powerplant and the intended use of the powerplant, as
determined by the Energy Commission based upon the electricity
purchase contract, any certification received from the Energy
Commission, any other permit for the operation of the powerplant, any
procurement approval decision for the load-serving entity, and any
other matter the Energy Commission determines is relevant under the
circumstances.
(d) (1) On or before February 1, 2007, the commission, through a
rulemaking proceeding, and in consultation with the Energy Commission
and the State Air Resources Board, shall establish a greenhouse
gases emission performance standard for all baseload generation of
load-serving entities, at a rate of emissions of greenhouse gases
that is no higher than the rate of emissions of greenhouse gases for
combined-cycle natural gas baseload generation. Enforcement of the
greenhouse gases emission performance standard shall begin
immediately upon the establishment of the standard. All
combined-cycle natural gas powerplants that are in operation, or that
have an Energy Commission final permit decision to operate as of
June 30, 2007, shall be deemed to be in compliance with the
greenhouse gases emission performance standard.
(2) In determining the rate of emissions of greenhouse gases for
baseload generation, the commission shall include the net emissions
resulting from the production of electricity by the baseload
generation.
(3) The commission shall establish an output-based methodology to
ensure that the calculation of emissions of greenhouse gases for
cogeneration recognizes the total usable energy output of the
process, and includes all greenhouse gases emitted by the facility in
the production of both electrical and thermal energy.
(4) In calculating the emissions of greenhouse gases by facilities
generating electricity from biomass, biogas, or landfill gas energy,
the commission shall consider net emissions from the process of
growing, processing, and generating the electricity from the fuel
source.
(5) Carbon dioxide that is injected in geological formations, so
as to prevent releases into the atmosphere, in compliance with
applicable laws and regulations shall not be counted as emissions of
the powerplant in determining compliance with the greenhouse gases
emissions performance standard.
(6) In adopting and implementing the greenhouse gases emission
performance standard, the commission, in consultation with the
Independent System Operator shall consider the effects of the
standard on system reliability and overall costs to electricity
customers.
(7) In developing and implementing the greenhouse gases emission
performance standard, the commission shall address long-term
purchases of electricity from unspecified sources in a manner
consistent with this chapter.
(8) In developing and implementing the greenhouse gases emission
performance standard, the commission shall consider and act in a
manner consistent with any rules adopted pursuant to Section 824a-3
of Title 16 of the United States Code.
(9) An electrical corporation that provides electric service to
75,000 or fewer retail end-use customers in California may file with
the commission a proposal for alternative compliance with this
section, which the commission may accept upon a showing by the
electrical corporation of both of the following:
(A) A majority of the electrical corporation's retail end-use
customers for electric service are located outside of California.
(B) The emissions of greenhouse gases to generate electricity for
the retail end-use customers of the electrical corporation are
subject to a review by the utility regulatory commission of at least
one other state in which the electrical corporation provides
regulated retail electric service.
(e) (1) On or before June 30, 2007, the Energy Commission, at a
duly noticed public hearing and in consultation with the commission
and the State Air Resources Board, shall establish a greenhouse gases
emission performance standard for all baseload generation of local
publicly owned electric utilities at a rate of emissions of
greenhouse gases that is no higher than the rate of emissions of
greenhouse gases for combined-cycle natural gas baseload generation.
The greenhouse gases emission performance standard established by the
Energy Commission for local publicly owned electric utilities shall
be consistent with the standard adopted by the commission for
load-serving entities. Enforcement of the greenhouse gases emission
performance standard shall begin immediately upon the establishment
of the standard. All combined-cycle natural gas powerplants that are
in operation, or that have an Energy Commission final permit decision
to operate as of June 30, 2007, shall be deemed to be in compliance
with the greenhouse gases emission performance standard.
(2) The greenhouse gases emission performance standard shall be
adopted by regulation pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code).
(3) In determining the rate of emissions of greenhouse gases for
baseload generation, the Energy Commission shall include the net
emissions resulting from the production of electricity by the
baseload generation.
(4) The Energy Commission shall establish an output-based
methodology to ensure that the calculation of emissions of greenhouse
gases for cogeneration recognizes the total usable energy output of
the process, and includes all greenhouse gases emitted by the
facility in the production of both electrical and thermal energy.
(5) In calculating the emissions of greenhouse gases by facilities
generating electricity from biomass, biogas, or landfill gas energy,
the Energy Commission shall consider net emissions from the process
of growing, processing, and generating the electricity from the fuel
source.
(6) Carbon dioxide that is captured from the emissions of a
powerplant and that is permanently disposed of in geological
formations in compliance with applicable laws and regulations, shall
not be counted as emissions from the powerplant.
(7) In adopting and implementing the greenhouse gases emission
performance standard, the Energy Commission, in consultation with the
Independent System Operator, shall consider the effects of the
standard on system reliability and overall costs to electricity
customers.
(8) In developing and implementing the greenhouse gases emission
performance standard, the Energy Commission shall address long-term
purchases of electricity from unspecified sources in a manner
consistent with this chapter.
(9) In developing and implementing the greenhouse gases emission
performance standard, the Energy Commission shall consider and act in
a manner consistent with any rules adopted pursuant to Section
824a-3 of Title 16 of the United States Code.
(f) The Energy Commission, in a duly noticed public hearing and in
consultation with the commission and the State Air Resources Board,
shall reevaluate and continue, modify, or replace the greenhouse
gases emission performance standard when an enforceable greenhouse
gases emissions limit is established and in operation, that is
applicable to local publicly owned electric utilities.
(g) The commission, through a rulemaking proceeding and in
consultation with the Energy Commission and the State Air Resources
Board, shall reevaluate and continue, modify, or replace the
greenhouse gases emission performance standard when an enforceable
greenhouse gases emissions limit is established and in operation,
that is applicable to load-serving entities.
SEC. 224. Section 132610 of the Public Utilities Code is amended
to read:
132610. (a) The authority has all of the powers necessary for
planning, acquiring, leasing, developing, jointly developing, owning,
controlling, using, jointly using, disposing of, designing,
procuring, and building the project, including, but not limited to,
all of the following:
(1) Acceptance of grants, fees, allocations, and transfers of
funds from federal, state, and local agencies, and private entities.
(2) Acquiring, through purchase or through eminent domain
proceedings, any property necessary for, incidental to, or convenient
for, the exercise of the powers of the authority, provided the
authority shall use existing rights-of-way where feasible.
(3) Incurring indebtedness, secured by pledges of revenue
available for project completion.
(4) Contracting with public and private entities for the planning,
design, and construction of the project. These contracts may be
assigned separately or may be combined to include any or all tasks
necessary for completion of the project.
(5) Entering into cooperative or joint development agreements with
local governments or private entities. These agreements may be
entered into for the purpose of sharing costs, selling or leasing
land, air, or development rights, providing for the transferring of
passengers, making pooling arrangements, or for any other purpose
that is necessary for, incidental to, or convenient for the full
exercise of the powers granted to the authority. For purposes of this
paragraph, "joint development" includes, but is not limited to, an
agreement with any person, firm, corporation, association, or
organization for the operation of facilities or development of
projects adjacent to, or physically or functionally related to, the
project.
(6) Relocation of utilities, as necessary for completion of the
project.
(b) The duties of the authority include, but are not limited to,
all of the following:
(1) Conducting financial and environmental studies, planning, and
engineering necessary for completion of the project.
(2) (A) Adoption of an administrative code for administration of
the authority in accordance with any applicable laws, including, but
not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code), contracting and procurement laws, laws relating to contracting
goals for minority and women business participation, and the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
(B) (i) The administrative code adopted under subparagraph (A)
shall include a code of conduct for employees and board members that
is consistent with Sections 84308 and 87103 of the Government Code
and prohibits board members and staff from accepting gifts valued at
ten dollars ($10) or more from contractors, potential contractors, or
their subcontractors.
(ii) The code shall require the disclosure, on the record, of the
proceedings by the officer of the agency who receives a contribution
within the preceding 24 months in an amount of more than two hundred
fifty dollars ($250) from a party or participant to a proceeding, and
the disclosure by the party or participant.
(iii) The code shall provide that no officer of the agency shall
make, participate in making, or in any way attempt to use his or her
official position to influence the decision in a proceeding, as
described in Section 84308 of the Government Code, if the officer has
willfully or knowingly received a contribution in the amount of more
than two hundred fifty dollars ($250) within the preceding 24 months
from a party or his or her agent, or from any participant or his or
her agent, if the participant has a financial interest in the
decision.
(iv) Any officer deemed ineligible to participate in a proceeding
due to the provisions of this code of conduct may be replaced for the
purposes of that proceeding by an appointee chosen by the
appropriate appointing authority.
(v) Under the code of conduct, board members shall be deemed to
have a financial interest in a decision within the meaning of Section
87100 of the Government Code if the decision involves the donor of,
or intermediary or agent for a donor of, a gift or gifts aggregating
ten dollars ($10) or more in value within the 12 months prior to the
time the decision was made.
(vi) Board members, alternate members, officers, consultants, and
employees shall not be considered financially interested solely by
virtue of their holding office or being employed by the authority as
well as an appointing authority set forth in subdivision (a) of
Section 132615, and they may participate in decisions and agreements
regarding the authority and any of the appointing authorities set
forth in subdivision (a) of Section 132615. The participation
described in this clause shall not constitute a conflict of interest
under Section 1090 of the Government Code and shall not constitute an
incompatible activity under Section 1126 of the Government Code.
(3) As necessary for final design and construction, completion of
a detailed management, implementation, safety, and financial plan for
the project and submission of the plan to the Governor, the
Legislature, and the commission.
(c) The authority shall make reasonable progress, as determined by
the commission, in the final design and construction of the project.
(d) The duties and responsibilities imposed by this section shall
be contingent upon allocation of federal and local funds by the
LACMTA for these purposes.
SEC. 225. Section 18766 of the Revenue and Taxation Code is
amended to read:
18766. (a) This article shall remain in effect only until January
1, 2010, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2010, deletes that date.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Alzheimer's Disease and
Related Disorders Research Fund appears on a tax return, the
Franchise Tax Board shall do all of the following:
(A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
(B) Provide written notification to the Secretary of California
Health and Human Services of the amount determined in subparagraph
(A).
(C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contributions amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
(2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
(3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2000 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with calendar year 2001, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
(d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.
SEC. 226. Section 18847.3 of the Revenue and Taxation Code is
amended to read:
18847.3. (a) Except as otherwise provided in subdivision (b),
this article shall remain in effect only until January 1, 2011, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2011, deletes or extends that date.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Colorectal Cancer
Prevention Fund appears on a tax return, the Franchise Tax Board
shall do all of the following:
(A) Determine the minimum contributions amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
(B) Provide written notification to the State Department of Health
Services of the amount determined in subparagraph (A).
(C) Determine whether the amount
of contributions estimated to be received during the calendar year
will equal or exceed the minimum contribution amount determined by
the Franchise Tax Board for the calendar year pursuant to
subparagraph (A). The Franchise Tax Board shall estimate the amount
of contributions to be received by using the actual amounts received
and an estimate of the contributions that will be received by the end
of that calendar year.
(2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
(3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2007 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with the 2008 calendar year,
the Franchise Tax Board shall adjust, on or before September 1 of
that calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year, multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
(d) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.
SEC. 226.5. Section 19533 of the Revenue and Taxation Code is
amended to read:
19533. In the event the debtor has more than one debt being
collected by the Franchise Tax Board and the amount collected by the
Franchise Tax Board is insufficient to satisfy the total amount
owing, the amount collected shall be applied in the following
priority:
(a) Payment of any delinquencies transferred for collection under
Article 5 (commencing with Section 19270) of Chapter 5.
(b) Payment of any taxes, additions to tax, penalties, interest,
fees, or other amounts due and payable under Part 7.5 (commencing
with Section 13201), Part 10 (commencing with Section 17001), Part 11
(commencing with Section 23001), or this part.
(c) Payment of delinquent wages collected pursuant to the Labor
Code.
(d) Payment of delinquencies collected under Section 10878.
(e) Payment of any amounts due that are referred for collection
under Article 5.5 (commencing with Section 19280) of Chapter 5.
(f) Payment of any amounts that are referred for collection
pursuant to Section 62.9 of the Labor Code.
(g) Payment of delinquent penalties collected for the Department
of Industrial Relations pursuant to the Labor Code.
(h) Payment of delinquent fees collected for the Department of
Industrial Relations pursuant to the Labor Code.
(i) Payment of delinquencies referred by the Student Aid
Commission.
(j) Notwithstanding the payment priority established by this
section, voluntary payments made by a taxpayer designated by the
taxpayer as payment for a personal income tax liability, shall not be
applied pursuant to this priority, but shall instead be applied
solely to the personal income tax liability for which the voluntary
payment was made.
SEC. 227. Section 23704.4 of the Revenue and Taxation Code is
amended to read:
23704.4. Section 501(k) of the Internal Revenue Code, relating to
the treatment of certain organizations providing care of children,
shall apply, except as otherwise provided.
(a) The reference to Section 501(c)(3) of the Internal Revenue
Code, relating to charitable organizations, shall be modified to
refer to Section 23701d.
(b) The reference to Section 2522(a)(2) of the Internal Revenue
Code, relating to the computation of taxable gifts or Internal
Revenue Code Section 2055, relating to transfers for public,
charitable, and religious uses, shall not apply.
SEC. 228. Section 30182 of the Revenue and Taxation Code is
amended to read:
30182. (a) Except as provided in subdivision (b), every
distributor shall file, on or before the 25th day of each month, a
report in the form as prescribed by the board, that may include, but
not be limited to, electronic media, with respect to distributions of
cigarettes and purchases of stamps and meter register units during
the preceding month and any other information as the board may
require to carry out this part.
(b) Every distributor that elects, pursuant to Section 30168, to
make deferred payments on a twice-monthly basis shall file a report
in the form as prescribed by the board, that may include, but not be
limited to, electronic media, with respect to distributions of
cigarettes and purchases of stamps and meter register units during
the month following the month in which the distribution occurred and
the stamps and meter register settings were purchased, and any other
information as the board may require to carry out this part. The
monthly report shall be filed on or before the fifth day of the month
with respect to those distributions of cigarettes and purchases of
stamps and meter register settings that were made during the
preceding month.
(c) Reports shall be authenticated in a form, or pursuant to
methods, as may be prescribed by the board.
SEC. 229. Section 97 of the Streets and Highways Code is amended
to read:
97. (a) In order to be designated by statute as a Safety
Enhancement-Double Fine Zone, a highway or road segment shall have
experienced a significant number of traffic accidents, injuries, and
fatalities within the prior three-year period, and other traffic
safety measures that have been undertaken shall have not appreciably
reduced the level of those incidents.
(b) The concurrence in the designation of the Department of the
California Highway Patrol or local agency having traffic enforcement
jurisdiction, as the case may be, shall be required prior to
designation of the zone pursuant to statute, along with a resolution
supporting the designation from the city, or county with respect to
an unincorporated area, in which the segment is located.
