BILL NUMBER: AB 2299	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008
	AMENDED IN SENATE  MAY 5, 2008

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 21, 2008

   An act to amend Sections 2293, 3635, 4846.5, 8027, 17539.55,
19513, 19576, 19861, 19870, 21701.1, and 25658.4 of the Business and
Professions Code, to amend Sections 916, 922, 1799.3, and 3344.1 of
the Civil Code, to amend Sections 129, 1033.5, and 2025.560 of the
Code of Civil Procedure, to amend Sections 8971,17002, 18032, 19323,
32255, 49091.10, 52740, 52742, 52743, 56341.1, and 60204 of the
Education Code, to amend Sections 2052, 2053, 9082.5, and 18541 of
the Elections Code, to amend Sections 795, 1118, and 1294 of the
Evidence Code, to amend Sections 3170, 7572, 10005, and 20034 of the
Family Code, to amend Sections 8880.30, 11124.1, 11130, 12811.3,
14999.31, 26202.6, 26206.7, 26206.8, 27491.47, 34090.6, 34090.7,
34090.8, 50028, 53160, 53161, 53162, 54953.5, 54960, and 68151 of the
Government Code, to amend Sections 1569.69, 1736.5, 7158.3, 13220,
13221, 25201.11, 40828, 100171, and 127240 of the Health and Safety
Code, to amend Sections 1758.97 and 2071.1 of the Insurance Code, to
amend Sections 298.1, 599aa, 868.7, 1191.15, 1203.098, and 3043 of
the Penal Code, to amend Section 4423.1 of the Public Resources Code,
to amend Section 1611 of the Revenue and Taxation Code, and to amend
Section 19639 of the Welfare and Institutions Code, relating to the
maintenance of the codes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2299, Silva. Maintenance of the codes.
   Existing law establishes the California Law Revision Commission.
Existing law authorizes the commission to recommend changes in the
law as it deems necessary to modify or eliminate antiquated and
inequitable rules of law and bring the law into harmony with modern
conditions. Existing law requires the commission to file a report at
each regular session of the Legislature containing a calendar of
topics selected by the commission for study, which is subject to
approval by concurrent resolution of the Legislature. Existing law
authorizes the commission to recommend revisions to correct technical
or minor defects in the statutes without the prior concurrent
resolution of the Legislature referring the matter to it for study.
   This bill would make changes to the terms used to describe
recording technology to effectuate the recommendations of the
commission. The bill would make additional technical, nonsubstantive
changes.


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

  SECTION 1.  Section 2293 of the Business and Professions Code is
amended to read:
   2293.  (a) The professional competency examination shall be in the
form of an oral clinical examination to be administered by three
physician examiners selected by the division or its designee, who
shall test for medical knowledge specific to the physician's
specialty or specific suspected deficiency. The examination shall be
audio recorded.
   (b) A failing grade from two of the examiners shall constitute a
failure of an examination. In the event of a failure, the board shall
supply a true and correct copy of the audio recording of the
examination to the unsuccessful examinee.
   (c) Within 45 days following receipt of the audio recording of the
examination, a physician who fails the examination may request a
hearing before the administrative law judge as designated in Section
11371 of the Government Code to determine whether he or she is
entitled to take a second examination.
   (d) If the physician timely requests a hearing concerning the
right to reexamination under subdivision (c), the hearing shall be
held in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code). Upon a finding that the examination or
procedure is unfair or that one or more of the examiners manifest
bias toward the examinee, a reexamination shall be ordered.
   (e) If the examinee fails the examination and is not afforded the
right to reexamination, the division may take action pursuant to
Section 2230 by directing that an accusation be filed charging the
examinee with incompetency under subdivision (d) of Section 2234. The
modes of discipline are set forth in Sections 2227 and 2228.
   (f) Findings and conclusions reported by the examiners may be
received in the administrative hearing on the accusation. The passing
of the examination shall constitute prima facie evidence of present
competence in the area of coverage of the examination.
   (g) Competency examinations shall be conducted under a uniform
examination system, and for that purpose the division may make
arrangements with organizations furnishing examination material as
deemed desirable.
  SEC. 2.  Section 3635 of the Business and Professions Code is
amended to read:
   3635.  (a) In addition to any other qualifications and
requirements for licensure renewal, the bureau shall require the
satisfactory completion of 60 hours of approved continuing education
biennially. This requirement is waived for the initial license
renewal. The continuing education shall meet the following
requirements:
   (1) At least 20 hours shall be in pharmacotherapeutics.
   (2) No more than 15 hours may be in naturopathic medical journals
or osteopathic or allopathic medical journals, or audio or video
recorded presentations, slides, programmed instruction, or
computer-assisted instruction or preceptorships.
   (3) No more than 20 hours may be in any single topic.
   (4) No more than 15 hours of the continuing education requirements
for the specialty certificate in naturopathic childbirth attendance
shall apply to the 60 hours of continuing education requirement.
   (b) The continuing education requirements of this section may be
met through continuing education courses approved by the California
Naturopathic Doctors Association, the American Association of
Naturopathic Physicians, the Medical Board of California, the
California State Board of Pharmacy, the State Board of Chiropractic
Examiners, or other courses approved by the bureau.
  SEC. 3.  Section 4846.5 of the Business and Professions Code is
amended to read:
   4846.5.  (a) Except as provided in this section, the board shall
issue renewal licenses only to those applicants that have completed a
minimum of 36 hours of continuing education in the preceding two
years.
   (b) (1) Notwithstanding any other provision of law, continuing
education hours shall be earned by attending courses relevant to
veterinary medicine and sponsored or cosponsored by any of the
following:
   (A) American Veterinary Medical Association (AVMA) accredited
veterinary medical colleges.
   (B) Accredited colleges or universities offering programs relevant
to veterinary medicine.
   (C) The American Veterinary Medical Association.
   (D) American Veterinary Medical Association recognized specialty
or affiliated allied groups.
   (E) American Veterinary Medical Association's affiliated state
veterinary medical associations.
   (F) Nonprofit annual conferences established in conjunction with
state veterinary medical associations.
   (G) Educational organizations affiliated with the American
Veterinary Medical Association or its state affiliated veterinary
medical associations.
   (H) Local veterinary medical associations affiliated with the
California Veterinary Medical Association.
   (I) Federal, state, or local government agencies.
   (J) Providers accredited by the Accreditation Council for
Continuing Medical Education (ACCME) or approved by the American
Medical Association (AMA), providers recognized by the American
Dental Association Continuing Education Recognition Program (ADA
CERP), and AMA or ADA affiliated state, local, and specialty
organizations.
   (2) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing of video recordings, or
listening to audio recordings. The taking of these courses shall be
limited to no more than six hours biennially.
   (3) The board may approve other continuing veterinary medical
education providers not specified in paragraph (1).
   (A) The board has the authority to recognize national continuing
education approval bodies for the purpose of approving continuing
education providers not specified in paragraph (1).
   (B) Applicants seeking continuing education provider approval
shall have the option of applying to the board or to a
board-recognized national approval body.
   (4) For good cause, the board may adopt an order specifying, on a
prospective basis, that a provider of continuing veterinary medical
education authorized pursuant to paragraph (1) or (3) is no longer an
acceptable provider.
   (5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and January 1, 2001, shall be credited
toward a veterinarian's continuing education requirement under this
section.
   (c) Every person renewing his or her license issued pursuant to
Section 4846.4 or any person applying for relicensure or for
reinstatement of his or her license to active status, shall submit
proof of compliance with this section to the board certifying that he
or she is in compliance with this section. Any false statement
submitted pursuant to this section shall be a violation subject to
Section 4831.
   (d) This section shall not apply to a veterinarian's first license
renewal. This section shall apply only to second and subsequent
license renewals granted on or after January 1, 2002.
   (e) The board shall have the right to audit the records of all
applicants to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a period of four years
and shall make these records available to the board for auditing
purposes upon request. If the board, during this audit, questions
whether any course reported by the veterinarian satisfies the
continuing education requirement, the veterinarian shall provide
information to the board concerning the content of the course; the
name of its sponsor and cosponsor, if any; and specify the specific
curricula that was of benefit to the veterinarian.
   (f) A veterinarian desiring an inactive license or to restore an
inactive license under Section 701 shall submit an application on a
form provided by the board. In order to restore an inactive license
to active status, the veterinarian shall have completed a minimum of
36 hours of continuing education within the last two years preceding
application. The inactive license status of a veterinarian shall not
deprive the board of its authority to institute or continue a
disciplinary action against a licensee.