(c) Each local governing body where a double fine zone is
designated by statute in its jurisdiction shall, prior to the
establishment of a double fine zone, do the following:
(1) Undertake a public awareness campaign to inform the public of
the double fine zone designation, where it is located, its purpose,
and its consequences.
(2) Where appropriate, increased traffic safety enhancements,
enforcement, and other roadway safety measures shall be implemented
in coordination with the establishment of the double fine zone.
(d) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
(e) The department or the local authority having jurisdiction over
these highway and road segments shall place and maintain the warning
signs identifying these segments by stating that a "Special Safety
Zone Region Begins Here" and a "Special Safety Zone Ends Here." The
department shall adopt rules and regulations for the administration
of a Safety Enhancement-Double Fine Zone under this section.
(f) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(g) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
(h) The term for a Safety Enhancement-Double Fine Zone shall be
limited to four years.
(i) The Department of Transportation shall conduct an evaluation
of the effectiveness of all double fine zones that will terminate the
same calendar year and submit its findings in one report to the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing one year prior to the termination of the
double fine zones. The report shall include a recommendation on
whether the zones should be reauthorized by the Legislature.
SEC. 230. Section 97.1 of the Streets and Highways Code is amended
to read:
97.1. (a) A highway segment shall be designated as a Safety
Awareness Zone if all of the following conditions have been met:
(1) The highway segment is eligible for designation under Section
97.01.
(2) Each local governing body or bodies, with jurisdiction over
the area or areas in which the eligible segment is located, has
adopted a resolution indicating its support for the designation as
well as a Safety Awareness Zone Plan addressing education,
enforcement, and engineering measures intended to support the
designation.
(3) If the highway segment is a state highway, the Safety
Awareness Zone Plan has been approved by the Director of
Transportation and the Commissioner of the Department of the
California Highway Patrol.
(b) A Safety Awareness Zone designation shall be deemed effective
immediately upon satisfaction of all requirements pursuant to
subdivision (a) and may remain in effect for a period not to exceed
three years from the effective date. The designation may be renewed
for a period not to exceed three years. Renewal of a designation for
a highway segment that is a state highway shall require the approval
by the Director of Transportation and the Commissioner of the
Department of the California Highway Patrol of an updated Safety
Awareness Zone Plan.
(c) The department shall develop a sign to notify motorists of the
presence of a Safety Awareness Zone, and shall place and maintain
the signs for as long as the designation is in effect pursuant to
this section.
(d) Presence of a Safety Awareness Zone does not increase the
civil liability of the state or local authority having jurisdiction
over the highway segment under Division 3.6 (commencing with Section
810) of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(e) Projects on a highway segment specified as a Safety Awareness
Zone shall not be elevated in priority for state funding purposes.
(f) For purposes of this section, "highway" has the meaning set
forth in Section 360 of the Vehicle Code.
SEC. 231. Section 143 of the Streets and Highways Code is amended
to read:
143. (a) (1) "Regional transportation agency" means any of the
following:
(A) A transportation planning agency as defined in Section 29532
or 29532.1 of the Government Code.
(B) A county transportation commission as defined in Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
(C) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
(D) A joint exercise of powers authority as defined in Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, with the consent of a transportation planning agency
or a county transportation commission for the jurisdiction in which
the transportation project will be developed.
(2) "Transportation project" means one or more of the following:
planning, design, development, finance, construction, reconstruction,
rehabilitation, improvement, acquisition, lease, operation, or
maintenance of highway, public street, rail, or related facilities
supplemental to existing facilities currently owned and operated by
the department or regional transportation agencies that is consistent
with the requirements of paragraph (2) of subdivision (b).
(b) (1) Notwithstanding any other provision of law, only the
department, in cooperation with regional transportation agencies, and
regional transportation agencies, may solicit proposals, accept
unsolicited proposals, negotiate, and enter into comprehensive
development lease agreements with public or private entities, or
consortia thereof, for transportation projects.
(2) The number of projects authorized pursuant to this section
shall be limited to two projects in northern California and two
projects in southern California. The California Transportation
Commission shall select the candidate projects from projects
nominated by the department or a regional transportation agency. No
fewer than two of the selected projects shall be nominated by a
regional transportation agency. The projects shall be primarily
designed to improve goods movement, including, but not limited to,
exclusive truck lanes and rail access and operational improvements.
The projects shall address a known forecast demand, as determined by
the department or regional transportation agency.
(3) All negotiated lease agreements shall be submitted to the
Legislature for approval or rejection. Prior to submitting a lease
agreement to the Legislature, the department or regional
transportation agency shall conduct at least one public hearing at a
location at or near the proposed facility for purposes of receiving
public comment on the lease agreement. Public comments made during
this hearing shall be submitted to the Legislature with the lease
agreement. Unless the Legislature passes a resolution, with both
houses concurring, rejecting a negotiated lease agreement within 60
legislative days of the agreement being submitted to it, the
agreement shall be deemed approved. A lease agreement may not be
amended by the Legislature.
(c) For the purpose of facilitating those projects, the agreements
between the parties may include provisions for the lease of
rights-of-way in, and airspace over or under, highways, public
streets, rail, or related facilities for the granting of necessary
easements, and for the issuance of permits or other authorizations to
enable the construction of transportation projects. Facilities
subject to an agreement under this section shall, at all times, be
owned by the department or the regional transportation agency, as
appropriate. For department projects, the commission shall certify
the department's determination of the useful life of the project in
establishing the lease agreement terms. In consideration therefor,
the agreement shall provide for complete reversion of the leased
facility, together with the right to collect tolls and user fees, to
the department or regional transportation agency, at the expiration
of the lease at no charge to the department or regional
transportation agency. At time of the reversion, the facility shall
be delivered to the department or regional transportation agency, as
applicable, in a condition that meets the performance and maintenance
standards established by the department and that is free of any
encumbrance, lien, or other claims.
(d) (1) The department or a regional transportation agency may
exercise any power possessed by it with respect to transportation
projects to facilitate the transportation projects pursuant to this
section. The department, regional transportation agency, and other
state or local agencies may provide services to the contracting
entity for which the public entity is reimbursed, including, but not
limited to, planning, environmental planning, environmental
certification, environmental review, preliminary design, design,
right-of-way acquisition, construction, maintenance, and policing of
these transportation projects. The department or regional
transportation agency, as applicable, shall regularly inspect the
facility and require the lessee to maintain and operate the facility
according to adopted standards. The lessee shall be responsible for
all costs due to development, maintenance, repair, rehabilitation,
and reconstruction, and operating costs.
(2) In selecting private entities with which to enter into these
agreements, notwithstanding any other provision of law, the
department and regional transportation agencies may utilize, but are
not limited to utilizing, one or more of the following procurement
approaches:
(A) Solicitations of proposals for defined projects and calls for
project proposals within defined parameters.
(B) Prequalification and short-listing of proposers prior to final
evaluation of proposals.
(C) Final evaluation of proposals based on qualifications, best
value, or both. If final evaluation is to be based on best value, the
California Transportation Commission shall develop and adopt
criteria for making that evaluation prior to evaluation of a
proposal.
(D) Negotiations with proposers prior to award.
(E) Acceptance of unsolicited proposals, with issuance of requests
for competing proposals.
(3) No agreement entered into pursuant to this section shall
infringe on the authority of the department or a regional
transportation agency to develop, maintain, repair, rehabilitate,
operate, or lease any transportation project. Lease agreements may
provide for reasonable compensation to the leaseholder for the
adverse effects on toll revenue or user fee revenue due to the
development, operation, or lease of supplemental transportation
projects with the exception of any of the following:
(A) Projects identified in regional transportation plans prepared
pursuant to Section 65080 of the Government Code and submitted to the
commission as of the date the commission selected the project to be
developed through a lease agreement, as provided in this section,
unless provided by the lease agreement approved by the department or
regional transportation agency and the commission.
(B) Safety projects.
(C) Improvement projects that will result in incidental capacity
increases.
(D) Additional high-occupancy vehicle lanes or the conversion of
existing lanes to high-occupancy vehicle lanes.
(E) Projects located outside the boundaries of a public-private
partnership project, to be defined by the lease agreement.
However, compensation to a leaseholder shall only be made after a
demonstrable reduction in use of the facility resulting in reduced
toll or user fee revenues, and may not exceed the reduction in those
revenues.
(e) (1) Agreements entered into pursuant to this section shall
authorize the contracting entity to impose tolls and user fees for
use of a facility constructed by it, and shall require that over the
term of the lease the toll revenues and user fees be applied to
payment of the capital outlay costs for the project, the costs
associated with operations, toll and user fee collection,
administration of the facility, reimbursement to the department or
other governmental entity for the costs of services to develop and
maintain the project, police services, and a reasonable return on
investment. The agreement shall require that, notwithstanding
Sections 164, 188, and 188.1, any excess toll or user fee revenue
either be applied to any indebtedness incurred by the contracting
entity with respect to the project, improvements to the project, or
be paid into the State Highway Account, or for all three purposes,
except that any excess toll revenue under a lease agreement with a
regional transportation agency may be paid to the regional
transportation agency for use in improving public transportation in
and near the project boundaries.
(2) Lease agreements shall establish specific toll or user fee
rates. Any proposed increase in those rates during the term of the
agreement shall first be approved by the department or regional
transportation agency after at least one public hearing conducted at
a location near the proposed or existing facility.
(3) The collection of tolls and user fees for the use of these
facilities may be extended by the commission or regional
transportation agency at the expiration of the lease agreement.
However, those tolls or user fees may not be used for any purpose
other than for the improvement, continued operation, or maintenance
of the facility.
(4) Tolls and user fees may not be charged to noncommercial
vehicles with three or fewer axles.
(f) The plans and specifications for each transportation project
developed, maintained, repaired, rehabilitated, reconstructed, or
operated pursuant to this section shall comply with the department's
standards for state transportation projects. The lease agreement
shall include performance standards, including, but not limited to,
levels of service. The agreement shall require facilities on the
state highway system to meet all requirements for noise mitigation,
landscaping, pollution control, and safety that otherwise would apply
if the department were designing, building, and operating the
facility. If a facility is on the state highway system, the facility
leased pursuant to this section shall, during the term of the lease,
be deemed to be a part of the state highway system for purposes of
identification, maintenance, enforcement of traffic laws, and for the
purposes of Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code.
(g) Failure to comply with the lease agreement in any significant
manner shall constitute a default under the agreement and the
department or the regional transportation agency, as appropriate,
shall have the option to initiate processes to revert the facility to
the public agency.
(h) The assignment authorized by subdivision (c) of Section 130240
of the Public Utilities Code is consistent with this section.
(i) A lease to a private entity pursuant to this section is deemed
to be public property for a public purpose and exempt from
leasehold, real property, and ad valorem taxation, except for the
use, if any, of that property for ancillary commercial purposes.
(j) Nothing in this section is intended to infringe on the
authority to develop high-occupancy toll lanes pursuant to Section
149.4, 149.5, or 149.6.
(k) Nothing in this section shall be construed to allow the
conversion of any existing nontoll or nonuser-fee lanes into tolled
or user fee lanes with the exception of a high-occupancy vehicle lane
that may be operated as a high-occupancy toll lane for vehicles not
otherwise meeting the requirements for use of that lane.
(l) The lease agreement shall require the lessee to provide any
information or data requested by the California Transportation
Commission or the Legislative Analyst. The commission, in cooperation
with the Legislative Analyst, shall annually prepare a report on the
progress of each project and ultimately on the operation of the
resulting facility. The report shall include, but not be limited to,
a review of the performance standards, a financial analysis, and any
concerns or recommendations for changes in the future.
(m) No lease agreements may be entered into under this section on
or after January 1, 2012.
SEC. 232. Section 149.7 of the Streets and Highways Code is
amended to read:
149.7. (a) A regional transportation agency, as defined in
Section 143, in cooperation with the department, may apply to the
commission to develop and operate high-occupancy toll lanes,
including the administration and operation of a value pricing program
and exclusive or preferential lane facilities for public transit,
consistent with the established standards, requirements, and
limitations that apply to those facilities in Sections 149, 149.1,
149.3, 149.4, 149.5, and 149.6.
(b) The commission shall review each application for the
development and operation of the facilities described in subdivision
(a) according to eligibility criteria established by the commission.
For each eligible application, the commission shall conduct at least
one public hearing in northern California and one in southern
California.
(c) Following public hearings, the commission shall submit an
eligible application and any public comments made during the hearings
to the Legislature for approval or rejection. Approval shall be
achieved by the enactment of a statute. The number of facilities
approved under this section shall not exceed four, two in northern
California and two in southern California.
(d) A regional transportation agency that develops or operates a
facility, or facilities, described in subdivision (a) shall provide
any information or data requested by the commission or the
Legislative Analyst. The commission, in cooperation with the
Legislative Analyst, shall annually prepare a report on the progress
of the development and operation of a facility authorized under this
section. The commission may submit this report as a section in its
annual report to the Legislature required pursuant to Section 14535
of the Government Code.
(e) No applications may be approved under this section on or after
January 1, 2012.
SEC. 233. Section 5160 of the Vehicle Code is amended to read:
5160. (a) A state agency authorized under this article to offer
specialized license plates shall prepare and submit an annual
accounting report to the department by June 30. The report shall
include an accounting of all revenues and expenditures associated
with the specialized license plate program.
(b) If a state agency submits a report pursuant to subdivision (a)
indicating that the agency violated the expenditure restriction set
forth in Section 5159, the department shall immediately cease
depositing fees for that agency's specialized license plate program
in the Specialized License Plate Fund established under Section 5157
and, instead, shall deposit those fees that would have otherwise been
deposited in that fund in a separate fund created by the Controller,
which fund is subject to appropriation by the Legislature. The
department shall immediately notify the agency of this course of
action. The depositing of funds in the account established pursuant
to this subdivision shall continue until the agency demonstrates to
the satisfaction of the
department that the agency is in compliance or will comply with the
requirements of Section 5159. If one year from the date that the
agency receives the notice described in this subdivision, the agency
is still unable to satisfactorily demonstrate to the department that
it is in compliance or will comply with Section 5159, the department
shall no longer issue or replace those specialized license plates
associated with that agency. Those particular specialized license
plates that were issued prior to the discontinuation provided by this
subdivision may continue to be used and attached to the vehicle for
which they were issued and may be renewed, retained, or transferred
pursuant to this code.
(c) Upon receiving the reports required under subdivision (a),
notwithstanding Section 7550.5 of the Government Code, the department
shall prepare and transmit an annual consolidated report to the
Legislature containing the revenue and expenditure data.
SEC. 234. Section 11713.1 of the Vehicle Code is amended to read:
11713.1. It is a violation of this code for the holder of a
dealer's license issued under this article to do any of the
following:
(a) Advertise a specific vehicle for sale without identifying the
vehicle by its model, model-year, and either its license number or
that portion of the vehicle identification number that distinguishes
the vehicle from all other vehicles of the same make, model, and
model-year. Model-year is not required to be advertised for current
model-year vehicles. Year models are no longer current when ensuing
year models are available for purchase at retail in California. Any
advertisement that offers for sale a class of new vehicles in a
dealer's inventory, consisting of five or more vehicles, that are all
of the same make, model, and model-year is not required to include
in the advertisement the vehicle identification numbers or license
numbers of those vehicles.
(b) Advertise the total price of a vehicle without including all
costs to the purchaser at time of sale, except taxes, vehicle
registration fees, the California tire fee, as defined in Section
42885 of the Public Resources Code, emission testing fees not
exceeding fifty dollars ($50), actual fees charged for certificates
pursuant to Section 44060 of the Health and Safety Code, finance
charges, and any dealer document preparation charge. The dealer
document preparation charge shall not exceed fifty-five dollars
($55).
(c) (1) Exclude from an advertisement of a vehicle for sale that
there will be added to the advertised total price at the time of
sale, charges for sales tax, vehicle registration fees, the
California tire fee, the fee charged by the state for the issuance of
a certificate of compliance or noncompliance pursuant to a statute,
finance charges, and a dealer document preparation charge.
(2) The obligations imposed by paragraph (1) are satisfied by
adding to the advertisement a statement containing no abbreviations
and that is worded in substantially the following form: "Plus
government fees and taxes, any finance charges, any dealer document
preparation charge, and any emission testing charge."
(3) For purposes of paragraph (1), "advertisement" means an
advertisement in a newspaper, magazine, or direct mail publication
that is two or more columns in width or one column in width and more
than seven inches in length, or on a Web page of a dealer's Web site
that displays the price of a vehicle offered for sale on the
Internet, as that term is defined in paragraph (6) of subdivision (e)
of Section 17538 of the Business and Professions Code.
(d) Represent the dealer document preparation charge or
certificate of compliance or noncompliance fee, as a governmental
fee.
(e) Fail to sell a vehicle to a person at the advertised total
price, exclusive of taxes, vehicle registration fees, the California
tire fee, the fee charged by the state for the issuance of a
certificate of compliance or noncompliance pursuant to a statute,
finance charges, mobilehome escrow fees, the amount of a city,
county, or city and county imposed fee or tax for a mobilehome, and a
dealer document preparation charge, which charges shall not exceed
fifty-five dollars ($55) for the document preparation charge and not
to exceed fifty dollars ($50) for emission testing plus the actual
fees charged for certificates pursuant to Section 44060 of the Health
and Safety Code, while the vehicle remains unsold, unless the
advertisement states the advertised total price is good only for a
specified time and the time has elapsed. Advertised vehicles shall be
sold at or below the advertised total price, with statutorily
permitted exclusions, regardless of whether the purchaser has
knowledge of the advertised total price.
(f) (1) Advertise for sale, sell, or purchase for resale a new
vehicle of a line-make for which the dealer does not hold a
franchise.
(2) This subdivision does not apply to a transaction involving the
following:
(A) A mobilehome.
(B) A recreational vehicle as defined in Section 18010 of the
Health and Safety Code.
(C) A commercial coach, as defined in Section 18001.8 of the
Health and Safety Code.
(D) An off-highway motor vehicle subject to identification as
defined in Section 38012.
(E) A manufactured home.
(F) A new vehicle that will be substantially altered or modified
by a converter prior to resale.
(G) A commercial vehicle with a gross vehicle weight rating of
more than 10,000 pounds.
(H) A vehicle purchased for export and exported outside the
territorial limits of the United States without being registered with
the department.
(g) Sell a park trailer, as specified in Section 18009.3 of the
Health and Safety Code, without disclosing in writing to the
purchaser that a park trailer is required to be moved by a
transporter or a licensed manufacturer or dealer under a permit
issued by the Department of Transportation or a local authority with
respect to highways under their respective jurisdictions.
(h) Advertise free merchandise, gifts, or services provided by a
dealer contingent on the purchase of a vehicle. "Free" includes
merchandise or services offered for sale at a price less than the
seller's cost of the merchandise or services.
(i) (1) Advertise vehicles, and related goods or services, at a
specified dealer price, with the intent not to supply reasonably
expectable demand, unless the advertisement discloses the number of
vehicles in stock at the advertised price. In addition, whether or
not there are sufficient vehicles in stock to supply a reasonably
expectable demand, when phrases such as "starting at," "from,"
"beginning as low as," or words of similar import are used in
reference to an advertised price, the advertisement shall disclose
the number of vehicles available at that advertised price.
(2) For purposes of this subdivision, in a newspaper advertisement
for a vehicle that is two model-years old or newer, the actual
phrase that states the number of vehicles in stock at the advertised
price shall be printed in a type size that is at least equal to
one-quarter of the type size, and in the same style and color of
type, used for the advertised price. However, in no case shall the
phrase be printed in less than 8-point type size, and the phrase
shall be disclosed immediately above, below, or beside the advertised
price without intervening words, pictures, marks, or symbols.
(3) The disclosure required by this subdivision is in addition to
any other disclosure required by this code or any regulation
regarding identifying vehicles advertised for sale.
(j) Use "rebate" or similar words, including, but not limited to,
"cash back," in advertising the sale of a vehicle unless the rebate
is expressed in a specific dollar amount and is in fact a rebate
offered by the vehicle manufacturer or distributor directly to the
retail purchaser of the vehicle or to the assignee of the retail
purchaser.
(k) Require a person to pay a higher price for a vehicle and
related goods or services for receiving advertised credit terms than
the cash price the same person would have to pay to purchase the same
vehicle and related goods or services. For the purpose of this
subdivision, "cash price" has the meaning as defined in subdivision
(e) of Section 2981 of the Civil Code.
() Advertise a guaranteed trade-in allowance.
(m) Misrepresent the authority of a salesperson, representative,
or agent to negotiate the final terms of a transaction.
(n) (1) Use "invoice," "dealer's invoice," "wholesale price," or
similar terms that refer to a dealer's cost for a vehicle in an
advertisement for the sale of a vehicle or advertise that the selling
price of a vehicle is above, below, or at either of the following:
(A) The manufacturer's or distributor's invoice price to a dealer.
(B) A dealer's cost.
(2) This subdivision does not apply to either of the following:
(A) A communication occurring during face-to-face negotiations for
the purchase of a specific vehicle if the prospective purchaser
initiates a discussion of the vehicle's invoice price or the dealer's
cost for that vehicle.
(B) A communication between a dealer and a prospective commercial
purchaser that is not disseminated to the general public. For
purposes of this subparagraph, a "commercial purchaser" means a
dealer, lessor, lessor-retailer, manufacturer, remanufacturer,
distributor, financial institution, governmental entity, or person
who purchases 10 or more vehicles during a year.
(o) Violate a law prohibiting bait and switch advertising,
including, but not limited to, the guides against bait advertising
set forth in Part 238 (commencing with Section 238) of Title 16 of
the Code of Federal Regulations, as those regulations read on January
1, 1988.
(p) Make an untrue or misleading statement indicating that a
vehicle is equipped with all the factory-installed optional equipment
the manufacturer offers, including, but not limited to, a false
statement that a vehicle is "fully factory equipped."
(q) Affix on a new vehicle a supplemental price sticker containing
a price that represents the dealer's asking price that exceeds the
manufacturer's suggested retail price unless all of the following
occur:
(1) The supplemental sticker clearly and conspicuously discloses
in the largest print appearing on the sticker, other than the print
size used for the dealer's name, that the supplemental sticker price
is the dealer's asking price, or words of similar import, and that it
is not the manufacturer's suggested retail price.
(2) The supplemental sticker clearly and conspicuously discloses
the manufacturer's suggested retail price.
(3) The supplemental sticker lists each item that is not included
in the manufacturer's suggested retail price, and discloses the
additional price of each item. If the supplemental sticker price is
greater than the sum of the manufacturer's suggested retail price and
the price of the items added by the dealer, the supplemental sticker
price shall set forth that difference and describe it as "added
mark-up."
(r) Advertise an underselling claim, including, but not limited
to, "we have the lowest prices" or "we will beat any dealer's price,"
unless the dealer has conducted a recent survey showing that the
dealer sells its vehicles at lower prices than another licensee in
its trade area and maintains records to adequately substantiate the
claims. The substantiating records shall be made available to the
department upon request.
(s) (1) Advertise an incentive offered by the manufacturer or
distributor if the dealer is required to contribute to the cost of
the incentive as a condition of participating in the incentive
program, unless the dealer discloses in a clear and conspicuous
manner that dealer participation may affect consumer cost.
(2) For purposes of this subdivision, "incentive" means anything
of value offered to induce people to purchase a vehicle, including,
but not limited to, discounts, savings claims, rebates, below-market
finance rates, and free merchandise or services.
(t) Display or offer for sale a used vehicle unless there is
affixed to the vehicle the Federal Trade Commission's Buyer's Guide
as required by Part 455 of Title 16 of the Code of Federal
Regulations.
(u) Fail to disclose in writing to the franchisor of a new motor
vehicle dealer the name of the purchaser, date of sale, and the
vehicle identification number of each new motor vehicle sold of the
line-make of that franchisor, or intentionally submit to that
franchisor a false name for the purchaser or false date for the date
of sale.
(v) Enter into a contract for the retail sale of a motor vehicle
unless the contract clearly and conspicuously discloses whether the
vehicle is being sold as a new vehicle or a used vehicle, as defined
in this code.
(w) Use a simulated check, as defined in subdivision (a) of
Section 22433 of the Business and Professions Code, in an
advertisement for the sale or lease of a vehicle.
(x) Fail to disclose, in a clear and conspicuous manner in at
least 10-point boldface type on the face of a contract for the retail
sale of a new motor vehicle that this transaction is, or is not,
subject to a fee received by an autobroker from the selling new motor
vehicle dealer, and the name of the autobroker, if applicable.
(y) As used in this section, "make" and "model" have the same
meaning as is provided in Section 565.3 of Title 49 of the Code of
Federal Regulations.
SEC. 235. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) A combination of vehicles, if a vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) A single vehicle with a gross vehicle weight rating of more
than 26,000 pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) A motorized scooter.
(I) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under the age of 21 years may not be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
(k) A class M license issued between January 1, 1989, and December
31, 1992, shall permit the holder to operate any motorcycle,
motor-driven cycle, or motorized bicycle until the expiration of the
license.
SEC. 236. Section 13352 of the Vehicle Code is amended to read:
13352. (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of a court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109. If an offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege. The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive. For
the purposes of this section, suspension or revocation shall be as
follows:
(1) Except as required under Section 13352.1 or 13352.4, upon a
conviction or finding of a violation of Section 23152 punishable
under Section 23536, the privilege shall be suspended for a period of
six months.
The privilege may not be reinstated until the person gives proof
of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to
Section 11836 of the Health and Safety Code described in subdivision
(b) of Section 23538 of this code. If the court, as authorized under
paragraph (3) of subdivision (b) of Section 23646, elects to order a
person to enroll, participate and complete either program described
in subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538. For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation. Credit may not be
given to any program activities completed prior to the date of the
current violation.
(2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year. The privilege may not be reinstated until the
person gives proof of financial responsibility and gives proof
satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
of Section 23556 of this code. If the court, as authorized under
paragraph (3) of subdivision (b) of Section 23646, elects to order a
person to enroll, participate, and complete either program described
in subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556. For
the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years. The privilege
may not be reinstated until the person gives proof of financial
responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23542 of this code. For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation. Credit shall not be given to any program
activities completed prior to the date of the current violation. The
department shall advise the person that after completion of 12 months
of the suspension period, which may include credit for a suspension
period served under subdivision (c) of Section 13353.3, the person
may apply to the department for a restricted driver's license,
subject to the following conditions:
(A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
(ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
(B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
(C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(E) The person provides proof of financial responsibility, as
defined in Section 16430.
(F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person gives proof satisfactory to
the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, as described in subdivision (b)
of Section 23562 of this code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548 of this code, or, if
available in the county of the person's residence or employment, a
30-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, or a program specified
in Section 8001 of the Penal Code. For the purposes of this
paragraph, enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation. The department shall advise the
person that after completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years. The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3 of this code, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(ii) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if a 30-month program is
unavailable in the person's county of residence or employment.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5,
the privilege shall be revoked for a period of four years. The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code. For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation. The department shall advise the person
that after the completion of 12 months of the revocation period,
which may include credit for a suspension period served under
subdivision (c) of Section 13353.3 of this code, the person may apply
to the department for a restricted driver's license, subject to the
following conditions:
(A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
(i) The initial 12 months of an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.
(ii) The initial 12 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
(B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
(C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
(D) The person provides proof of financial responsibility, as
defined in Section 16430.
(E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code. Unless good cause is shown, the
court shall order the referral.
(F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
(G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
(8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court. The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court. The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for the purposes of this section, and a conviction of
an offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for the purposes of
this section. The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
(e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), the department
shall terminate the restriction imposed pursuant to this section and
shall suspend or revoke the person's driving privilege upon receipt
of notification from the driving-under-the-influence program that the
person has failed to comply with the program requirements. The
person's driving privilege shall remain suspended or revoked for the
remaining period of the original suspension or revocation imposed
under this section and until all reinstatement requirements described
in this section are met.
(f) For the purposes of this section, completion of a program is
the following:
(1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.
(g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
SEC. 237. Section 13352.1 of the Vehicle Code is amended to read:
13352.1. (a) Pursuant to subdivision (a) of Section 13352 and
except as required under Section 13352.4, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23536, if the court refers the person to a program pursuant to
paragraph (2) of subdivision (b) of Section 23538, the privilege
shall be suspended for 10 months.
(b) The privilege may not be reinstated until the person gives
proof of financial responsibility and gives proof satisfactory to the
department of successful completion of a driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code described in subdivision (b) of Section 23538 of this code. For
the purposes of this subdivision, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation. Credit may not be given to any program
activities completed prior to the date of the current violation.
SEC. 238. Section 13353.2 of the Vehicle Code is amended to read:
13353.2. (a) The department shall immediately suspend the
privilege of a person to operate a motor vehicle for any one of the
following reasons:
(1) The person was driving a motor vehicle when the person had
0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial
driver's license when the person had a 0.04 percent or more, by
weight, of alcohol in his or her blood.
(b) The notice of the order of suspension under this section shall
be served on the person by a peace officer pursuant to Section 13382
or 13388. The notice of the order of suspension shall be on a form
provided by the department. If the notice of the order of suspension
has not been served upon the person by the peace officer pursuant to
Section 13382 or 13388, upon the receipt of the report of a peace
officer submitted pursuant to Section 13380, the department shall
mail written notice of the order of the suspension to the person at
the last known address shown on the department's records and, if the
address of the person provided by the peace officer's report differs
from the address of record, to that address.