   (g) Knowing misrepresentation of compliance with this article by a
veterinarian constitutes unprofessional conduct and grounds for
disciplinary action or for the issuance of a citation and the
imposition of a civil penalty pursuant to Section 4883.
   (h) The board, in its discretion, may exempt from the continuing
education requirement any veterinarian who for reasons of health,
military service, or undue hardship cannot meet those requirements.
Applications for waivers shall be submitted on a form provided by the
board.
   (i) The administration of this section may be funded through
professional license and continuing education provider fees. The fees
related to the administration of this section shall not exceed the
costs of administering the corresponding provisions of this section.
   (j) For those continuing education providers not listed in
paragraph (1) of subdivision (b), the board or its recognized
national approval agent shall establish criteria by which a provider
of continuing education shall be approved. The board shall initially
review and approve these criteria and may review the criteria as
needed. The board or its recognized agent shall monitor, maintain,
and manage related records and data. The board may impose an
application fee, not to exceed two hundred dollars ($200) biennially,
for continuing education providers not listed in paragraph (1) of
subdivision (b).
  SEC. 4.  Section 8027 of the Business and Professions Code is
amended to read:
   8027.  (a) As used in this section, "school" means a court
reporter training program or an institution that provides a course of
instruction approved by the board and the Bureau for Private
Postsecondary and Vocational Education, is a public school in this
state, or is accredited by the Western Association of Schools and
Colleges.
   (b) A court reporting school shall be primarily organized to train
students for the practice of shorthand reporting, as defined in
Sections 8016 and 8017. Its educational program shall be on the
postsecondary or collegiate level. It shall be legally organized and
authorized to conduct its program under all applicable laws of the
state, and shall conform to and offer all components of the minimum
prescribed course of study established by the board. Its records
shall be kept and shall be maintained in a manner to render them safe
from theft, fire, or other loss. The records shall indicate positive
daily and clock-hour attendance of each student for all classes,
apprenticeship and graduation reports, high school transcripts or the
equivalent or self-certification of high school graduation or the
equivalent, transcripts of other education, and student progress to
date, including all progress and counseling reports.
   (c) Any school intending to offer a program in court reporting
shall notify the board within 30 days of the date on which it
provides notice to, or seeks approval from, the State Department of
Education, the Bureau for Private Postsecondary and Vocational
Education, the Office of the Chancellor of the California Community
Colleges, or the Western Association of Schools and Colleges,
whichever is applicable. The board shall review the proposed
curriculum and provide the school tentative approval, or notice of
denial, within 60 days of receipt of the notice. The school shall
apply for provisional recognition pursuant to subdivision (d) within
no more than one year from the date it begins offering court
reporting classes.
   (d) The board may grant provisional recognition to a new court
reporting school upon satisfactory evidence that it has met all of
the provisions of subdivision (b) and this subdivision. Recognition
may be granted by the board to a provisionally recognized school
after it has been in continuous operation for a period of no less
than three consecutive years from the date provisional recognition
was granted, during which period the school shall provide
satisfactory evidence that at least one person has successfully
completed the entire course of study established by the board and
complied with the provisions of Section 8020, and has been issued a
certificate to practice shorthand reporting as defined in Sections
8016 and 8017. The board may, for good cause shown, extend the
three-year provisional recognition period for not more than one year.
Failure to meet the provisions and terms of this section shall
require the board to deny recognition. Once granted, recognition may
be withdrawn by the board for failure to comply with all applicable
laws and regulations.
   (e) Application for recognition of a court reporting school shall
be made upon a form prescribed by the board and shall be accompanied
by all evidence, statements, or documents requested. Each branch,
extension center, or off-campus facility requires separate
application.
   (f) All recognized and provisionally recognized court reporting
schools shall notify the board of any change in school name, address,
telephone number, responsible court reporting program manager, owner
of private schools, and the effective date thereof, within 30 days
of the change. All of these notifications shall be made in writing.
   (g) A school shall notify the board in writing immediately of the
discontinuance or pending discontinuance of its court reporting
program or any of the program's components. Within two years of the
date this notice is sent to the board, the school shall discontinue
its court reporting program in its entirety. The board may, for good
cause shown, grant not more than two one-year extensions of this
period to a school. If a student is to be enrolled after this notice
is sent to the board, a school shall disclose to the student the fact
of the discontinuance or pending discontinuance of its court
reporting program or any of its program components.
   (h) The board shall maintain a roster of currently recognized and
provisionally recognized court reporting schools, including, but not
limited to, the name, address, telephone number, and the name of the
responsible court reporting program manager of each school.
   (i) The board shall maintain statistics that display the number
and passing percentage of all first-time examinees, including, but
not limited to, those qualified by each recognized or provisionally
recognized school and those first-time examinees qualified by other
methods as defined in Section 8020.
   (j) Inspections and investigations shall be conducted by the board
as necessary to carry out this section, including, but not limited
to, unannounced site visits.
   (k) All recognized and provisionally recognized schools shall
print in their school or course catalog the name, address, and
telephone number of the board. At a minimum, the information shall be
in 8-point bold type and include the following statement:

   "IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE
LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A
RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM
REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE
RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA;
(ADDRESS); (TELEPHONE NUMBER)."

   (l) Each court reporting school shall file with the board, not
later than June 30 of each year, a current school catalog that shows
all course offerings and staff, and for private schools, the owner,
except that where there have been no changes to the catalog within
the previous year, no catalog need be sent. In addition, each school
shall also file with the board a statement certifying whether the
school is in compliance with all statutes and the rules and
regulations of the board, signed by the responsible court reporting
program manager.
   (m) A school offering court reporting shall not make any written
or verbal claims of employment opportunities or potential earnings
unless those claims are based on verified data and reflect current
employment conditions.
   (n) If a school offers a course of instruction that exceeds the
board's minimum requirements, the school shall disclose orally and in
writing the board's minimum requirements and how the course of
instruction differs from those criteria. The school shall make this
disclosure before a prospective student executes an agreement
obligating that person to pay any money to the school for the course
of instruction. The school shall also make this disclosure to all
students enrolled on January 1, 2002.
   (o) Private and public schools shall provide each prospective
student with all of the following and have the prospective student
sign a document that shall become part of that individual's permanent
record, acknowledging receipt of each item:
   (1) A student consumer information brochure published by the
board.
   (2) A list of the school's graduation requirements, including the
number of tests, the pass point of each test, the speed of each test,
and the type of test, such as jury charge or literary.
   (3) A list of requirements to qualify for the state-certified
shorthand reporter licensing examination, including the number of
tests, the pass point of each test, the speed of each test, and the
type of test, such as jury charge or literary, if different than
those requirements listed in paragraph (2).
   (4) A copy of the school's board-approved benchmarks for
satisfactory progress as identified in subdivision (u).
   (5) A report showing the number of students from the school who
qualified for each of the certified shorthand reporter licensing
examinations within the preceding two years, the number of those
students that passed each examination, the time, as of the date of
qualification, that each student was enrolled in court reporting
school, and the placement rate for all students that passed each
examination.
   (6) On and after January 1, 2005, the school shall also provide to
prospective students the number of hours each currently enrolled
student who has qualified to take the next licensing test, exclusive
of transfer students, has attended court reporting classes.
   (p) All enrolled students shall have the information in
subdivisions (n) and (o) on file no later than June 30, 2005.
   (q) Public schools shall provide the information in subdivisions
(n) and (o) to each new student the first day he or she attends
theory or machine speed class, if it was not provided previously.
   (r) Each enrolled student shall be provided written notification
of any change in qualification or graduation requirements that is
being implemented due to the requirements of any one of the school's
oversight agencies. This notice shall be provided to each affected
student at least 30 days before the effective date of the change and
shall state the new requirement and the name, address, and telephone
number of the agency that is requiring it of the school. Each student
shall initial and date a document acknowledging receipt of that
information and that document, or a copy thereof, shall be made part
of the student's permanent file.
   (s) Schools shall make available a comprehensive final examination
in each academic subject to any student desiring to challenge an
academic class in order to obtain credit towards certification for
the state licensing examination. The points required to pass a
challenge examination shall not be higher than the minimum points
required of other students completing the academic class.
   (t) An individual serving as a teacher, instructor, or reader
shall meet the qualifications specified by regulation for his or her
position.