(c) The notice of the order of suspension shall clearly specify
the reason and statutory grounds for the suspension, the effective
date of the suspension, the right of the person to request an
administrative hearing, the procedure for requesting an
administrative hearing, and the date by which a request for an
administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
(d) The department shall make a determination of the facts in
subdivision (a) on the basis of the report of a peace officer
submitted pursuant to Section 13380. The determination of the facts,
after administrative review pursuant to Section 13557, by the
department is final, unless an administrative hearing is held
pursuant to Section 13558 and any judicial review of the
administrative determination after the hearing pursuant to Section
13559 is final.
(e) The determination of the facts in subdivision (a) is a civil
matter that is independent of the determination of the person's guilt
or innocence, shall have no collateral estoppel effect on a
subsequent criminal prosecution, and shall not preclude the
litigation of the same or similar facts in the criminal proceeding.
If a person is acquitted of criminal charges relating to a
determination of facts under subdivision (a), or if the person's
driver's license was suspended pursuant to Section 13388 and the
department finds no basis for a suspension pursuant to that section,
the department shall immediately reinstate the person's privilege to
operate a motor vehicle if the department has suspended it
administratively pursuant to subdivision (a), and the department
shall return or reissue for the remaining term any driver's license
that has been taken from the person pursuant to Section 13382 or
otherwise. Notwithstanding subdivision (b) of Section 13558, if
criminal charges under Section 23140, 23152, or 23153 are not filed
by the district attorney because of a lack of evidence, or if those
charges are filed but are subsequently dismissed by the court because
of an insufficiency of evidence, the person has a renewed right to
request an administrative hearing before the department. The request
for a hearing shall be made within one year from the date of arrest.
(f) The department shall furnish a form that requires a detailed
explanation specifying which evidence was defective or lacking and
detailing why that evidence was defective or lacking. The form shall
be made available to the person to provide to the district attorney.
The department shall hold an administrative hearing, and the hearing
officer shall consider the reasons for the failure to prosecute given
by the district attorney on the form provided by the department. If
applicable, the hearing officer shall consider the reasons stated on
the record by a judge who dismisses the charges. No fee shall be
imposed pursuant to Section 14905 for the return or reissuing of a
driver's license pursuant to this subdivision. The disposition of a
suspension action under this section does not affect any action to
suspend or revoke the person's privilege to operate a motor vehicle
under any other provision of this code, including, but not limited
to, Section 13352 or 13353, or Chapter 3 (commencing with Section
13800).
SEC. 239. Section 13385 of the Water Code, as amended by Section 3
of Chapter 404 of the Statutes of 2006, is amended to read:
13385. (a) Any person who violates any of the following shall be
liable civilly in accordance with this section:
(1) Section 13375 or 13376.
(2) Any waste discharge requirements or dredged or fill material
permit issued pursuant to this chapter or any water quality
certification issued pursuant to Section 13160.
(3) Any requirements established pursuant to Section 13383.
(4) Any order or prohibition issued pursuant to Section 13243 or
Article 1 (commencing with Section 13300) of Chapter 5, if the
activity subject to the order or prohibition is subject to regulation
under this chapter.
(5) Any requirements of Section 301, 302, 306, 307, 308, 318, 401,
or 405 of the Clean Water Act, as amended.
(6) Any requirement imposed in a pretreatment program approved
pursuant to waste discharge requirements issued under Section 13377
or approved pursuant to a permit issued by the administrator.
(b) Civil liability may be imposed by the superior court in an
amount not to exceed the sum of both of the following:
(1) Twenty-five thousand dollars ($25,000) for each day in which
the violation occurs.
(2) Where there is a discharge, any portion of which is not
susceptible to cleanup or is not cleaned up, and the volume
discharged but not cleaned up exceeds 1,000 gallons, an additional
liability not to exceed twenty-five dollars ($25) multiplied by the
number of gallons by which the volume discharged but not cleaned up
exceeds 1,000 gallons.
The Attorney General, upon request of a regional board or the
state board, shall petition the superior court to impose the
liability.
(c) Civil liability may be imposed administratively by the state
board or a regional board pursuant to Article 2.5 (commencing with
Section 13323) of Chapter 5 in an amount not to exceed the sum of
both of the following:
(1) Ten thousand dollars
($10,000) for each day in which the violation occurs.
(2) Where there is a discharge, any portion of which is not
susceptible to cleanup or is not cleaned up, and the volume
discharged but not cleaned up exceeds 1,000 gallons, an additional
liability not to exceed ten dollars ($10) multiplied by the number of
gallons by which the volume discharged but not cleaned up exceeds
1,000 gallons.
(d) For purposes of subdivisions (b) and (c), "discharge" includes
any discharge to navigable waters of the United States, any
introduction of pollutants into a publicly owned treatment works, or
any use or disposal of sewage sludge.
(e) In determining the amount of any liability imposed under this
section, the regional board, the state board, or the superior court,
as the case may be, shall take into account the nature,
circumstances, extent, and gravity of the violation or violations,
whether the discharge is susceptible to cleanup or abatement, the
degree of toxicity of the discharge, and, with respect to the
violator, the ability to pay, the effect on its ability to continue
its business, any voluntary cleanup efforts undertaken, any prior
history of violations, the degree of culpability, economic benefit or
savings, if any, resulting from the violation, and other matters
that justice may require. At a minimum, liability shall be assessed
at a level that recovers the economic benefits, if any, derived from
the acts that constitute the violation.
(f) (1) Except as provided in paragraph (2), for the purposes of
this section, a single operational upset that leads to simultaneous
violations of more than one pollutant parameter shall be treated as a
single violation.
(2) (A) For the purposes of subdivisions (h) and (i), a single
operational upset in a wastewater treatment unit that treats
wastewater using a biological treatment process shall be treated as a
single violation, even if the operational upset results in
violations of more than one effluent limitation and the violations
continue for a period of more than one day, if all of the following
apply:
(i) The discharger demonstrates all of the following:
(I) The upset was not caused by wastewater treatment operator
error and was not due to discharger negligence.
(II) But for the operational upset of the biological treatment
process, the violations would not have occurred nor would they have
continued for more than one day.
(III) The discharger carried out all reasonable and immediately
feasible actions to reduce noncompliance with the applicable effluent
limitations.
(ii) The discharger is implementing an approved pretreatment
program, if so required by federal or state law.
(B) Subparagraph (A) only applies to violations that occur during
a period for which the regional board has determined that violations
are unavoidable, but in no case may that period exceed 30 days.
(g) Remedies under this section are in addition to, and do not
supersede or limit, any other remedies, civil or criminal, except
that no liability shall be recoverable under Section 13261, 13265,
13268, or 13350 for violations for which liability is recovered under
this section.
(h) (1) Notwithstanding any other provision of this division, and
except as provided in subdivisions (j), (k), and (), a mandatory
minimum penalty of three thousand dollars ($3,000) shall be assessed
for each serious violation.
(2) For the purposes of this section, a "serious violation" means
any waste discharge that violates the effluent limitations contained
in the applicable waste discharge requirements for a Group II
pollutant, as specified in Appendix A to Section 123.45 of Title 40
of the Code of Federal Regulations, by 20 percent or more or for a
Group I pollutant, as specified in Appendix A to Section 123.45 of
Title 40 of the Code of Federal Regulations, by 40 percent or more.
(i) (1) Notwithstanding any other provision of this division, and
except as provided in subdivisions (j), (k), and (), a mandatory
minimum penalty of three thousand dollars ($3,000) shall be assessed
for each violation whenever the person does any of the following four
or more times in any period of six consecutive months, except that
the requirement to assess the mandatory minimum penalty shall not be
applicable to the first three violations:
(A) Violates a waste discharge requirement effluent limitation.
(B) Fails to file a report pursuant to Section 13260.
(C) Files an incomplete report pursuant to Section 13260.
(D) Violates a toxicity effluent limitation contained in the
applicable waste discharge requirements where the waste discharge
requirements do not contain pollutant-specific effluent limitations
for toxic pollutants.
(2) For the purposes of this section, a "period of six consecutive
months" means the period commencing on the date that one of the
violations described in this subdivision occurs and ending 180 days
after that date.
(j) Subdivisions (h) and (i) do not apply to any of the following:
(1) A violation caused by one or any combination of the following:
(A) An act of war.
(B) An unanticipated, grave natural disaster or other natural
phenomenon of an exceptional, inevitable, and irresistible character,
the effects of which could not have been prevented or avoided by the
exercise of due care or foresight.
(C) An intentional act of a third party, the effects of which
could not have been prevented or avoided by the exercise of due care
or foresight.
(D) (i) The operation of a new or reconstructed wastewater
treatment unit during a defined period of adjusting or testing, not
to exceed 90 days for a wastewater treatment unit that relies on a
biological treatment process and not to exceed 30 days for any other
wastewater treatment unit, if all of the following requirements are
met:
(I) The discharger has submitted to the regional board, at least
30 days in advance of the operation, an operations plan that
describes the actions the discharger will take during the period of
adjusting and testing, including steps to prevent violations and
identifies the shortest reasonable time required for the period of
adjusting and testing, not to exceed 90 days for a wastewater
treatment unit that relies on a biological treatment process and not
to exceed 30 days for any other wastewater treatment unit.
(II) The regional board has not objected in writing to the
operations plan.
(III) The discharger demonstrates that the violations resulted
from the operation of the new or reconstructed wastewater treatment
unit and that the violations could not have reasonably been avoided.
(IV) The discharger demonstrates compliance with the operations
plan.
(V) In the case of a reconstructed wastewater treatment unit, the
unit relies on a biological treatment process that is required to be
out of operation for at least 14 days in order to perform the
reconstruction, or the unit is required to be out of operation for at
least 14 days and, at the time of the reconstruction, the cost of
reconstructing the unit exceeds 50 percent of the cost of replacing
the wastewater treatment unit.
(ii) For the purposes of this section, "wastewater treatment unit"
means a component of a wastewater treatment plant that performs a
designated treatment function.
(2) (A) Except as provided in subparagraph (B), a violation of an
effluent limitation where the waste discharge is in compliance with
either a cease and desist order issued pursuant to Section 13301 or a
time schedule order issued pursuant to Section 13300, if all of the
following requirements are met:
(i) The cease and desist order or time schedule order is issued
after January 1, 1995, but not later than July 1, 2000, specifies the
actions that the discharger is required to take in order to correct
the violations that would otherwise be subject to subdivisions (h)
and (i), and the date by which compliance is required to be achieved
and, if the final date by which compliance is required to be achieved
is later than one year from the effective date of the cease and
desist order or time schedule order, specifies the interim
requirements by which progress towards compliance will be measured
and the date by which the discharger will be in compliance with each
interim requirement.
(ii) The discharger has prepared and is implementing in a timely
and proper manner, or is required by the regional board to prepare
and implement, a pollution prevention plan that meets the
requirements of Section 13263.3.
(iii) The discharger demonstrates that it has carried out all
reasonable and immediately feasible actions to reduce noncompliance
with the waste discharge requirements applicable to the waste
discharge and the executive officer of the regional board concurs
with the demonstration.
(B) Subdivisions (h) and (i) shall become applicable to a waste
discharge on the date the waste discharge requirements applicable to
the waste discharge are revised and reissued pursuant to Section
13380, unless the regional board does all of the following on or
before that date:
(i) Modifies the requirements of the cease and desist order or
time schedule order as may be necessary to make it fully consistent
with the reissued waste discharge requirements.
(ii) Establishes in the modified cease and desist order or time
schedule order a date by which full compliance with the reissued
waste discharge requirements shall be achieved. For the purposes of
this subdivision, the regional board may not establish this date
later than five years from the date the waste discharge requirements
were required to be reviewed pursuant to Section 13380. If the
reissued waste discharge requirements do not add new effluent
limitations or do not include effluent limitations that are more
stringent than those in the original waste discharge requirements,
the date shall be the same as the final date for compliance in the
original cease and desist order or time schedule order or five years
from the date that the waste discharge requirements were required to
be reviewed pursuant to Section 13380, whichever is earlier.
(iii) Determines that the pollution prevention plan required by
clause (ii) of subparagraph (A) is in compliance with the
requirements of Section 13263.3 and that the discharger is
implementing the pollution prevention plan in a timely and proper
manner.
(3) A violation of an effluent limitation where the waste
discharge is in compliance with either a cease and desist order
issued pursuant to Section 13301 or a time schedule order issued
pursuant to Section 13300 or 13308, if all of the following
requirements are met:
(A) The cease and desist order or time schedule order is issued on
or after July 1, 2000, and specifies the actions that the discharger
is required to take in order to correct the violations that would
otherwise be subject to subdivisions (h) and (i).
(B) The regional board finds that, for one of the following
reasons, the discharger is not able to consistently comply with one
or more of the effluent limitations established in the waste
discharge requirements applicable to the waste discharge:
(i) The effluent limitation is a new, more stringent, or modified
regulatory requirement that has become applicable to the waste
discharge after the effective date of the waste discharge
requirements and after July 1, 2000, new or modified control measures
are necessary in order to comply with the effluent limitation, and
the new or modified control measures cannot be designed, installed,
and put into operation within 30 calendar days.
(ii) New methods for detecting or measuring a pollutant in the
waste discharge demonstrate that new or modified control measures are
necessary in order to comply with the effluent limitation and the
new or modified control measures cannot be designed, installed, and
put into operation within 30 calendar days.
(iii) Unanticipated changes in the quality of the municipal or
industrial water supply available to the discharger are the cause of
unavoidable changes in the composition of the waste discharge, the
changes in the composition of the waste discharge are the cause of
the inability to comply with the effluent limitation, no alternative
water supply is reasonably available to the discharger, and new or
modified measures to control the composition of the waste discharge
cannot be designed, installed, and put into operation within 30
calendar days.
(iv) The discharger is a publicly owned treatment works located in
Orange County that is unable to meet effluent limitations for
biological oxygen demand, suspended solids, or both, because the
publicly owned treatment works meets all of the following criteria:
(I) Was previously operating under modified secondary treatment
requirements pursuant to Section 301(h) of the Clean Water Act (33
U.S.C. Sec. 1311(h)).
(II) Did vote on July 17, 2002, not to apply for a renewal of the
modified secondary treatment requirements.
(III) Is in the process of upgrading its treatment facilities to
meet the secondary treatment standards required by Section 301(b)(1)
(B) of the Clean Water Act (33 U.S.C. Sec. 1311(b)(1)(B)).
(C) The regional board establishes a time schedule for bringing
the waste discharge into compliance with the effluent limitation that
is as short as possible, taking into account the technological,
operational, and economic factors that affect the design,
development, and implementation of the control measures that are
necessary to comply with the effluent limitation. For the purposes of
this subdivision, the time schedule may not exceed five years in
length, except that the time schedule may not exceed 10 years in
length for the upgrade described in subclause (III) of clause (iv) of
subparagraph (B). If the time schedule exceeds one year from the
effective date of the order, the schedule shall include interim
requirements and the dates for their achievement. The interim
requirements shall include both of the following:
(i) Effluent limitations for the pollutant or pollutants of
concern.
(ii) Actions and milestones leading to compliance with the
effluent limitation.
(D) The discharger has prepared and is implementing in a timely
and proper manner, or is required by the regional board to prepare
and implement, a pollution prevention plan pursuant to Section
13263.3.
(k) (1) In lieu of assessing all or a portion of the mandatory
minimum penalties pursuant to subdivisions (h) and (i) against a
publicly owned treatment works serving a small community, the state
board or the regional board may elect to require the publicly owned
treatment works to spend an equivalent amount towards the completion
of a compliance project proposed by the publicly owned treatment
works, if the state board or the regional board finds all of the
following:
(A) The compliance project is designed to correct the violations
within five years.
(B) The compliance project is in accordance with the enforcement
policy of the state board, excluding any provision in the policy that
is inconsistent with this section.
(C) The publicly owned treatment works has prepared a financing
plan to complete the compliance project.
(2) For the purposes of this subdivision, "a publicly owned
treatment works serving a small community" means a publicly owned
treatment works serving a population of 10,000 persons or fewer or a
rural county, with a financial hardship as determined by the state
board after considering such factors as median income of the
residents, rate of unemployment, or low population density in the
service area of the publicly owned treatment works.
() (1) In lieu of assessing penalties pursuant to subdivision (h)
or (i), the state board or the regional board, with the concurrence
of the discharger, may direct a portion of the penalty amount to be
expended on a supplemental environmental project in accordance with
the enforcement policy of the state board. If the penalty amount
exceeds fifteen thousand dollars ($15,000), the portion of the
penalty amount that may be directed to be expended on a supplemental
environmental project may not exceed fifteen thousand dollars
($15,000) plus 50 percent of the penalty amount that exceeds fifteen
thousand dollars ($15,000).
(2) For the purposes of this section, a "supplemental
environmental project" means an environmentally beneficial project
that a person agrees to undertake, with the approval of the regional
board, that would not be undertaken in the absence of an enforcement
action under this section.
(3) This subdivision applies to the imposition of penalties
pursuant to subdivision (h) or (i) on or after January 1, 2003,
without regard to the date on which the violation occurs.
(m) The Attorney General, upon request of a regional board or the
state board, shall petition the appropriate court to collect any
liability or penalty imposed pursuant to this section. Any person who
fails to pay on a timely basis any liability or penalty imposed
under this section shall be required to pay, in addition to that
liability or penalty, interest, attorney's fees, costs for collection
proceedings, and a quarterly nonpayment penalty for each quarter
during which the failure to pay persists. The nonpayment penalty
shall be in an amount equal to 20 percent of the aggregate amount of
the person's penalty and nonpayment penalties that are unpaid as of
the beginning of the quarter.
(n) (1) Subject to paragraph (2), funds collected pursuant to this
section shall be deposited in the State Water Pollution Cleanup and
Abatement Account.
(2) (A) Notwithstanding any other provision of law, moneys
collected for a violation of a water quality certification in
accordance with paragraph (2) of subdivision (a) or for a violation
of Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) in
accordance with paragraph (5) of subdivision (a) shall be deposited
in the Waste Discharge Permit Fund and separately accounted for in
that fund.
(B) The funds described in subparagraph (A) shall be expended by
the state board, upon appropriation by the Legislature, to assist
regional boards, and other public agencies with authority to clean up
waste or abate the effects of the waste, in cleaning up or abating
the effects of the waste on waters of the state or for the purposes
authorized in Section 13443.
(o) The state board shall continuously report and update
information on its Internet Web site, but at a minimum, annually on
or before January 1, regarding its enforcement activities. The
information shall include all of the following:
(1) A compilation of the number of violations of waste discharge
requirements in the previous calendar year, including stormwater
enforcement violations.
(2) A record of the formal and informal compliance and enforcement
actions taken for each violation, including stormwater enforcement
actions.
(3) An analysis of the effectiveness of current enforcement
policies, including mandatory minimum penalties.
(p) The amendments made to subdivisions (f), (h), (i) and (j)
during the second year of the 2001-02 Regular Session apply only to
violations that occur on or after January 1, 2003.
SEC. 240. Section 21100 of the Water Code is amended to read:
21100. (a) Each director, except as otherwise provided in this
division, shall be a voter and a landowner in the district and a
resident of the division that he or she represents at the time of his
or her nomination or appointment and through his or her entire term,
except in the case of the director elected at a formation election.
A director elected at a formation election shall be a resident,
landowner, and voter in the proposed district at the time of his or
her nomination and a resident of the division that he or she
represents during his or her entire term.
(b) In any district having no more than 15 landowners who are
voters in the district, a person need not be a voter but shall be
qualified to be a director of the district if he or she is a
landowner of the district at the time of his or her nomination or
appointment and during his or her entire term.
(c) In a district providing retail electricity for residents of
the district, each director, except as otherwise provided in this
division, shall be a voter of the district and a resident of the
division that he or she represents at the time of his or her
nomination or appointment and during his or her entire term, except
in the case of a director elected at a formation election. A director
elected at a formation election shall be a resident in the proposed
district at the time of his or her nomination and a resident of the
division that he or she represents during his or her entire term.
(d) (1) Notwithstanding subdivision (a) of Section 21100, except
as provided in paragraph (2), for the purpose of meeting the
requirements of that subdivision, a person need not be a landowner
within the district to be qualified to be a director of the district
if either of the following applies:
(A) The person serves or seeks to serve on the board of directors
of a district without divisions and the district is required to
submit an urban water management plan pursuant to the Urban Water
Management Planning Act (Part 2.6 (commencing with Section 10610) of
Division 6).
(B) The person serves or seeks to serve on the board of directors
of a district with divisions, the district is required to submit an
urban water management plan pursuant to the Urban Water Management
Planning Act (Part 2.6 (commencing with Section 10610) of Division
6), and the district, within the division that the person represents
or seeks to represent, supplies water as a public water system
subject to Chapter 4 (commencing with Section 116270) of Part 12 of
Division 104 of the Health and Safety Code.
(2) A director appointed or elected before January 1, 2007, shall
be subject to the qualification requirements imposed by subdivision
(a) until the expiration of his or her term.
SEC. 241. Section 50780.10 of the Water Code is amended to read:
50780.10. A "voter" means any of the following:
(a) A landowner or the legal representative of a landowner.
(b) A voter as defined in Section 359 of the Elections Code who
resides within the boundaries of the district.
(c) A voter as defined in subdivision (a) may vote for both parcel
seats and land assessment seats.
(d) A voter as defined in subdivision (a) who is also a voter as
defined in subdivision (b) may vote for both resident voter seats and
land assessment seats.
SEC. 242. Section 202 of the Welfare and Institutions Code is
amended to read:
202. (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public. If removal of
a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective. If the minor is removed from his or her own family, it is
the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents. This chapter shall be
liberally construed to carry out these purposes.
(b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment, and
guidance consistent with their best interest and the best interest of
the public. Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances. This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter. If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public. When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
(c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
(d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results. They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner. In working to improve
system performance, the presiding judge of the juvenile court and
other juvenile court judges designated by the presiding judge of the
juvenile court shall take into consideration the recommendations
contained in subdivision (e) of Standard 5.40 of Title 5 of the
California Standards of Judicial Administration, contained in the
California Rules of Court.
(e) As used in this chapter, "punishment" means the imposition of
sanctions. It does not include retribution and shall not include a
court order to place a child in foster care as defined by Section
727.3. Permissible sanctions may include any of the following:
(1) Payment of a fine by the minor.
(2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
(3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
(4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
(5) Commitment of the minor to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation.
(f) In addition to the actions
authorized by subdivision (e), the juvenile court may, as
appropriate, direct the offender to complete a victim impact class,
participate in victim offender conferencing subject to the victim's
consent, pay restitution to the victim or victims, and make a
contribution to the victim restitution fund after all victim
restitution orders and fines have been satisfied, in order to hold
the offender accountable or restore the victim or community.
SEC. 243. Section 319 of the Welfare and Institutions Code is
amended to read:
319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody, the
need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians, and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker's report or other
evidence relied upon to make its determination whether continuance in
the home of the parent or legal guardian is contrary to the child's
welfare, order temporary placement and care of the child to be vested
with the county child welfare department pending the hearing held
pursuant to Section 355 or further order of the court, and order
services to be provided as soon as possible to reunify the child and
his or her family if appropriate.
(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
(2) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of these persons,
even if the marriage was terminated by death or dissolution. However,
only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.
(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative's home, including the
results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall order the parent to disclose to the
social worker the names, residences, and any known identifying
information of any maternal or paternal relatives of the child. The
social worker shall initiate the assessment pursuant to Section 361.3
of any relative to be considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:
(A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.
(B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.
(C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.
(2) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent, as defined in subdivision (a) of Section 56050 of
the Education Code, is not warranted, the court may, with the input
of any interested person, make educational decisions for the child.
If the court makes educational decisions for the child, the court
shall also issue appropriate orders to ensure that every effort is
made to identify a responsible adult to make future educational
decisions for the child.
(3) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational decisions for the child shall be specifically addressed
in the court order. Any order made under this section shall expire at
the conclusion of the hearing held pursuant to Section 361 or upon
dismissal of the petition. Upon the entering of disposition orders,
any additional needed limitation on the parent's or guardian's
educational rights shall be addressed pursuant to Section 361.
SEC. 244. Section 4094 of the Welfare and Institutions Code is
amended to read:
4094. (a) The State Department of Mental Health shall establish,
by regulations adopted at the earliest possible date, but no later
than December 31, 1994, program standards for any facility licensed
as a community treatment facility. This section shall apply only to
community treatment facilities described in this subdivision.
(b) A certification of compliance issued by the State Department
of Mental Health shall be a condition of licensure for the community
treatment facility by the State Department of Social Services. The
department may, upon the request of a county, delegate the
certification and supervision of a community treatment facility to
the county department of mental health.
(c) The State Department of Mental Health shall adopt regulations
to include, but not be limited to, the following:
(1) Procedures by which the Director of Mental Health shall
certify that a facility requesting licensure as a community treatment
facility pursuant to Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code is in compliance with
program standards established pursuant to this section.
(2) Procedures by which the Director of Mental Health shall deny a
certification to a facility or decertify a facility that is licensed
as a community treatment facility pursuant to Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code, but
no longer complying with program standards established pursuant to
this section, in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) Provisions for site visits by the State Department of Mental
Health for the purpose of reviewing a facility's compliance with
program standards established pursuant to this section.
(4) Provisions for the community care licensing staff of the State
Department of Social Services to report to the State Department of
Mental Health when there is reasonable cause to believe that a
community treatment facility is not in compliance with program
standards established pursuant to this section.
(5) Provisions for the State Department of Mental Health to
provide consultation and documentation to the State Department of
Social Services in any administrative proceeding regarding denial,
suspension, or revocation of a community treatment facility license.
(d) The standards adopted by regulations pursuant to subdivision
(a) shall include, but not be limited to, standards for treatment,
staffing, and for the use of psychotropic medication, discipline, and
restraints in the facilities. The standards shall also meet the
requirements of Section 4094.5.
(e) (1) Until January 1, 2010, all of the following are
applicable:
(A) A community treatment facility shall not be required by the
State Department of Mental Health to have 24-hour onsite licensed
nursing staff, but shall retain at least one full-time, or
full-time-equivalent, registered nurse onsite if both of the
following are applicable:
(i) The facility does not use mechanical restraint.
(ii) The facility only admits children who have been assessed, at
the point of admission, by a licensed primary care provider and a
licensed psychiatrist, who have concluded, with respect to each
child, that the child does not require medical services that require
24-hour nursing coverage. For purposes of this section, a "primary
care provider" includes a person defined in Section 14254, or a nurse
practitioner who has the responsibility for providing initial and
primary care to patients, for maintaining the continuity of care, and
for initiating referral for specialist care.
(B) Other medical or nursing staff shall be available on call to
provide appropriate services, when necessary, within one hour.
(C) All direct care staff shall be trained in first aid and
cardiopulmonary resuscitation, and in emergency intervention
techniques and methods approved by the Community Care Licensing
Division of the State Department of Social Services.
(2) The State Department of Mental Health may adopt emergency
regulations as necessary to implement this subdivision. The adoption
of these regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. The regulations shall be exempt from
review by the Office of Administrative Law and shall become effective
immediately upon filing with the Secretary of State. The regulations
shall not remain in effect more than 180 days unless the adopting
agency complies with all the provisions of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, as required by subdivision (e) of Section 11346.1 of
the Government Code.
(f) During the initial public comment period for the adoption of
the regulations required by this section, the community care facility
licensing regulations proposed by the State Department of Social
Services and the program standards proposed by the State Department
of Mental Health shall be presented simultaneously.
(g) A minor shall be admitted to a community treatment facility
only if the requirements of Section 4094.5 and either of the
following conditions are met:
(1) The minor is within the jurisdiction of the juvenile court,
and has made voluntary application for mental health services
pursuant to Section 6552.
(2) Informed consent is given by a parent, guardian, conservator,
or other person having custody of the minor.
(h) Any minor admitted to a community treatment facility shall
have the same due process rights afforded to a minor who may be
admitted to a state hospital, pursuant to the holding in In re Roger
S. (1977) 19 Cal.3d 921. Minors who are wards or dependents of the
court and to whom this subdivision applies shall be afforded due
process in accordance with Section 6552 and related case law,
including In re Michael E. (1975) 15 Cal.3d 183. Regulations adopted
pursuant to Section 4094 shall specify the procedures for ensuring
these rights, including provisions for notification of rights and the
time and place of hearings.
(i) Notwithstanding Section 13340 of the Government Code, the sum
of forty-five thousand dollars ($45,000) is hereby appropriated
annually from the General Fund to the State Department of Mental
Health for one personnel year to carry out the provisions of this
section.
SEC. 245. Section 9103 of the Welfare and Institutions Code is
amended to read:
9103. The Legislature finds and declares all of the following:
(a) Recent studies have shown that lifelong experiences of
marginalization place lesbian, gay, bisexual, and transgender (LGBT)
seniors at high risk for isolation, poverty, homelessness, and
premature institutionalization. Moreover, many LGBT seniors are
members of multiple underrepresented groups, and as a result, are
doubly marginalized. Due to these factors, many LGBT seniors avoid
accessing elder programs and services, even when their health,
safety, and security depend on it.
(b) LGBT seniors often lack social and family support networks
available to non-LGBT seniors. They may face particular health risks,
as disease prevention strategies often ignore LGBT seniors, and HIV
and AIDS drug trials generally do not include older participants.
(c) LGBT seniors are denied many vital financial benefits provided
to heterosexual married couples. For example, surviving same-sex
partners are denied the social security benefits that married couples
are provided, and may face heavy taxes on the transfer of assets
upon the death of a partner. Moreover, even under California law,
LGBT seniors are denied equal long-term care insurance protections.
This costs LGBT seniors hundreds of millions of dollars each year in
lost benefits.
(d) The number of people 65 years of age and older in California
is estimated to double to 6.5 million by the year 2020, thereby
increasing the number of LGBT seniors who are receiving inadequate
services.