   (u) Each school shall provide a substitute teacher or instructor
for any class for which the teacher or instructor is absent for two
consecutive days or more.
   (v) The board has the authority to approve or disapprove
benchmarks for satisfactory progress which each school shall develop
for its court reporting program. Schools shall use only
board-approved benchmarks to comply with the provisions of paragraph
(4) of subdivision (o) and subdivision (u).
   (w) Each school shall counsel each student a minimum of one time
within each 12-month period to identify the level of attendance and
progress, and the prognosis for completing the requirements to become
eligible to sit for the state licensing examination. If the student
has not progressed in accordance with the board-approved benchmarks
for that school, the student shall be counseled a minimum of one
additional time within that same 12-month period.
   (x) The school shall provide to the board, for each student
qualifying through the school as eligible to sit for the state
licensing examination, the number of hours the student attended court
reporting classes, both academic and machine speed classes,
including theory.
   (y) The pass rate of first-time examination takers for each school
offering court reporting shall meet or exceed the average pass rate
of all first-time test takers for a majority of examinations given
for the preceding three years. Failure to do so shall require the
board to conduct a review of the program. In addition, the board may
place the school on probation and may withdraw recognition if the
school continues to place below the above-described standard on the
two examinations that follow the three-year period.
   (z) A school shall not require more than one 10-minute qualifying
examination, as defined in the regulations of the board, for a
student to be eligible to sit for the state certification
examination.
   (aa) A school shall provide the board the actual number of hours
of attendance for each applicant the school qualifies for the state
licensing examination.
   (ab) The board shall, by December 1, 2001, do the following by
regulation as necessary:
   (1) Establish the format that shall be used by schools to report
tracking of all attendance hours and actual timeframes for completed
coursework.
   (2) Require schools to provide a minimum of 10 hours of live
dictation class each school week for every full-time student.
   (3) Require schools to provide students with the opportunity to
read back from their stenographic notes a minimum of one time each
day to his or her instructor.
   (4) Require schools to provide students with the opportunity to
practice with a school-approved speed-building audio recording, or
other assigned material, a minimum of one hour per day after school
hours as a homework assignment and provide the notes from this audio
recording to their instructor the following day for review.
   (5) Develop standardization of policies on the use and
administration of qualifier examinations by schools.
   (6) Define qualifier examination as follows: the qualifier
examination shall consist of 4-voice testimony of 10-minute duration
at 200 words per minute, graded at 97.5 percent accuracy, and in
accordance with the guidelines followed by the board. Schools shall
be required to date and number each qualifier and announce the date
and number to the students at the time of administering the
qualifier. All qualifiers shall indicate the actual dictation time of
the test and the school shall catalog and maintain the qualifier for
a period of not less than three years for the purpose of inspection
by the board.
   (7) Require schools to develop a program to provide students with
the opportunity to interact with professional court reporters to
provide skill support, mentoring, or counseling that they can
document at least quarterly.
   (8) Define qualifications and educational requirements required of
instructors and readers that read test material and qualifiers.
   (ac) The board shall adopt regulations to implement the
requirements of this section not later than September 1, 2002.
   (ad) The board may recover costs for any additional expenses
incurred under the enactment amending this section in the 2001-02
Regular Session of the Legislature pursuant to its fee authority in
Section 8031.
  SEC. 5.  Section 17539.55 of the Business and Professions Code is
amended to read:
   17539.55.  (a) It shall be unlawful to operate a sweepstakes in
this state through the use of a 900 number, unless the information
provider registers with the Department of Justice as provided in this
section within 10 days after causing any advertisement for the
sweepstakes to be directed to any person in this state.
   (b) The registration shall include the following information:
   (1) Each 900 number to be used in the sweepstakes.
   (2) The name and address of the information provider including
corporate identity, if any, and the name and address for the
information provider's agent for service of process within the state.

   (3) A copy of the information provider's audio text, prerecorded,
or live operator scripts.
   (4) A copy of the official rules for the sweepstakes.
   (5) For television, video, or any onscreen advertisements, a copy
of the storyboard and video recording.
   (6) For radio advertisements, a copy of the script and audio
recording.
   (7) For print or electronic form transmitted over the Internet, a
copy of all advertisements.
   (8) For direct mail solicitations, a copy of all principal
solicitations.
   (9) For telephone solicitations, a copy of the script.
   (10) The names of the carriers that the information provider plans
to utilize to carry the 900 number calls.
   (c) The information provider shall pay an annual registration fee
of fifty dollars ($50) for each 900 number used for sweepstakes
purposes.
   (d) It shall be unlawful for any information provider that
operates a sweepstakes to make reference, in any contact with the
public, to the fact that the information provider is registered with
the Department of Justice, as required by this section, or in any
other manner imply that that registration represents approval of the
sweepstakes by the Department of Justice.
  SEC. 6.  Section 19513 of the Business and Professions Code is
amended to read:
   19513.  (a) The board shall prepare both written and oral
examinations. All examinations shall be standardized and, in the case
of oral examinations, audio recorded. Written examinations may be
administered by members of the board staff. Oral examinations shall
be conducted by a panel of not fewer than three board members.
   (b) The board shall provide a detailed outline of the subjects to
be covered by the oral and written examinations for a license to
every person who requests the outline.
                                                           (c) The
results of the oral and written examinations for stewards' licenses
shall be a public record.
  SEC. 7.  Section 19576 of the Business and Professions Code is
amended to read:
   19576.  (a) No person may furnish an audio or video recording of
any quarter horse race occurring in this state to any other person
either within or outside of the state for any commercial purpose,
including the use of the recording in any type of video game, without
first securing the consent of the racing association conducting the
meeting, the organization representing horsemen and horsewomen
participating in the meeting, and the board.
   (b) No person may use any audio or video recording of any quarter
horse race occurring in this state for any commercial purpose without
first securing the consent of the racing association holding the
meeting, the organization representing horsemen and horsewomen
participating in the meeting, and the board.
   (c) Any person whose consent is required under this section may
file and maintain an action in superior court to obtain an injunction
against the furnishing or commercial use of a recording of a quarter
horse race in violation of this section.
  SEC. 8.  Section 19861 of the Business and Professions Code is
amended to read:
   19861.  Notwithstanding subdivision (i) of Section 19801, the
commission shall not deny a license to a gambling establishment
solely because it is not open to the public, provided that all of the
following are true: (a) the gambling establishment is situated in a
local jurisdiction that has an ordinance allowing only private clubs,
and the gambling establishment was in operation as a private club
under that ordinance on December 31, 1997, and met all applicable
state and local gaming registration requirements; (b) the gambling
establishment consists of no more than five gaming tables; (c) video
recordings of the entrance to the gambling room or rooms and all
tables situated therein are made during all hours of operation by
means of closed circuit television cameras, and these recordings are
retained for a period of 30 days and are made available for review by
the department or commission upon request; and (d) the gambling
establishment is open to members of the private club and their
spouses in accordance with membership criteria in effect as of
December 31, 1997.
   A gambling establishment meeting these criteria, in addition to
the other requirements of this chapter, may be licensed to operate as
a private club gambling establishment until November 30, 2003, or
until the ownership or operation of the gambling establishment
changes from the ownership or operation as of January 1, 1998,
whichever occurs first. Operation of the gambling establishments
after this date shall only be permitted if the local jurisdiction
approves an ordinance, pursuant to Sections 19961 and 19962,
authorizing the operation of gambling establishments that are open to
the public. The commission shall adopt regulations implementing this
section. Prior to the commission's issuance of a license to a
private club, the department shall ensure that the ownership of the
gambling establishment has remained constant since January 1, 1998,
and the operation of the gambling establishment has not been leased
to any third party.
  SEC. 9.  Section 19870 of the Business and Professions Code is
amended to read:
   19870.  (a) The commission, after considering the recommendation
of the chief and any other testimony and written comments as may be
presented at the meeting, or as may have been submitted in writing to
the commission prior to the meeting, may either deny the application
or grant a license to an applicant who it determines to be qualified
to hold the license.
   (b) When the commission grants an application for a license or
approval, the commission may limit or place restrictions thereon as
it may deem necessary in the public interest, consistent with the
policies described in this chapter.
   (c) When an application is denied, the commission shall prepare
and file a detailed statement of its reasons for the denial.
   (d) All proceedings at a meeting of the commission relating to a
license application shall be recorded stenographically or by audio or
video recording.