(e) Ensuring that the needs of LGBT seniors as well as other
underrepresented groups are adequately assessed during the planning
and development of programs and services will increase access to the
programs administered by the California Department of Aging and the
area agencies on aging.
(f) California leads the nation in the protections it affords to
LGBT persons. As the failure to meet the needs of LGBT seniors is a
problem of national scope, including LGBT seniors and other
underrepresented groups in need of assessment and area plan process
will help the state to be a model for change in other states and at
the federal level.
SEC. 246. Section 11155.6 of the Welfare and Institutions Code is
amended to read:
11155.6. (a) (1) The principal and interest in a 401(k) plan, 403
(b) plan, IRA, 457 plan, 529 college savings plan, or Coverdell ESA,
shall be excluded from consideration as property when redetermining
eligibility and the amount of assistance for recipients of CalWORKs
benefits.
(2) The principal and interest in a 401(k) plan, 403(b) plan, IRA,
457 plan, 529 plan college savings plan, or Coverdell ESA, shall not
be excluded from consideration as property when determining
eligibility and the amount of assistance only with respect to an
applicant for benefits who is not a recipient of CalWORKs benefits.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "401(k) plan" means a deferred compensation plan that
satisfies the requirements of Section 401(k) of the Internal Revenue
Code.
(2) "403(b) plan" means a qualified annuity plan that satisfies
the requirements of Section 403(b) of the Internal Revenue Code.
(3) "IRA" means an individual retirement account that satisfies
the requirements of Section 408 of the Internal Revenue Code.
(4) "457 plan" means a deferred compensation plan that satisfies
the requirements of Section 457 of the Internal Revenue Code.
(5) "529 college savings plan" means a qualified tuition program
that satisfies the requirements of Section 529 of the Internal
Revenue Code.
(6) "Coverdell ESA" means an education savings account that
satisfies the requirements of Section 530 of the Internal Revenue
Code.
SEC. 247. Section 14107.2 of the Welfare and Institutions Code is
amended to read:
14107.2. (a) Any person who solicits or receives any
remuneration, including, but not restricted to, any kickback, bribe,
or rebate, directly or indirectly, overtly or covertly, in cash or in
valuable consideration of any kind either:
(1) In return for the referral, or promised referral, of any
individual to a person for the furnishing or arranging for the
furnishing of any service or merchandise for which payment may be
made in whole or in part under this chapter or Chapter 8 (commencing
with Section 14200); or
(2) In return for the purchasing, leasing, ordering, or arranging
for or recommending the purchasing, leasing, or ordering of any
goods, facility, service or merchandise for which payment may be
made, in whole or in part, under this chapter or Chapter 8
(commencing with Section 14200), is punishable upon a first
conviction by imprisonment in a county jail for not longer than one
year or state prison, or by a fine not exceeding ten thousand dollars
($10,000), or by both that imprisonment and fine. A second or
subsequent conviction shall be punishable by imprisonment in the
state prison.
(b) Any person who offers or pays any remuneration, including, but
not restricted to, any kickback, bribe, or rebate, directly or
indirectly, overtly or covertly, in cash or in valuable consideration
of any kind either:
(1) To refer any individual to a person for the furnishing or
arranging for furnishing of any service or merchandise for which
payment may be made, in whole or in part, under this chapter or
Chapter 8 (commencing with Section 14200); or
(2) To purchase, lease, order, or arrange for or recommend the
purchasing, leasing, or ordering of any goods, facility, service, or
merchandise for which payment may be made in whole or in part under
this chapter or Chapter 8 (commencing with Section 14200), is
punishable upon a first conviction by imprisonment in a county jail
for not longer than one year or state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. A second or subsequent conviction shall be
punishable by imprisonment in the state prison.
(c) Subdivisions (a) and (b) shall not apply to the following:
(1) Any amount paid by an employer to an employee, who has a bona
fide employment relationship with that employer, for employment with
provision of covered items or services.
(2) A discount or other reduction in price obtained by a provider
of services or other entity under this chapter or Chapter 8
(commencing with Section 14200), if the reduction in price is
properly disclosed and reflected in the costs claimed or charges made
by the provider or entity under this chapter or Chapter 8
(commencing with Section 14200). This paragraph shall not apply to
consultant pharmaceutical services rendered to nursing facilities nor
to all categories of intermediate care facilities for the
developmentally disabled.
(3) The practices or transactions between a federally qualified
health center, as defined in Section 1396d(l)(2)(B) of Title 42 of
the United States Code, and any individual or entity shall be
permitted only to the extent sanctioned or permitted by federal law.
(d) For purposes of this section, "kickback" means a rebate or
anything of value or advantage, present or prospective, or any
promise or undertaking to give any rebate or thing of value or
advantage, with a corrupt intent to unlawfully influence the person
to whom it is given in actions undertaken by that person in his or
her public, professional, or official capacity.
(e) The enforcement remedies provided under this section are not
exclusive and shall not preclude the use of any other criminal or
civil remedy.
SEC. 248. Section 14115 of the Welfare and Institutions Code is
amended to read:
14115. (a) Bills for service under this chapter shall be
submitted not more than six months after the month in which the
service is rendered, and shall be in the form prescribed by the
director, except that in the event the patient does not identify
himself or herself to the provider as a Medi-Cal beneficiary within
four months after the month in which the service was rendered, the
provider shall be entitled to submit his or her statement at any time
within 60 days after that date certified by the provider as the date
the patient was first identified as a Medi-Cal beneficiary. However,
the date certified by the provider as the date the patient was first
so identified shall not be later than one year after the month in
which the service was rendered. Whenever a provider has submitted a
claim to a liable third party, the provider shall have one year after
the month in which the service is rendered for submission of the
bill. Whenever a legal proceeding has been commenced with either an
administrative or judicial tribunal concerning a bill for which the
provider is attempting to obtain payment from a liable third party,
the provider shall have one year in which to submit the bill after
the month in which the services have been rendered. A copy of the
pleadings shall be conclusively presumed to be sufficient evidence of
commencement of a legal proceeding.
(b) The director may, where he or she finds that delay in the
submission of bills was caused by circumstances beyond the control of
the provider, extend the period for submission of bills for a period
not to exceed one year.
(c) (1) Reimbursement for an original claim, submitted for payment
between 6 and 12 months after the month of service, that does not
meet any of the exceptions allowing billing after six months as
specified in subdivisions (a) and (b), or the exception specified in
subdivision (f), shall be reduced as follows:
(A) The amount otherwise payable by Medi-Cal shall be reduced by
25 percent for claims submitted during the seventh through the ninth
month after the month of service.
(B) The amount otherwise payable by Medi-Cal shall be reduced by
50 percent for claims submitted during the 10th through the 12th
month after the month of service.
(2) The director may establish exceptions through regulations, for
claims submitted beyond the one-year billing limitation, to the
extent full federal participation is available.
(3) The reductions specified in paragraph (1) shall not apply to a
Medi-Cal program for which there is no state General Fund match,
including, but not limited to, the Local Educational Agency (LEA)
Medi-Cal Billing Option program and the Targeted Case Management
(TCM) program.
(d) For the purposes of this section, identification of a patient
as a Medi-Cal beneficiary shall mean presentation to the provider of
the patient's Medi-Cal card.
(e) No further followup shall be required, after the provider
receives acknowledgment of a claim inquiry from the fiscal
intermediary, until the claim is paid or denied, except that this
period shall not exceed one year from the date of acknowledgment.
Within one year from the date of acknowledgment the next level of
appeal shall be utilized by the provider.
(f) To the extent permitted by federal law, when a state of
emergency has been declared by either the President of the United
States or the Governor, the director, in order to ensure continued
access to health care services, may remit payment for services
without the submission of required documentation, to any provider in
good standing under the Medi-Cal program who, due to destruction,
loss, or inaccessibility of data as a result of the emergency
situation, is unable to submit claims. Emergency payments may be made
for a period of up to six months from the date of the emergency
declaration. All requests for emergency payment shall include
adequate justification for payment, as required by the director, and
shall be paid based on
the previous claims history of the requesting provider held by the
department.
SEC. 249. Section 14123.05 of the Welfare and Institutions Code is
amended to read:
14123.05. The department shall develop, in consultation with
provider representatives, including, but not limited to, physician,
pharmacy, and medical supplies providers, a process that enables a
provider to meet and confer with the appropriate department officials
within 30 days after the issuance of a letter notifying the provider
of a temporary withhold of payments, pursuant to Section 14107.11,
or a temporary suspension, pursuant to subdivision (a) of Section
14043.36, for the purpose of presenting and discussing information
and evidence that may impact the department's decision to modify or
terminate the sanction.
SEC. 250. Section 14166.18 of the Welfare and Institutions Code is
amended to read:
14166.18. (a) With respect to each project year, the director
shall determine a baseline funding amount for each nondesignated
public hospital that was an eligible hospital under paragraph (3) of
subdivision (a) of Section 14105.98 for both the 2004-05 fiscal year
and the project year. A hospital's baseline funding amount shall be
an amount equal to the total amount paid to the hospital for
inpatient hospital services rendered to Medi-Cal beneficiaries during
the 2004-05 fiscal year, including the following Medi-Cal payments,
but excluding payments received under the Medi-Cal Specialty Mental
Health Services Consolidation Program:
(1) Base payments under the selective provider contracting program
as provided for under Article 2.6 (commencing with Section 14081) or
the Medi-Cal state plan cost reimbursement system for inpatient
hospital services for noncontracting hospitals.
(2) Emergency Services and Supplemental Payments Fund payments as
provided for under Section 14085.6.
(3) Medi-Cal Medical Education Supplemental Payment Fund payments
and Large Teaching Emphasis Hospital and Children's Hospital Medi-Cal
Medical Education Supplemental Payment Fund payments as provided for
under Sections 14085.7 and 14085.8, respectively.
(4) Small and Rural Hospital Supplemental Payments Fund payments
as provided for under Section 14085.9.
(5) Disproportionate share hospital payment adjustments as
provided for under Section 14105.98.
(6) Administrative day payments as provided for under Section
51542 of Title 22 of the California Code of Regulations.
(b) The baseline funding amount for each nondesignated public
hospital shall reflect a reduction for the total amount of
intergovernmental transfers made pursuant to Sections 14085.6,
14085.7, 14085.8, 14085.9, and 14163 for the 2004-05 state fiscal
year by the nondesignated public hospital, or on its behalf by the
governmental entity with which it is affiliated.
(c) The aggregate nondesignated public hospital baseline funding
amount shall be the sum of all baseline funding amounts determined
under subdivision (a), as adjusted by subdivision (b).
(d) With respect to each project year beginning after the 2005-06
project year, an aggregate nondesignated public hospital adjusted
baseline funding amount shall be determined as follows:
(1) The department shall determine the aggregate total Medi-Cal
revenue, using amounts determined under subdivision (a), as adjusted
by subdivision (b), but excluding the reductions for the amount of
intergovernmental transfers made pursuant to Section 14163, with
respect to inpatient hospital services rendered during the 2004-05
fiscal year, for nondesignated public hospitals that were eligible
hospitals under paragraph (3) of subdivision (a) of Section 14105.98
for the project year, less the total amount of disproportionate share
hospital payments identified in paragraph (5) of subdivision (a) for
those hospitals.
(2) The department shall determine the aggregate total Medi-Cal
revenue paid or payable for inpatient hospital services rendered
during the fiscal year preceding the project year for which the
nondesignated public hospital adjusted baseline funding amount is
being calculated for the nondesignated public hospitals described in
paragraph (1). The aggregate total revenue for services rendered in
the particular preceding fiscal year shall include the payments that
are described under paragraphs (1) and (6) of subdivision (a), and
all other payments made to nondesignated public hospitals under this
article, excluding disproportionate share hospital payments pursuant
to Section 14166.16, stabilization funding pursuant to Section
14166.19, and distressed hospital funding pursuant to Section
14166.23 and paragraph (3) of subdivision (b) of Section 14166.20.
(3) The department shall:
(A) Calculate the difference between the amount determined under
paragraph (1) and the amount determined under paragraph (2).
(B) Determine the percentage increase or decrease by dividing the
difference in subparagraph (A) by the amount in paragraph (1).
(C) Apply the percentage determined in subparagraph (B) to the
amount that results from both of the following:
(i) Aggregating the nondesignated public hospital baseline funding
amounts determined under subdivision (a), as adjusted by subdivision
(b), but excluding the reductions for the amount of
intergovernmental transfers made pursuant to Section 14163.
(ii) Subtracting from the amount in clause (i) the total amount of
disproportionate share hospital payments in paragraph (5) of
subdivision (a) for those hospitals.
(D) The aggregate nondesignated public hospital adjusted baseline
funding amount is the amount determined in subdivision (c), plus the
resulting product determined in subparagraph (C).
SEC. 251. Section 16540 of the Welfare and Institutions Code is
amended to read:
16540. The California Child Welfare Council is hereby
established, which shall serve as an advisory body responsible for
improving the collaboration and processes of the multiple agencies
and the courts that serve the children and youth in the child welfare
and foster care systems. The council shall monitor and report the
extent to which child welfare and foster care programs and the courts
are responsive to the needs of children in their joint care. The
council shall issue advisory reports whenever it deems appropriate,
but in any event, no less frequently than annually, to the Governor,
the Legislature, the Judicial Council, and the public. A report of
the Child Welfare Council shall, at a minimum, include
recommendations for all of the following:
(a) Ensuring that all state child welfare, foster care, and
judicial funding and services for children, youth, and families is,
to the greatest extent possible, coordinated to eliminate
fragmentation and duplication of services provided to children or
families who would benefit from integrated multiagency services.
(b) Increasing the quality, appropriateness, and effectiveness of
program services and judicial processes delivered to children, youth,
and families who would benefit from integrated multiagency services
to achieve better outcomes for these children, youth, and families.
(c) Promoting consistent program and judicial excellence across
counties to the greatest extent possible while recognizing the
demographic, geographic, and financial differences among the
counties.
(d) Increasing collaboration and coordination between county
agencies, state agencies, federal agencies, and the courts.
(e) Ensuring that all state Title IV-E plans, program improvement
plans, and court improvement plans demonstrate effective
collaboration between public agencies and the courts.
(f) Assisting the Secretary of California Health and Human
Services and the chief justice in formulating policies for the
effective administration of the child welfare and foster care
programs and judicial processes.
(g) Modifying program practices and court processes, rate
structures, and other system changes needed to promote and support
relative caregivers, family foster parents, therapeutic placements,
and other placements for children who cannot remain in the family
home.
(h) Developing data- and information-sharing agreements and
protocols for the exchange of aggregate data across program and court
systems that are providing services to children and families in the
child welfare system. These data-sharing agreements shall allow child
welfare agencies and the courts to access data concerning the
health, mental health, special education, and educational status and
progress of children served by county child welfare systems subject
to state and federal confidentiality laws and regulations. They shall
be developed in tandem with the establishment of judicial case
management systems as well as additional or enhanced performance
measures described in subdivision (b) of Section 16544.
(i) Developing systematic methods for obtaining policy
recommendations from foster youth about the effectiveness and quality
of program services and judicial processes, and ensuring that the
interests of foster youth are adequately addressed in all policy
development.
(j) Implementing legislative enactments in the child welfare and
foster care programs and the courts, and reporting to the Legislature
on the timeliness and consistency of the implementation.
(k) Monitoring the adequacy of resources necessary for the
implementation of existing programs and court processes, and the
prioritization of program and judicial responsibilities.
(l) Strengthening and increasing the independence and authority of
the foster care ombudsperson.
(m) Coordinating available services for former foster youth and
improving outreach efforts to those youth and their families.
SEC. 252. Section 16541.5 of the Welfare and Institutions Code is
amended to read:
16541.5. The council shall meet no less frequently than each
quarter of the state fiscal year and at the call of the cochairs, at
a time and location convenient to the public as it may deem
appropriate. All meetings of the council shall be open to the public.
Members shall serve without compensation, with the exception of
foster youth members, who shall be entitled to reimbursement for all
actual and necessary expenses incurred in the performance of their
duties.
SEC. 253. Section 16542 of the Welfare and Institutions Code is
amended to read:
16542. The cochairs may appoint committees composed of council
members, experts in specialized fields, foster youth, program
stakeholders, state and county child welfare and foster care staff,
child advocacy organizations, members of the judiciary, foster care
public health nurses, or any combination thereof, to advise the
council on any functions of the council and the services provided
through the child welfare and foster care programs and the courts.
Members of these committees shall receive no compensation from the
state for their services, with the exception of foster youth members,
who shall be entitled to reimbursement for all actual and necessary
expenses incurred in the performance of their duties. The committees
may assemble information and make recommendations to the council, but
shall not exercise any of the powers vested in the council. The
council may seek input from groups and individuals as it deems
appropriate, including, but not limited to, advisory committees, the
judiciary and child welfare and foster care program stakeholders.
SEC. 254. Section 16545 of the Welfare and Institutions Code is
amended to read:
16545. By April 1, 2008, the Judicial Council shall adopt,
through rules of court, performance measures designed to complement
and promote those measures specified in Section 16544 so that courts
are able to measure their performance and track their own progress in
improving safety, permanency, timeliness, and well-being of children
and to inform decisions about the allocation of court resources. In
adopting performance measures, the Judicial Council shall consult
with the council and the secretary. The performance measures shall be
based on data that is available from current or planned data
collection processes and to the greatest extent possible, shall
ensure uniformity of data reporting.
SEC. 255. Section 16809 of the Welfare and Institutions Code is
amended to read:
16809. (a) (1) The board of supervisors of a county that
contracted with the department pursuant to Section 16709 during the
1990-91 fiscal year and any county with a population under 300,000,
as determined in accordance with the 1990 decennial census, by
adopting a resolution to that effect, may elect to participate in the
County Medical Services Program. The governing board shall have
responsibilities for specified health services to county residents
certified eligible for those services by the county.
(2) The board of supervisors of a county that has contracted with
the governing board pursuant to paragraph (1) may also contract with
the governing board for the delivery of health care and
health-related services to county residents other than under the
County Medical Services Program by adopting a resolution to that
effect. The governing board shall have responsibilities for the
delivery of specified health services to county residents as agreed
upon by the governing board and the county. Participation by a county
pursuant to this paragraph shall be voluntary, and funds shall be
provided solely by the county.
(b) The governing board may contract with the department or any
other person or entity to administer the County Medical Services
Program.
(1) If the governing board contracts with the department to
administer the County Medical Services Program, that contract shall
include, but need not be limited to, all of the following:
(A) Provisions for the payment to participating counties for
making eligibility determinations as determined by the governing
board.
(B) Provisions for payment of expenses of the governing board.
(C) Provisions relating to the flow of funds from counties'
vehicle license fees, sales taxes, and participation fees and the
procedures to be followed if a county does not pay those funds to the
program.
(D) Those provisions, as applicable, contained in the 1993-94
fiscal year contract with counties under the County Medical Services
Program.
(E) Provisions for the department to administer the County Medical
Services Program pursuant to regulations adopted by the governing
board or as otherwise determined by the governing board.
(F) Provisions requiring that the governing board reimburse the
state costs of providing administrative support to the County Medical
Services Program in accordance with amounts determined between the
governing board and the department.
(2) If the governing board does not contract with the department
for administration of the County Medical Services Program, the
governing board may contract with the department for specified
services to assist in the administration of that program. Any
contract with the department under this paragraph shall require that
the governing board reimburse the state costs of providing
administrative support.
(3) The department shall not be liable for any costs related to
decisions of the governing board that are in excess of those set
forth in the contract between the department and the governing board.
(c) Each county intending to participate in the County Medical
Services Program pursuant to this section shall submit to the
governing board a notice of intent to contract adopted by the board
of supervisors no later than April 1 of the fiscal year preceding the
fiscal year in which the county will participate in the County
Medical Services Program.
(d) A county participating in the County Medical Services Program
pursuant to this section, or a county contracting with the governing
board pursuant to paragraph (2) or (3) of subdivision (a), or
participating in a pilot project or contracting with the governing
board for an alternative product pursuant to Section 16809.4, shall
not be relieved of its indigent health care obligation under Section
17000.
(e) (1) The County Medical Services Program Account is established
in the County Health Services Fund. The County Medical Services
Program Account is continuously appropriated, notwithstanding Section
13340 of the Government Code, without regard to fiscal years. The
following amounts may be deposited in the account:
(A) Any interest earned upon money deposited in the account.
(B) Moneys provided by participating counties or appropriated by
the Legislature to the account.
(C) Moneys loaned pursuant to subdivision (n).
(2) The methods and procedures used to deposit funds into the
account shall be consistent with the methods used by the program
during the 1993-94 fiscal year, unless otherwise determined by the
governing board.
(f) Moneys in the program account shall be used by the governing
board, or by the department if the department contracts with the
governing board for this purpose, to pay for health care services
provided to the persons meeting the eligibility criteria established
pursuant to subdivision (j) and to pay the governing board expenses
and program administrative costs. In addition, moneys in this account
may be used to reimburse the department for state costs pursuant to
subparagraph (F) of paragraph (1) of subdivision (b).
(g) (1) Moneys in this account shall be administered on an accrual
basis and notwithstanding any other provision of law, except as
provided in this section, shall not be transferred to any other fund
or account in the State Treasury except for purposes of investment as
provided in Article 4 (commencing with Section 16470) of Chapter 3
of Part 2 of Division 4 of Title 2 of the Government Code.
(2) (A) All interest or other increment resulting from the
investment shall be deposited in the program account, notwithstanding
Section 16305.7 of the Government Code.
(B) All interest deposited pursuant to subparagraph (A) shall be
available to reimburse program-covered services, governing board
expenses, and program administrative costs.
(h) The governing board shall establish a reserve account for the
purpose of depositing funds for the payment of claims and unexpected
contingencies. Funds in the reserve account in excess of the amounts
the governing board determines necessary for these purposes shall be
available for expenditures in years when program expenditures exceed
program funds, and to augment the rates, benefits, or eligibility
criteria under the program.
(i) (1) Counties shall pay participation fees as established by
the governing board and their jurisdictional risk amount in a method
that is consistent with that established in the 1993-94 fiscal year.
(2) A county may request, due to financial hardship, that the
payments under paragraph (1) be delayed. The request shall be subject
to approval by the governing board.
(3) Payments made pursuant to this subdivision shall be deposited
in the program account, unless otherwise directed by the governing
board.
(4) Payments may be made as part of the deposits authorized by the
county pursuant to Sections 17603.05 and 17604.05.
(j) (1) (A) Beginning in the 1992-93 fiscal year and for each
fiscal year thereafter, counties and the state shall share the risk
for cost increases of the County Medical Services Program not funded
through other sources. The state shall be at risk for any cost that
exceeds the cumulative annual growth in dedicated sales tax and
vehicle license fee revenue, up to the amount of twenty million two
hundred thirty-seven thousand four hundred sixty dollars
($20,237,460) per fiscal year, except for the 1999-2000, 2000-01,
2001-02, 2002-03, 2003-04, 2004-05, 2005-06, and 2006-07 fiscal
years. Counties shall be at risk up to the cumulative annual growth
in the Local Revenue Fund created by Section 17600, according to the
table specified in paragraph (2), to the County Medical Services
Program, plus the additional cost increases in excess of twenty
million two hundred thirty-seven thousand four hundred sixty dollars
($20,237,460) per fiscal year, except for the 1999-2000, 2000-01,
2001-02, 2002-03, 2003-04, 2004-05, 2005-06, and 2006-07 fiscal
years.
(B) For the 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04,
2004-05, 2005-06, and 2006-07 fiscal years, the state shall not be at
risk for any cost that exceeds the cumulative annual growth in
dedicated sales tax and vehicle license fee revenue. Counties shall
be at risk up to the cumulative annual growth in the Local Revenue
Fund created by Section 17600, according to the table specified in
paragraph (2), to the County Medical Services Program, plus any
additional cost increases for the 1999-2000, 2000-01, 2001-02,
2002-03, 2003-04, 2004-05, 2005-06, and 2006-07 fiscal years.
(C) (i) The governing board shall establish uniform eligibility
criteria and benefits among all counties participating in the County
Medical Services Program listed in paragraph (2). For counties that
are not listed in paragraph (2) and that elect to participate
pursuant to paragraph (1) of subdivision (a), the eligibility
criteria and benefit structure may vary from those of counties
participating pursuant to paragraph (2) of subdivision (a).
(ii) Notwithstanding clause (i), the governing board may establish
and maintain pilot projects to identify or test alternative
approaches for determining eligibility or for providing or paying for
benefits under the County Medical Services Program, and may develop
and implement alternative products with varying levels of eligibility
criteria and benefits outside of the County Medical Services
Program.
(2) For the 1991-92 fiscal year, and each year thereafter,
jurisdictional risk limitations shall be as follows:
Jurisdiction Amount
Alpine.......................... $ 13,150
Amador.......................... 620,264
Butte........................... 5,950,593
Calaveras....................... 913,959
Colusa.......................... 799,988
Del Norte....................... 781,358
El Dorado....................... 3,535,288
Glenn........................... 787,933
Humboldt........................ 6,883,182
Imperial........................ 6,394,422
Inyo............................ 1,100,257
Kings........................... 2,832,833
Lake............................ 1,022,963
Lassen.......................... 687,113
Madera.......................... 2,882,147
Marin........................... 7,725,909
Mariposa........................ 435,062
Mendocino....................... 1,654,999
Modoc........................... 469,034
Mono............................ 369,309
Napa............................ 3,062,967
Nevada.......................... 1,860,793
Plumas.......................... 905,192
San Benito...................... 1,086,011
Shasta.......................... 5,361,013
Sierra.......................... 135,888
Siskiyou........................ 1,372,034
Solano.......................... 6,871,127
Sonoma.......................... 13,183,359
Sutter.......................... 2,996,118
Tehama.......................... 1,912,299
Trinity......................... 611,497
Tuolumne........................ 1,455,320
Yuba............................ 2,395,580
(3) Beginning in the 1991-92 fiscal year and in subsequent fiscal
years, the jurisdictional risk limitation for the counties that did
not contract with the department pursuant to Section 16709 during the
1990-91 fiscal year shall be the amount specified in subparagraph
(A) plus the amount determined pursuant to subparagraph (B), minus
the amount specified by the governing board as participation fees.
(A)
Jurisdiction Amount
Merced.......................... $2,033,729
Placer.......................... 1,338,330
San Luis Obispo................. 2,000,491
Santa Cruz...................... 3,037,783
Yolo............................ 1,475,620
(B) The amount of funds necessary to fully fund the anticipated
costs for the county shall be determined by the governing board
before a county is permitted to participate in the County Medical
Services Program.
(4) The specific amounts and method of apportioning risk to each
participating county may be adjusted by the governing board.
(k) The Legislature hereby determines that an expedited contract
process for contracts under this section is necessary. Contracts
under this section shall be exempt from Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code. Contracts
of the department pursuant to this section shall have no force or
effect unless they are approved by the Department of Finance.
(l) The state shall not incur any liability except as specified in
this section.
(m) Third-party recoveries for services provided under this
section may be pursued.
(n) The Department of Finance may authorize a loan of up to thirty
million dollars ($30,000,000) for deposit into the program account
to ensure that there are sufficient funds available to reimburse
providers and counties pursuant to this section.
(o) Moneys appropriated from the General Fund to meet the state
risk, as set forth in subparagraph (A) of paragraph (1) of
subdivision (j), shall not be available for those counties electing
to disenroll from the County Medical Services Program.
SEC. 256. Section 16809.3 of the Welfare and Institutions Code is
amended to read:
16809.3. (a) Beginning in the 1991-92 fiscal year, and in
subsequent fiscal years, a county shall pay the amount listed below
or as established by the governing board pursuant to subparagraph (B)
of paragraph (1) of subdivision (e) of Section 16809.4, to the
governing board as a condition of participation in the County Medical
Services Program administered pursuant to Section 16809:
Jurisdiction Amount
Alpine............................. $ 661
Amador............................. 17,107
Butte.............................. 459,610
Calaveras.......................... 30,401
Colusa............................. 28,997
Del Norte.......................... 39,424
El Dorado.......................... 233,492
Glenn.............................. 33,989
Humboldt........................... 430,851
Imperial........................... 249,786
Inyo............................... 18,950
Kings.............................. 195,053
Lake............................... 150,278
Lassen............................. 17,206
Madera............................. 151,434
Marin.............................. 576,233
Mariposa........................... 5,649
Mendocino.......................... 247,578
Modoc.............................. 9,688
Mono............................... 25,469
Napa............................... 142,767
Nevada............................. 42,051
Plumas............................. 23,796
San Benito......................... 37,018
Shasta............................. 294,369
Sierra............................. 6,183
Siskiyou........................... 48,956
Solano............................. 809,548
Sonoma............................. 718,947
Sutter............................. 188,781
Tehama............................. 79,950
Trinity............................ 8,319
Tuolumne........................... 34,947
Yuba............................... 101,907
(b) Beginning in the 1991-92 fiscal year and in subsequent fiscal
years, counties that did not contract with the department pursuant to
Section 16709 during the 1990-91 fiscal year shall pay the following
amount listed below or as established by the governing board
pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of
Section 16809.4, to the governing board as a condition of
participation in the County Medical Services Program, administered
pursuant to Section 16809:
Jurisdiction Amount
Merced............................ $488,954
Placer............................ 247,193
San Luis Obispo................... 358,571
Santa Cruz........................ 678,868
Yolo.............................. 532,510
(c) (1) County amounts specified in subdivisions (a) and (b) shall
be paid to the governing board in 12 equal monthly payments or as
otherwise specified by the governing board. Subject to paragraphs (2)
and (3), a county that does not pay the amounts specified in
subdivision (a) or (b) may be terminated from participation in the
program.