   (e) A decision of the commission denying a license or approval, or
imposing any condition or restriction on the grant of a license or
approval may be reviewed by petition pursuant to Section 1085 of the
Code of Civil Procedure. Section 1094.5 of the Code of Civil
Procedure shall not apply to any judicial proceeding described in the
foregoing sentence, and the court may grant the petition only if the
court finds that the action of the commission was arbitrary and
capricious, or that the action exceeded the commission's
jurisdiction.
  SEC. 10.  Section 21701.1 of the Business and Professions Code is
amended to read:
   21701.1.  (a) The owner or operator of a self-service storage
facility or a household goods carrier, may, for a fee, transport
individual storage containers to and from a self-service storage
facility that he or she owns or operates. This transportation
activity, whether performed by an owner, operator, or carrier, shall
not be deemed transportation for compensation or hire as a business
of used household goods and is not subject to regulation under
Chapter 7 (commencing with Section 5101) of Division 2 of the Public
Utilities Code, provided that all of the following requirements are
met:
   (1) The fee charged (A) to deliver an empty individual storage
container to a customer and to transport the loaded container to a
self-service storage facility or (B) to return a loaded individual
storage container from a self-service storage facility to the
customer does not exceed one hundred dollars ($100).
   (2) The owner, operator, or carrier, or any affiliate of the
owner, operator, or carrier, does not load, pack, or otherwise handle
the contents of the container.
   (3) The owner, operator, or carrier is registered under Chapter 2
(commencing with Section 34620) of Division 14.85 of the Vehicle Code
or holds a permit under Chapter 7 (commencing with Section 5101) of
Division 2 of the Public Utilities Code.
   (4) The owner, operator, or carrier has procured and maintained
cargo insurance in the amount of at least twenty thousand dollars
($20,000) per shipment. Proof of cargo insurance coverage shall be
maintained on file and presented to the Department of Motor Vehicles
or Public Utilities Commission upon written request.
   (5) The owner, operator, or carrier shall disclose to the customer
in advance the following information regarding the container
transfer service offered, in a written document separate from others
furnished at the time of disclosure:
   (A) A detailed description of the transfer service, including a
commitment to use its best efforts to place the container in an
appropriate location designated by the customer.
   (B) The dimensions and construction of the individual storage
containers used.
   (C) The unit charge, if any, for the container transfer service
that is in addition to the storage charge or any other fees under the
rental agreement.
   (D) The availability of delivery or pickup by the customer of his
or her goods at the self-service storage facility.
   (E) The maximum allowable distance, measured from the self-service
storage facility, for the initial pickup and final delivery of the
loaded container.
   (F) The precise terms of the company's right to move a container
from the initial storage location at its own discretion and a
statement that the customer will not be required to pay additional
charges with respect to that transfer.
   (G) Conspicuous disclosure in bold text of the allocation of
responsibility for the risk of loss or damage to the customer's
goods, including any disclaimer of the company's liability, and the
procedure for presenting any claim regarding loss or damage to the
company.
   The disclosure of terms and conditions required by this
subdivision, and the rental agreement, shall be received by the
customer a minimum of 72 hours prior to delivery of the empty
individual storage container; however, the customer may, in writing,
knowingly and voluntarily waive that receipt. The company shall
record in writing, and retain for a period of at least six months
after the end of the rental, the time and method of delivery of the
information, any waiver made by the customer, and the times and dates
of initial pickup and redelivery of the containerized goods.
   (6) No later than the time the empty individual storage container
is delivered to the customer, the company shall provide the customer
with an informational brochure containing the following information
about loading the container:
   (A) Packing and loading tips to minimize damage in transit.
   (B) A suggestion that the customer make an inventory of the items
as they are loaded and keep any other record (for example,
photographs or video recording) that may assist in any subsequent
claims processing.
   (C) A list of items that are impermissible to pack in the
container (for example, flammable items).
   (D) A list of items that are not recommended to be packed in light
of foreseeable hazards inherent in the company's handling of the
containers and in light of any limitation of liability contained in
the rental agreement.
   (b) Pickup and delivery of the individual storage containers shall
be on a date agreed upon between the customer and the company. If
the company requires the customer to be physically present at the
time of pickup, the company shall in fact be at the customer's
premises prepared to perform the service not more than four hours
later than the scheduled time agreed to by the customer and company,
and in the event of a preventable breach of that obligation by the
company, the customer shall be entitled to receive a penalty of fifty
dollars ($50) from the company and to elect rescission of the rental
agreement without liability.
   (c) No charge shall be assessed with respect to any movement of
the container between self-service storage facilities by the company
at its own discretion, nor for the delivery of a container to a
customer's premises if the customer advises the company, at least 24
hours before the agreed time of container dropoff, orally or in
writing, that he or she is rescinding the request for service.
   (d) For purposes of this chapter, "individual storage container"
means a container that meets all of the following requirements:
   (1) It shall be fully enclosed and locked.
   (2) It contains not less than 100 cubic feet and not more than
1,100 cubic feet.
   (3) It is constructed out of a durable material appropriate for
repeated use. A box constructed out of cardboard or a similar
material shall not constitute an individual storage container for
purposes of this section.
   (e) Nothing in this section shall be construed to limit the
authority of the Public Utilities Commission to investigate and
commence an appropriate enforcement action pursuant to Chapter 7
(commencing with Section 5101) of Division 2 of the Public Utilities
Code against any person transporting household goods in individual
storage containers in a manner other than that described in this
section.
  SEC. 11.  Section 25658.4 of the Business and Professions Code is
amended to read:
   25658.4.  (a) No clerk shall make an off sale of alcoholic
beverages unless the clerk executes under penalty of perjury on the
first day he or she makes that sale an application and
acknowledgment. The application and acknowledgment shall be in a form
understandable to the clerk.
   (1) The department shall specify the form of the application and
acknowledgment, which shall include at a minimum a summary of this
division pertaining to the following:
   (A) The prohibitions contained in Sections 25658 and 25658.5
pertaining to the sale to, and purchase of, alcoholic beverages by
persons under 21 years of age.
   (B) Bona fide evidence of majority as provided in Section 25660.
   (C) Hours of operation as provided in Article 2 (commencing with
Section 25631).
   (D) The prohibitions contained in subdivision (a) of Section 25602
and Section 25602.1 pertaining to sales to an intoxicated person.
   (E) Sections 23393 and 23394 as they pertain to on-premises
consumption of alcoholic beverages in an off-sale premises.
   (F) The requirements and prohibitions contained in Section 25659.5
pertaining to sales of keg beer for consumption off licensed
premises.
   (2) The application and acknowledgment shall also include a
statement that the clerk has read and understands the summary, a
statement that the clerk has never been convicted of violating this
division or, if convicted, an explanation of the circumstances of
each conviction, and a statement that the application and
acknowledgment is executed under penalty of perjury.
   (3) The licensee shall keep the executed application and
acknowledgment on the premises at all times and available for
inspection by the department. A licensee with more than one licensed
off-sale premises in the state may comply with this subdivision by
maintaining an executed application and acknowledgment at a
designated licensed premises, regional office, or headquarters office
in the state. An executed application and acknowledgment maintained
at the designated locations shall be valid for all licensed off-sale
premises owned by the licensee. Any licensee maintaining an
application and acknowledgment at a designated site other than the
individual licensed off-sale premises shall notify the department in
advance and in writing of the site where the application and
acknowledgment shall be maintained and available for inspection. A
licensee electing to maintain application and acknowledgments at a
designated site other than the licensed premises shall maintain at
each licensed premises a notice of where the executed application and
acknowledgments are located. Any licensee with more than one
licensed off-sale premises who elects to maintain the application and
acknowledgments at a designated site other than each licensed
premises shall provide the department, upon written demand, a copy of
any employee's executed application and acknowledgment within 10
business days. A violation of this subdivision by a licensee
constitutes grounds for discipline by the department.
   (b) The licensee shall post a notice that contains and describes,
in concise terms, prohibited sales of alcoholic beverages, a
statement that the off-sale seller will refuse to make a sale if the
seller reasonably suspects that the Alcoholic Beverage Control Act
may be violated, and a statement that a minor who purchases or
attempts to purchase alcoholic beverages is subject to suspension or
delay in the issuance of his or her driver's license pursuant to
Section 13202.5 of the Vehicle Code. The notice shall be posted at an
entrance or at a point of sale in the licensed premises or in any
other location that is visible to purchasers of alcoholic beverages
and to the off-sale seller.