(2) A county may request, due to financial hardship, that payments
specified under subdivisions (a) and (b) be delayed. The request
shall be subject to the approval of the governing board.
(3) For the 1991-92 fiscal year and subsequent fiscal years,
counties that enter the County Medical Services Program shall pay the
amount specified in subdivision (a) or (b), as applicable, on a
prorated basis, for the number of contracted months of participation
in the County Medical Services Program.
(d) The payments required by subdivision (c) shall not be paid for
with funds from the health account of the local health and welfare
trust fund established pursuant to Section 17600.10.
SEC. 257. Section 18309 of the Welfare and Institutions Code is
amended to read:
18309. (a) The Alameda County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.10 of the Government Code
and Section 103627 of the Health and Safety Code into a special fund.
The county may retain up to 4 percent of the fund for administrative
costs associated with the collection and segregation of the
additional fees and the deposit of these fees into the special fund.
Proceeds from the fund shall be used for governmental oversight and
coordination of domestic violence and family violence prevention,
intervention, and prosecution efforts among the court system, the
district attorney's office, the public defender's office, law
enforcement, the probation department, mental health, substance
abuse, child welfare services, adult protective services, and
community-based organizations and other agencies working in Alameda
County in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(b) The City Council of the City of Berkeley shall direct the
local registrar to deposit fees collected pursuant to Section 103627
of the Health and Safety Code into a special fund. The city may
retain up to 4 percent of the fund for administrative costs
associated with the collection and segregation of the additional fees
and the deposit of these fees into the special fund. Proceeds from
the fund shall be used for governmental oversight and coordination of
domestic violence and family violence prevention and intervention
efforts, including law enforcement, mental health, public health,
substance abuse, victim advocacy, community education, and housing,
in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
SEC. 258. Section 18945 of the Welfare and Institutions Code is
amended to read:
18945. (a) Noncitizen victims of trafficking, domestic violence,
and other serious crimes, as defined in subdivision (b), shall be
eligible for public social services under this division, and health
care services under Part 6.2 (commencing with Section 12693) of
Division 2 of the Insurance Code, to the same extent as individuals
who are admitted to the United States as refugees under Section 1157
of Title 8 of the United States Code. These services shall
discontinue if there is a final administrative denial of a visa
application under Section 1101 (a)(15)(T)(i) or (ii), or Section 1101
(a)(15)(U)(i) or (ii), of Title 8 of the United States Code. For
trafficking victims on behalf of whom law enforcement officials have
not yet filed for continued presence or who have not yet filed an
application for a visa, benefits issued pursuant to this subdivision
shall be available for up to one year, and shall continue after that
date only if an application for continued presence, or an application
for a visa, is filed within the one-year period. Benefits and
services under this subdivision shall be paid from state funds to the
extent federal funding is unavailable.
(b) For purposes of this section, victims of trafficking, domestic
violence, and other serious crimes shall be defined to include both
of the following:
(1) Noncitizen victims of a severe form of trafficking in persons,
who have been subjected to an act or practice described in Section
7102 (8) or (9) of Title 22 of the United States Code or Section
236.1 of the Penal Code, and who have filed an I-914 application for
T Nonimmigrant status with the appropriate federal agency, are
preparing to file an application for status under Section 1101 (a)
(15)(T)(i) or (ii) of Title 8 of the United States Code, or otherwise
are taking steps to meet the conditions for federal benefits
eligibility under Section 7105 of Title 22 of the United States Code.
(2) Individuals who have filed a formal application with the
appropriate federal agency for status under Section 1101 (a)(15)(U)
(i) or (ii) of Title 8 of the United States Code.
(c) After one year from the date of application for public social
services, noncitizen victims of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), shall be ineligible for
state-funded services if a visa application has not been filed until
under Section 1101 (a)(15)(T)(i) or (ii) of Title 8 of the United
States Code.
(d) A noncitizen victim of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), who is issued a visa
shall be removed from the state-funded program and provided federally
funded public social services benefits under the provisions of
Section 1522 of Title 8 of the United States Code, or another federal
program for which the noncitizen victim may be eligible.
(e) For purposes of this section, Section 13283 and Section
14005.2:
(1) In determining whether an applicant for public social services
has been a victim of a severe form of human trafficking, as defined
in Section 7102 (8) or (9) of Title 22 of the United States Code, or
Section 236.1 of the Penal Code, the state or local agency shall
consider all relevant and credible evidence. A sworn statement by a
victim, or a representative if the victim is not able to competently
swear, shall be sufficient if at least one item of additional
evidence is also provided, including, but not limited to, any of the
following:
(A) Police, government agency, or court records or files.
(B) News articles.
(C) Documentation from a social services, trafficking, or domestic
violence program, or a legal, clinical, medical, or other
professional from whom the applicant or recipient has sought
assistance in dealing with the crime.
(D) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(E) Physical evidence.
(F) A copy of a completed visa application.
(G) Written notice from the federal agency of receipt of the visa
application.
(2) If the victim cannot provide additional evidence, then the
sworn statement shall be sufficient if the county or state agency
makes a determination documented in the case file that the applicant
is credible.
SEC. 259. Section 18951 of the Welfare and Institutions Code is
amended to read:
18951. As used in this chapter:
(a) "Child" means an individual under the age of 18 years.
(b) "Child services" means services for or on behalf of children,
and includes the following:
(1) Protective services.
(2) Caretaker services.
(3) Day care services, including dropoff care.
(4) Homemaker services or family aides.
(5) Counseling services.
(c) "Adult services" means services for or on behalf of a parent
of a child, which shall include, but not be limited to, the
following:
(1) Access to voluntary placement, long or short term.
(2) Counseling services before and after a crisis.
(3) Homemaker services or family aides.
(d) "Multidisciplinary personnel" means any team of three or more
persons who are trained in the prevention, identification, and
treatment of child abuse and neglect cases and who are qualified to
provide a broad range of services related to child abuse. The team
may include but not be limited to:
(1) Psychiatrists, psychologists, marriage and family therapists,
or other trained counseling personnel.
(2) Police officers or other law enforcement agents.
(3) Medical personnel with sufficient training to provide health
services.
(4) Social workers with experience or training in child abuse
prevention.
(5) Any public or private school teacher, administrative officer,
supervisor of child welfare and attendance, or certificated pupil
personnel employee.
(e) "Child abuse" as used in this chapter means a situation in
which a child suffers from any one or more of the following:
(1) Serious physical injury inflicted upon the child by other than
accidental means.
(2) Harm by reason of intentional neglect or malnutrition or
sexual abuse.
(3) Going without necessary and basic physical care.
(4) Willful mental injury, negligent treatment, or maltreatment of
a child under the age of 18 years by a person who is responsible for
the child's welfare under circumstances that indicate that the child'
s health or welfare is harmed or threatened thereby, as determined in
accordance with regulations prescribed by the Director of Social
Services.
(5) Any condition that results in the violation of the rights or
physical, mental, or moral welfare of a child or jeopardizes the
child's present or future health, opportunity for normal development
or capacity for independence.
(f) "Parent" means any person who exercises care, custody, and
control of the child as established by law.
SEC. 260. Section 17 of the Orange County Water District Act
(Chapter 924 of the Statutes of 1933), as amended by Chapter 218 of
the Statutes of 2006, is amended to read:
Sec. 17. (a) The board of directors, on or before the first
meeting of the Board of Supervisors of Orange County in August of
each year, shall furnish the Board of Supervisors and the Auditor of
Orange County with an estimate in writing of the amount of money
needed for the initiated or authorized purposes of the district for
the current fiscal year, including the purchase of supplemental water
for the replenishment of groundwater supplies of the district and
amounts necessary for the payment of the principal of, and interest
on, any bonded debt of the district as it becomes due.
(b) (1) The amount of the general assessment levied during any
year, excluding the amounts necessary for the payment of the
principal of, and interest on, any bonded debt of the district, shall
not exceed twenty cents ($0.20) for each one hundred dollars ($100),
or fraction thereof, of assessable property in the district,
excluding personal property, according to the last assessment rolls
of Orange County.
(2) A tax rate in excess of eight cents ($0.08) for each one
hundred dollars ($100), or fraction thereof, of assessable property
in the district, excluding personal property, according to the last
assessment rolls of Orange County, shall not be established unless
authorized by an affirmative vote of eight of the members of the
Board of Directors of the Orange County Water District.
(3) The general assessments provided for in this section shall not
exceed eight cents ($0.08) for each one hundred dollars ($100), or
fraction thereof, of mineral rights, where the mineral rights are
assessed separately from the land.
(4) All funds derived from a general assessment in excess of those
derived from eight cents ($0.08) for each one hundred dollars
($100), or fraction thereof, of assessable property in the district
of any general assessment shall be deposited and applied to the water
reserve fund.
(c) The amounts deposited and applied to the water reserve fund
shall be used solely and exclusively for all of the following
purposes:
(1) The purchase of supplemental water for the replenishment of
the groundwater supplies of the district.
(2) Acquiring, constructing or developing intrusion prevention
projects, spreading grounds or basins, wastewater reclamation and
water salvage projects, canals, conduits, pipelines, wells, or other
works useful or necessary for the purposes of the district and to
carry out the provisions of this section.
(3) Acquiring any real or personal property or rights or privilege
therein useful or necessary for the foregoing projects or works or
for the purposes of the district and to carry out the provisions of
this section.
(d) In addition to the purchase of supplemental water for the
groundwater supplies of the district from the water reserve fund and
from the replenishment fund, the board of directors may purchase
water for the replenishment of the groundwater supplies of the
district from the general fund upon the affirmative vote of at least
eight members of the board of directors.
SEC. 261. Section 1 of Chapter 34 of the Statutes of 2006 is
amended to read:
SECTION 1. (a) The sum of five hundred million dollars
($500,000,000) is hereby appropriated from the General Fund to the
Department of Water Resources for levee evaluation and repair, and
related work, and flood control system improvements.
(b) Notwithstanding any other provision of law, including Chapter
7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code, levee repairs for those critical levee erosion sites
identified under Governor's Executive Order S-01-06 shall be made
with funds appropriated pursuant to this section.
SEC. 262. Section 1 of Chapter 323 of the Statutes of 2006 is
amended to read:
SECTION 1. The Legislature hereby finds and declares each of the
following:
(a) The spread of certain harmful, nonnative species of plants
causes enormous damage to the environment and economy of California.
(b) The destructive impact of invasive and often poisonous noxious
weeds is profound, affecting California's cropland, rangeland,
forests, parks, and wild lands.
(c) Enormous sums of private, state, and federal resources are
lost through decreased land productivity, degradation of wildlife
habitat, and outright destruction of crops, livestock, wetlands,
waterways, watersheds, and recreational areas caused by noxious and
invasive weeds.
(d) The estimated lost crop and forage productivity caused by
invasive and noxious weeds is $33 billion nationwide, a large
proportion of which is attributable to California.
(e) Noxious and invasive weeds have destroyed large portions of
riparian habitat along creeks, streams, rivers, lakes, reservoirs,
and other bodies of freshwater in California, damaging the integrity
of riparian system by altering erosion, sedimentation, flooding, and
fire.
(f) Proper noxious and invasive weed management in riparian
habitats is critical to sustaining California's freshwater supply.
(g) The invasive weed Arundo donax (giant reed) has established
large colonies across the state, most notably in southern California,
where in one 10,000-acre area, the weed has been estimated to have
consumed more than 30,000 acre-feet of water each year, or enough
water to meet the yearly freshwater needs of 150,000 persons. Over
one million dollars ($1,000,000) is spent annually on controlling
Arundo in southern California.
(h) The invasive weed yellow star thistle has infested more than
20,000,000 acres, roughly 22 percent of the state, and is quickly
expanding in the Sierra and into the Coastal Range, making it the
most common invasive plant in California, choking out native plants
and killing horses who eat its poisonous early season growth. Yellow
star thistle consumes extra groundwater estimated to cost sixteen
million dollars ($16,000,000) to seventy-five million dollars
($75,000,000) each year in the Sacramento River watershed alone.
(i) Tamarisk (saltcedar) trees, found along waterways throughout
the arid west, including southern California, are estimated to cost
between $133 billion and $292 billion nationally each year in lost
water, flood control, hydropower, wildlife habitat, and recreation.
(j) California has a noxious weed management program for the
purpose of managing and eradicating noxious weeds through specified
local weed management areas. These programs to prevent, control,
manage, and eradicate nonnative and noxious weeds have emphasized
information sharing, education, and public awareness and
participation as critical to the success of prevention, control, and
eradication efforts.
(k) Local weed management groups have benefited greatly from the
commitment of the state to fund weed eradication, and these weed
management groups have been successful in identifying and eradicating
invasive and noxious weed species in their regions.
(l) The California Noxious and Invasive Weed Action Plan,
September 2005, calls for expanding funding for local weed management
groups.
SEC. 263. Section 1 of Chapter 710 of the Statutes of 2006 is
amended to read:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Tamarisk is a small tree or large shrub that was imported from
Eastern Europe in the 1800s for use as windbreaks and erosion
control.
(b) Tamarisk is spreading across the west, including covering
hundreds of thousands of acres in the Colorado River Basin, almost
entirely along waterways.
(c) Tamarisk easily outcompetes native habitat, such as willows
and cottonwoods, and has very little habitat value compared to native
vegetation.
(d) Because of its delicate and expansive leaf structure, tamarisk
on a per-acre basis takes up and evaporates substantially more water
than native vegetation.
(e) Colorado River flows have been very low for the last six years
because of increasing human uses and very low rainfall, and because
tamarisk is taking up significantly more water than the native
vegetation that it replaces.
(f) If low river flows continue, dwindling reservoir storage will
be insufficient to continue historical levels of diversions and
diversions will have to be curtailed, with substantial impacts to the
economies of the seven states in the Colorado River watershed.
(g) Environmental mitigation and restoration programs, such as the
lower Colorado River Multi-Species Conservation Program and
environmental mitigation measures for the Quantification Settlement
Agreement on the lower Colorado River, may include projects that will
replace invasive exotic vegetation with native vegetation. The state
supports the eradication of invasive species by the Colorado River
Multi-Species Conservation Program and other programs and encourages
cooperation with these programs to increase the available native
wetland and riparian vegetation in the Colorado River watershed.
(h) The state seeks to encourage the federal government, basin
states, and water agencies to develop a program to control or
eradicate tamarisk within each state's jurisdiction.
(i) Controlling tamarisk in the Colorado River watershed entails a
large and costly task, but if it is not undertaken, there will be
significant economic and environmental consequences for California
and the other basin states.
SEC. 264. Any section of any act enacted by the Legislature during
the 2007 calendar year that takes effect on or before January 1,
2008, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered, added,
repealed and added, or repealed by this act, shall prevail over this
act, whether that act is enacted prior to, or subsequent to, the
enactment of this act. The repeal, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2007 calendar year and takes
effect on or before January 1, 2008, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.