   (c) A retail licensee shall post a notice that contains and
describes, in concise terms, the fines and penalties for any
violation of Section 25658, relating to the sale of alcoholic
beverages to, or the purchase of alcoholic beverages by, any person
under the age of 21 years.
   (d) Nonprofit organizations or licensees may obtain video
recordings and other training materials from the department on the
Licensee Education on Alcohol and Drugs (LEAD) program. The video
recordings and training materials may be updated periodically and may
be provided in English and other languages, and when made available
by the department, shall be provided at cost.
   (e) As used in this section:
   (1) "Off-sale seller" means any person holding a retail off-sale
license issued by the department and any person employed by that
licensee who in the course of that employment sells alcoholic
beverages.
   (2) "Clerk" means an off-sale seller who is not a licensee.
   (f) The department may adopt rules and appropriate fees for
licensees that it determines necessary for the administration of this
section.
  SEC. 12.  Section 916 of the Civil Code is amended to read:
   916.  (a) If a builder elects to inspect the claimed unmet
standards, the builder shall complete the initial inspection and
testing within 14 days after acknowledgment of receipt of the notice
of the claim, at a mutually convenient date and time. If the
homeowner has retained legal representation, the inspection shall be
scheduled with the legal representative's office at a mutually
convenient date and time, unless the legal representative is
unavailable during the relevant time periods. All costs of builder
inspection and testing, including any damage caused by the builder
inspection, shall be borne by the builder. The builder shall also
provide written proof that the builder has liability insurance to
cover any damages or injuries occurring during inspection and
testing. The builder shall restore the property to its pretesting
condition within 48 hours of the testing. The builder shall, upon
request, allow the inspections to be observed and electronically
recorded, video recorded, or photographed by the claimant or his or
her legal representative.
   (b) Nothing that occurs during a builder's or claimant's
inspection or testing may be used or introduced as evidence to
support a spoliation defense by any potential party in any subsequent
litigation.
   (c) If a builder deems a second inspection or testing reasonably
necessary, and specifies the reasons therefor in writing within three
days following the initial inspection, the builder may conduct a
second inspection or testing. A second inspection or testing shall be
completed within 40 days of the initial inspection or testing. All
requirements concerning the initial inspection or testing shall also
apply to the second inspection or testing.
   (d) If the builder fails to inspect or test the property within
the time specified, the claimant is released from the requirements of
this section and may proceed with the filing of an action. However,
the standards set forth in the other chapters of this title shall
continue to apply to the action.
   (e) If a builder intends to hold a subcontractor, design
professional, individual product manufacturer, or material supplier,
including an insurance carrier, warranty company, or service company,
responsible for its contribution to the unmet standard, the builder
shall provide notice to that person or entity sufficiently in advance
to allow them to attend the initial, or if requested, second
inspection of any alleged unmet standard and to participate in the
repair process. The claimant and his or her legal representative, if
any, shall be advised in a reasonable time prior to the inspection as
to the identity of all persons or entities invited to attend. This
subdivision does not apply to the builder's insurance company. Except
with respect to any claims involving a repair actually conducted
under this chapter, nothing in this subdivision shall be construed to
relieve a subcontractor, design professional, individual product
manufacturer, or material supplier of any liability under an action
brought by a claimant.
  SEC. 13.  Section 922 of the Civil Code is amended to read:
   922.  The builder shall, upon request, allow the repair to be
observed and electronically recorded, video recorded, or photographed
by the claimant or his or her legal representative. Nothing that
occurs during the repair process may be used or introduced as
evidence to support a spoliation defense by any potential party in
any subsequent litigation.
  SEC. 14.  Section 1799.3 of the Civil Code is amended to read:
   1799.3.  (a) No person providing video recording sales or rental
services shall disclose any personal information or the contents of
any record, including sales or rental information, which is prepared
or maintained by that person, to any person, other than the
individual who is the subject of the record, without the written
consent of that individual.
   (b) This section does not apply to any of the following:
   (1) To a disclosure to any person pursuant to a subpoena or court
order.
   (2) To a disclosure that is in response to the proper use of
discovery in a pending civil action.
   (3) To a disclosure to any person acting pursuant to a lawful
search warrant.
   (4) To a disclosure to a law enforcement agency when required for
investigations of criminal activity, unless that disclosure is
prohibited by law.
   (5) To a disclosure to a taxing agency for purposes of tax
administration.
   (6) To a disclosure of names and addresses only for commercial
purposes.
   (c) Any willful violation of this section shall be subject to a
civil penalty not to exceed five hundred dollars ($500) for each
violation, which may be recovered in a civil action brought by the
person who is the subject of the records.
   (d) (1) Any person who willfully violates this section on three or
more occasions in any six-month period shall, in addition, be
subject to a civil penalty not to exceed five hundred dollars ($500)
for each violation, which may be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the Attorney General, by any district attorney or city attorney,
or by a city prosecutor in any city or city and county having a
full-time city prosecutor, in any court of competent jurisdiction.
   (2) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the General Fund. If
the action is brought by a district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
was entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty shall be paid to the treasurer of
the city in which the judgment was entered, and one-half to the
treasurer of the county in which the judgment was entered.
   (e) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.
  SEC. 15.  Section 3344.1 of the Civil Code is amended to read:
   3344.1.  (a) (1) Any person who uses a deceased personality's
name, voice, signature, photograph, or likeness, in any manner, on or
in products, merchandise, or goods, or for purposes of advertising
or selling, or soliciting purchases of, products, merchandise, goods,
or services, without prior consent from the person or persons
specified in subdivision (c), shall be liable for any damages
sustained by the person or persons injured as a result thereof. In
addition, in any action brought under this section, the person who
violated the section shall be liable to the injured party or parties
in an amount equal to the greater of seven hundred fifty dollars
($750) or the actual damages suffered by the injured party or
parties, as a result of the unauthorized use, and any profits from
the unauthorized use that are attributable to the use and are not
taken into account in computing the actual damages. In establishing
these profits, the injured party or parties shall be required to
present proof only of the gross revenue attributable to the use and
the person who violated the section is required to prove his or her
deductible expenses. Punitive damages may also be awarded to the
injured party or parties. The prevailing party or parties in any
action under this section shall also be entitled to attorney's fees
and costs.
   (2) For purposes of this subdivision, a play, book, magazine,
newspaper, musical composition, audiovisual work, radio or television
program, single and original work of art, work of political or
newsworthy value, or an advertisement or commercial announcement for
any of these works, shall not be considered a product, article of
merchandise, good, or service if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work.
   (3) If a work that is protected under paragraph (2) includes
within it a use in connection with a product, article of merchandise,
good, or service, this use shall not be exempt under this
subdivision, notwithstanding the unprotected use's inclusion in a
work otherwise exempt under this subdivision, if the claimant proves
that this use is so directly connected with a product, article of
merchandise, good, or service as to constitute an act of advertising,
selling, or soliciting purchases of that product, article of
merchandise, good, or service by the deceased personality without
prior consent from the person or persons specified in subdivision
(c).
   (b) The rights recognized under this section are property rights,
freely transferable or descendible, in whole or in part, by contract
or by means of any trust or any other testamentary instrument,
executed before or after January 1, 1985. The rights recognized under
this section shall be deemed to have existed at the time of death of
any deceased personality who died prior to January 1, 1985, and,
except as provided in subdivision (o), shall vest in the persons
entitled to these property rights under the testamentary instrument
of the deceased personality effective as of the date of his or her
death. In the absence of an express transfer in a testamentary
instrument of the deceased personality's rights in his or her name,
voice, signature, photograph, or likeness, a provision in the
testamentary instrument that provides for the disposition of the
residue of the deceased personality's assets shall be effective to
transfer the rights recognized under this section in accordance with
the terms of that provision. The rights established by this section
shall also be freely transferable or descendible by contract, trust,
or any other testamentary instrument by any subsequent owner of the
deceased personality's rights as recognized by this section. Nothing
in this section shall be construed to render invalid or unenforceable
any contract entered into by a deceased personality during his or
her lifetime by which the deceased personality assigned the rights,
in whole or in part, to use his or her name, voice, signature,
photograph, or likeness, regardless of whether the contract was
entered into before or after January 1, 1985.
   (c) The consent required by this section shall be exercisable by
the person or persons to whom the right of consent, or portion
thereof, has been transferred in accordance with subdivision (b), or
if no transfer has occurred, then by the person or persons to whom
the right of consent, or portion thereof, has passed in accordance
with subdivision (d).

           (d) Subject to subdivisions (b) and (c), after the death
of any person, the rights under this section shall belong to the
following person or persons and may be exercised, on behalf of and
for the benefit of all of those persons, by those persons who, in the
aggregate, are entitled to more than a one-half interest in the
rights:
   (1) The entire interest in those rights belongs to the surviving
spouse of the deceased personality unless there are any surviving
children or grandchildren of the deceased personality, in which case
one-half of the entire interest in those rights belongs to the
surviving spouse.
   (2) The entire interest in those rights belongs to the surviving
children of the deceased personality and to the surviving children of
any dead child of the deceased personality unless the deceased
personality has a surviving spouse, in which case the ownership of a
one-half interest in rights is divided among the surviving children
and grandchildren.
   (3) If there is no surviving spouse, and no surviving children or
grandchildren, then the entire interest in those rights belongs to
the surviving parent or parents of the deceased personality.
   (4) The rights of the deceased personality's children and
grandchildren are in all cases divided among them and exercisable in
the manner provided in Section 240 of the Probate Code according to
the number of the deceased personality's children represented. The
share of the children of a dead child of a deceased personality can
be exercised only by the action of a majority of them.
   (e) If any deceased personality does not transfer his or her
rights under this section by contract, or by means of a trust or
testamentary instrument, and there are no surviving persons as
described in subdivision (d), then the rights set forth in
subdivision (a) shall terminate.
   (f) (1) A successor in interest to the rights of a deceased
personality under this section or a licensee thereof shall not
recover damages for a use prohibited by this section that occurs
before the successor in interest or licensee registers a claim of the
rights under paragraph (2).
   (2) Any person claiming to be a successor in interest to the
rights of a deceased personality under this section or a licensee
thereof may register that claim with the Secretary of State on a form
prescribed by the Secretary of State and upon payment of a fee as
set forth in subdivision (d) of Section 12195 of the Government Code.
The form shall be verified and shall include the name and date of
death of the deceased personality, the name and address of the
claimant, the basis of the claim, and the rights claimed.
   (3) Upon receipt and after filing of any document under this
section, the Secretary of State shall post the document along with
the entire registry of persons claiming to be a successor in interest
to the rights of a deceased personality or a registered licensee
under this section upon the World Wide Web, also known as the
Internet. The Secretary of State may microfilm or reproduce by other
techniques any of the filings or documents and destroy the original
filing or document. The microfilm or other reproduction of any
document under this section shall be admissible in any court of law.
The microfilm or other reproduction of any document may be destroyed
by the Secretary of State 70 years after the death of the personality
named therein.
   (4) Claims registered under this subdivision shall be public
records.
   (g) No action shall be brought under this section by reason of any
use of a deceased personality's name, voice, signature, photograph,
or likeness occurring after the expiration of 70 years after the
death of the deceased personality.
   (h) As used in this section, "deceased personality" means any
natural person whose name, voice, signature, photograph, or likeness
has commercial value at the time of his or her death, whether or not
during the lifetime of that natural person the person used his or her
name, voice, signature, photograph, or likeness on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
solicitation of purchase of, products, merchandise, goods, or
services. A "deceased personality" shall include, without limitation,
any such natural person who has died within 70 years prior to
January 1, 1985.
   (i) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any video recording or
live television transmission, of any person, such that the deceased
personality is readily identifiable. A deceased personality shall be
deemed to be readily identifiable from a photograph when one who
views the photograph with the naked eye can reasonably determine who
the person depicted in the photograph is.
   (j) For purposes of this section, a use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
   (k) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing the use is commercially sponsored or contains paid
advertising. Rather, it shall be a question of fact whether or not
the use of the deceased personality's name, voice, signature,
photograph, or likeness was so directly connected with the commercial
sponsorship or with the paid advertising as to constitute a use for
which consent is required under subdivision (a).
   (l) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit ads, by whom any
advertisement or solicitation in violation of this section is
published or disseminated, unless it is established that the owners
or employees had knowledge of the unauthorized use of the deceased
personality's name, voice, signature, photograph, or likeness as
prohibited by this section.
   (m) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
   (n) This section shall apply to the adjudication of liability and
the imposition of any damages or other remedies in cases in which the
liability, damages, and other remedies arise from acts occurring
directly in this state. For purposes of this section, acts giving
rise to liability shall be limited to the use, on or in products,
merchandise, goods, or services, or the advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services
prohibited by this section.
   (o) Notwithstanding any provision of this section to the contrary,
if an action was taken prior to May 1, 2007, to exercise rights
recognized under this section relating to a deceased personality who
died prior to January 1, 1985, by a person described in subdivision
(d), other than a person who was disinherited by the deceased
personality in a testamentary instrument, and the exercise of those
rights was not challenged successfully in a court action by a person
described in subdivision (b), that exercise shall not be affected by
subdivision (b). In such a case, the rights that would otherwise vest
in one or more persons described in subdivision (b) shall vest
solely in the person or persons described in subdivision (d), other
than a person disinherited by the deceased personality in a
testamentary instrument, for all future purposes.
   (p) The rights recognized by this section are expressly made
retroactive, including to those deceased personalities who died
before January 1, 1985.
  SEC. 16.  Section 129 of the Code of Civil Procedure is amended to
read:
   129.  Notwithstanding any other provision of law, no copy,
reproduction, or facsimile of any kind shall be made of any
photograph, negative, or print, including instant photographs and
video recordings, of the body, or any portion of the body, of a
deceased person, taken by or for the coroner at the scene of death or
in the course of a post mortem examination or autopsy made by or
caused to be made by the coroner, except for use in a criminal action
or proceeding in this state that relates to the death of that
person, or except as a court of this state permits, by order after
good cause has been shown and after written notification of the
request for the court order has been served, at least five days
before the order is made, upon the district attorney of the county in
which the post mortem examination or autopsy has been made or caused
to be made.
   This section shall not apply to the making of such a copy,
reproduction, or facsimile for use in the field of forensic
pathology, for use in medical or scientific education or research, or
for use by any law enforcement agency in this or any other state or
the United States.
   This section shall apply to any such copy, reproduction, or
facsimile, and to any such photograph, negative, or print, heretofore
or hereafter made.
  SEC. 17.  Section 1033.5 of the Code of Civil Procedure is amended
to read:
   1033.5.  (a) The following items are allowable as costs under
Section 1032:
   (1) Filing, motion, and jury fees.
   (2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.
   (3) Taking, video recording, and transcribing necessary
depositions including an original and one copy of those taken by the
claimant and one copy of depositions taken by the party against whom
costs are allowed, and travel expenses to attend depositions.
   (4) Service of process by a public officer, registered process
server, or other means, as follows:
   (A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.
   (B) If service is by a process server registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited
to, a stakeout or other means employed in locating the person to be
served, unless those charges are successfully challenged by a party
to the action.
   (C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.
   (D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).
   (5) Expenses of attachment including keeper's fees.
   (6) Premiums on necessary surety bonds.
   (7) Ordinary witness's fees pursuant to Section 68093 of the
Government Code.
   (8) Fees of expert witnesses ordered by the court.
   (9) Transcripts of court proceedings ordered by the court.
   (10) Attorney's fees, when authorized by any of the following:
   (A) Contract.
   (B) Statute.
   (C) Law.
   (11) Court reporters' fees as established by statute.
   (12) Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier of
fact.
   (13) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.
   (b) The following items are not allowable as costs, except when
expressly authorized by law:
   (1) Fees of experts not ordered by the court.
   (2) Investigation expenses in preparing the case for trial.
   (3) Postage, telephone, and photocopying charges, except for
exhibits.
   (4) Costs in investigation of jurors or in preparation for voir
dire.
   (5) Transcripts of court proceedings not ordered by the court.
   (c) Any award of costs shall be subject to the following:
   (1) Costs are allowable if incurred, whether or not paid.
   (2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.
   (3) Allowable costs shall be reasonable in amount.
   (4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court's discretion.
   (5) When any statute of this state refers to the award of "costs
and attorney's fees," attorney's fees are an item and component of
the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). Any claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof. Attorney's fees
allowable as costs pursuant to subparagraph (B) of paragraph (10) of
subdivision (a) may be fixed as follows: (A) upon a noticed motion,
(B) at the time a statement of decision is rendered, (C) upon
application supported by affidavit made concurrently with a claim for
other costs, or (D) upon entry of default judgment. Attorney's fees
allowable as costs pursuant to subparagraph (A) or (C) of paragraph
(10) of subdivision (a) shall be fixed either upon a noticed motion
or upon entry of a default judgment, unless otherwise provided by
stipulation of the parties.
   Attorney's fees awarded pursuant to Section 1717 of the Civil Code
are allowable costs under Section 1032 of this code as authorized by
subparagraph (A) of paragraph (10) of subdivision (a).
  SEC. 18.  Section 2025.560 of the Code of Civil Procedure is
amended to read:
   2025.560.  (a) An audio or video recording of deposition testimony
made by, or at the direction of, any party, including a certified
recording made by an operator qualified under subdivisions (b) to
(f), inclusive, of Section 2025.340, shall not be filed with the
court. Instead, the operator shall retain custody of that recording
and shall store it under conditions that will protect it against
loss, destruction, or tampering, and preserve as far as practicable
the quality of the recording and the integrity of the testimony and
images it contains.
   (b) At the request of any party to the action, including a party
who did not attend the taking of the deposition testimony, or at the
request of the deponent, that operator shall promptly do both of the
following:
   (1) Permit the one making the request to hear or to view the
recording on receipt of payment of a reasonable charge for providing
the facilities for hearing or viewing the recording.
   (2) Furnish a copy of the audio or video recording to the one
making the request on receipt of payment of the reasonable cost of
making that copy of the recording.
   (c) The attorney or operator who has custody of an audio or video
recording of deposition testimony made by, or at the direction of,
any party, shall retain custody of it until six months after final
disposition of the action. At that time, the audio or video recording
may be destroyed or erased, unless the court, on motion of any party
and for good cause shown, orders that the recording be preserved for
a longer period.
  SEC. 19.  Section 8971 of the Education Code is amended to read:
   8971.  As used in this chapter, the following terms shall have the
following meanings:
   (a) "Child development program" means a full-day or part-day
comprehensive developmental program for children ages 0 to 14 years
that is administered by the State Department of Education.
   (b) "Early primary program," means an integrated, experiential,
and developmentally appropriate educational program for children in
preschool, kindergarten, and grades 1 to 3, inclusive, that
incorporates various instructional strategies and authentic
assessment practices, including educationally appropriate curricula,
heterogeneous groupings, active learning activities, oral language
development, small-group instruction, peer interaction, use of
concrete manipulative materials in the classroom, planned
articulation among preschool, kindergarten, and primary grades, and
parent involvement and education.
   (c) "Integrated, experiential, and developmentally appropriate
educational program" means a program that is designed around the
abilities and interests of the children in the program and one in
which children learn about the various subjects simultaneously, as
opposed to segmented courses, and through "hands-on" or "active
learning" teaching methods that are more appropriate for young
children than the academic "textbook" approach.
   (d) "Preschool program" means a comprehensive developmental
program for children who are too young to enroll in kindergarten.
   (e) "Portfolio material" means a selection of representative
samples of the child's performance within the program setting that
may include, but not be limited to, teacher observations, work
samples, developmental profiles, photographs, and audio or video
recordings that present a picture of the child's progress over time.
   (f) "School district" includes county offices of education.
   (g) "State preschool program," means a part-day comprehensive
developmental program for children three to five years of age from
low-income families, administered by the State Department of
Education.
  SEC. 20.  Section 17002 of the Education Code is amended to read:
   17002.  The following terms wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
   (a) "Apportionment" means a reservation of funds necessary to
finance the cost of any project approved by the board for lease to an
applicant school district.
   (b) "Board" means the State Allocation Board.
   (c) "Cost of project" includes, but is not limited to, the cost of
all real estate property rights, and easements acquired, and the
cost of developing the site and streets and utilities immediately
adjacent thereto, the cost of construction, reconstruction, or
modernization of buildings and the furnishing and equipping,
including the purchase of educational technology hardware, of those
buildings, the supporting wiring and cabling, and the technological
modernization of existing buildings to support that hardware, the
cost of plans, specifications, surveys, and estimates of costs, and
other expenses that are necessary or incidental to the financing of
the project. For purposes of this section, "educational technology
hardware" includes, but is not limited to, computers, telephones,
televisions, and video recording equipment.
   (d) (1) "Good repair" means the facility is maintained in a manner
that assures that it is clean, safe, and functional as determined
pursuant to a school facility inspection and evaluation instrument
developed by the Office of Public School Construction and approved by
the board or a local evaluation instrument that meets the same
criteria. Until the school facility inspection and evaluation
instrument is approved by the board, "good repair" means the facility
is maintained in a manner that assures that it is clean, safe, and
functional as determined by the interim evaluation instrument
developed by the Office of Public School Construction or a local
evaluation instrument that meets the same criteria as the interim
evaluation instrument. The school facility inspection and evaluation
instrument and local evaluation instruments that meet the minimum
criteria of this subdivision shall not require capital enhancements
beyond the standards to which the facility was designed and
constructed. In order to provide that school facilities are reviewed
to be clean, safe, and functional, the school facility inspection and
evaluation instrument and local evaluation instruments shall include
at least the following criteria:
   (A) Gas systems and pipes appear and smell safe, functional, and
free of leaks.
   (B) Mechanical systems, including heating, ventilation, and
air-conditioning systems, satisfy the following:
   (i) Are functional and unobstructed.
   (ii) Appear to supply adequate amount of air to all classrooms,
work spaces, and facilities.
   (iii) Maintain interior temperatures within normally acceptable
ranges.
   (C) Doors and windows are intact, functional, and open, close, and
lock as designed, unless there is a valid reason they should not
function as designed.
   (D) Fences and gates are intact, functional, and free of holes and
other conditions that could present a safety hazard to pupils,
staff, or others. Locks and other security hardware function as
designed.
   (E) Interior surfaces, including walls, floors, and ceilings, are
free of safety hazards from tears, holes, missing floor and ceiling
tiles, torn carpet, water damage, or other cause. Ceiling tiles are
intact. Surfaces display no evidence of mold or mildew.
   (F) Hazardous and flammable materials are stored properly. No
evidence of peeling, chipping, or cracking paint is apparent. No
indicators of mold, mildew, or asbestos exposure are evident. There
is no apparent evidence of hazardous materials that may pose a threat
to the health and safety of pupils or staff.
   (G) Structures, including posts, beams, supports for portable
classrooms and ramps, and other structural building members appear
intact, secure, and functional as designed. Ceilings and floors are
not sloping or sagging beyond their intended design. There is no
visible evidence of severe cracks, dry rot, mold, or damage that
undermines structural components.
   (H) Fire sprinklers, fire extinguishers, emergency alarm systems,
and all emergency equipment and systems appear to be functioning
properly. Fire alarm pull stations are clearly visible. Fire
extinguishers are current and placed in all required areas, including
every classroom and assembly area. Emergency exits are clearly
marked and unobstructed.
   (I) Electrical systems, components, and equipment, including
switches, junction boxes, panels, wiring, outlets, and light
fixtures, are securely enclosed, properly covered and guarded from
pupil access, and appear to be working properly.
   (J) Lighting appears to be adequate and working properly. Lights
do not flicker, dim, or malfunction, and there is no unusual hum or
noise from light fixtures. Exterior lights onsite appear to be
working properly.
   (K) No visible or odorous indicators of pest or vermin infestation
are evident.
   (L) Interior and exterior drinking fountains are functional,
accessible, and free of leaks. Drinking fountain water pressure is
adequate. Fountain water is clear and without unusual taste or odor,
and moss, mold, or excessive staining is not evident.
   (M) Restrooms and restroom fixtures satisfy the following:
   (i) Are functional.
   (ii) Appear to be maintained and stocked with supplies regularly.
   (iii) Appear to be accessible to pupils during the schoolday.
   (iv) Appear to be in compliance with Section 35292.5.
   (N) The sanitary sewer system controls odor as designed, displays
no signs of stoppage, backup, or flooding, in the facilities or on
school grounds, and appears to be functioning properly.
   (O) Roofs, gutters, roof drains, and downspouts appear to be
functioning properly and are free of visible damage and evidence of
disrepair when observed from the ground inside and outside the
building.
   (P) The school grounds do not exhibit signs of drainage problems,
such as visible evidence of flooded areas, eroded soil, water damage
to asphalt playgrounds or parking areas, or clogged storm drain
inlets.
   (Q) Playground equipment and exterior fixtures, seating, tables,
and equipment are functional and free of significant cracks, trip
hazards, holes, deterioration that affects functionality or safety,
and other health and safety hazards.
   (R) School grounds, fields, walkways, and parking lot surfaces are
free of significant cracks, trip hazards, holes, deterioration that
affects functionality or safety, and other health and safety hazards.

   (S) Overall cleanliness of the school grounds, buildings, common
areas, and individual rooms demonstrates that all areas appear to
have been cleaned regularly and are free of accumulated refuse and
unabated graffiti. Restrooms, drinking fountains, and food
preparation or serving areas appear to have been cleaned each day
that the school is in session.
   (2) (A) On or before January 1, 2007, the Office of Public School
Construction shall develop the school facility inspection and
evaluation instrument and instructions for users. The school facility
inspection and evaluation instrument and local evaluation
instruments that meet the minimum criteria of this subdivision shall
include a system that will evaluate each facility, based on the
criteria listed in paragraph (1), on a scale of "good," "fair," or
"poor," as developed by the Office of Public School Construction, and
provide an overall summary of the conditions at each school on a
scale of "exemplary," "good," "fair," or "poor."
   (B) On or before July 1, 2007, the Office of Public School
Construction, in consultation with county offices of education, shall
define objective criteria for determining the overall summary of the
conditions of schools.
   (C) For purposes of this paragraph, "users" means local
educational agencies that participate in either of the programs
established pursuant to this chapter, Chapter 12.5 (commencing with
Section 17070.10), or Section 17582.
   (e) "Lease" includes a lease with an option to purchase.
   (f) "Project" means the facility being constructed or acquired by
the state for rental to the applicant school district and may include
the reconstruction or modernization of existing buildings,
construction of new buildings, the grading and development of sites,
acquisition of sites therefor and any easements or rights-of-way
pertinent thereto or necessary for its full use including the
development of streets and utilities.
   (g) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
  SEC. 21.  Section 18032 of the Education Code is amended to read:
   18032.  (a) Every public library that receives state funds
pursuant to this chapter and that provides public access to video
recordings shall, by a majority vote of the governing board, adopt a
policy regarding access by minors to video recordings by January 1,
2000.
   (b) Every public library that is required to adopt a policy
pursuant to subdivision (a) shall make that policy available to
members of the public at every library branch.
                        SEC. 22.  Section 19323 of the Education Code
is amended to read:
   19323.  The State Librarian shall make available in the state on a
loan basis to legally blind persons, or to persons with a disability
that prevents them from reading conventional printed materials,
audio recordings of books and other related materials. The audio
recordings shall be selected by the California State Library on the
same basis as the California State Library's general program for
providing library materials to legally blind readers.
  SEC. 23.  Section 32255 of the Education Code is amended to read:
   32255.  As used in this chapter:
   (a) "Animal" means any living organism of the kingdom animalia,
beings that typically differ from plants in capacity for spontaneous
movement and rapid motor response to stimulation by a usually greater
mobility with some degree of voluntary locomotor ability and by
greater irritability commonly mediated through a more or less
centralized nervous system, beings that are characterized by a
requirement for complex organic nutrients including proteins or their
constituents that are usually digested in an internal cavity before
assimilation into the body proper, and beings that are distinguished
from typical plants by lack of chlorophyll, by an inability to
perform photosynthesis, by cells that lack cellulose walls, and by
the frequent presence of discrete complex sense organs.
   (b) "Alternative education project" includes, but is not limited
to, the use of video recordings, models, films, books, and computers,
which would provide an alternate avenue for obtaining the knowledge,
information, or experience required by the course of study in
question. "Alternative education project" also includes "alternative
test."
   (c) "Pupil" means a person under 18 years of age who is
matriculated in a course of instruction in an educational institution
within the scope of Section 32255.5. For the purpose of asserting
the pupil's rights and receiving any notice or response pursuant to
this chapter, "pupil" also includes the parents of the matriculated
minor.
  SEC. 24.  Section 49091.10 of the Education Code is amended to
read:
   49091.10.  (a) All primary supplemental instructional materials
and assessments, including textbooks, teacher's manuals, films, audio
and video recordings, and software shall be compiled and stored by
the classroom instructor and made available promptly for inspection
by a parent or guardian in a reasonable timeframe or in accordance
with procedures determined by the governing board of the school
district.
   (b) A parent or guardian has the right to observe instruction and
other school activities that involve his or her child in accordance
with procedures determined by the governing board of the school
district to ensure the safety of pupils and school personnel and to
prevent undue interference with instruction or harassment of school
personnel. Reasonable accommodation of parents and guardians shall be
considered by the governing board of the school district. Upon
written request by the parent or guardian, school officials shall
arrange for the parental observation of the requested class or
classes or activities by that parent or guardian in a reasonable
timeframe and in accordance with procedures determined by the
governing board of the school district.
  SEC. 25.  Section 52740 of the Education Code is amended to read:
   52740.  (a) It is the intent of the Legislature to provide
accurate instructional materials to schools on all of the following
topics:
   (1) The internment in the United States of persons of Japanese
origin and its impact on Japanese American citizens.
   (2) The Armenian genocide.
   (3) The World War II internment, relocation, and restriction in
the United States of persons of Italian origin and its impact on the
Italian American community.
   (b) The Legislature finds and declares that there are few films or
video recordings available on the subjects of the internment of
persons of Japanese origin, the Armenian genocide, and the World War
II internment, relocation, and restriction of persons of Italian
origin for teachers to use when teaching pupils about these three
devastating events. The shortage of available films or video
recordings on these subjects is especially true for the Armenian
genocide.
   (c) The Legislature hereby finds and declares that films and video
recordings giving a historically accurate depiction of the
internment in the United States of persons of Japanese origin during
World War II, the Armenian genocide, and the World War II internment,
relocation, and restriction of persons of Italian origin should be
made in order that pupils will recognize these events for the horror
they represented. The Legislature hereby encourages teachers to use
these films and video recordings as a resource in teaching pupils
about these three important historical events that are commonly
overlooked in today's school curriculum.
  SEC. 26.  Section 52742 of the Education Code is amended to read:
   52742.  The films or video recordings produced pursuant to this
article shall be submitted to the Curriculum Development and
Supplemental Materials Commission for its review, and may be made
available to schools, as provided by this article, only upon adoption
by the Curriculum Development and Supplemental Materials Commission.

  SEC. 27.  Section 52743 of the Education Code is amended to read:
   52743.  The State Department of Education shall make available the
films or video recordings produced pursuant to this article to
schools.
  SEC. 28.  Section 56341.1 of the Education Code is amended to read:

   56341.1.  (a) When developing each pupil's individualized
education program, the individualized education program team shall
consider the following:
   (1) The strengths of the pupil.
   (2) The concerns of the parents or guardians for enhancing the
education of the pupil.
   (3) The results of the initial assessment or most recent
assessment of the pupil.
   (4) The academic, developmental, and functional needs of the
child.
   (b) The individualized education program team shall do the
following:
   (1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior.
   (2) In the case of a pupil with limited English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
   (3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille, and the use of braille, unless
the individualized education program team determines, after an
assessment of the pupil's reading and writing skills, needs, and
appropriate reading and writing media, including an assessment of the
pupil's future needs for instruction in braille or the use of
braille, that instruction in braille or the use of braille is not
appropriate for the pupil.
   (4) Consider the communication needs of the pupil, and in the case
of a pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
   (5) Consider whether the pupil requires assistive technology
devices and services as defined in Section 1401(1) and (2) of Title
20 of the United States Code.
   (c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
   (d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revise the individualized education
program, as appropriate, to address, among other matters, the
following:
   (1) Any lack of expected progress toward the annual goals and in
the general education curriculum, where appropriate.
   (2) The results of any reassessment conducted pursuant to Section
56381.
   (3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
   (4) The pupil's anticipated needs.
   (5)  Any other relevant matter.
   (e) A regular education teacher of the pupil, who is a member of
the individualized education program team, shall participate in the
review and revision of the individualized education program of the
pupil consistent with Section 1414(d)(1)(C) of Title 20 of the United
States Code.
   (f) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
   (g) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian or local educational agency shall have the right to audio
record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall
notify the members of the individualized education program team of
their intent to record a meeting at least 24 hours prior to the
meeting. If the local educational agency initiates the notice of
intent to audio record a meeting and the parent or guardian objects
or refuses to attend the meeting because it will be audio recorded,
the meeting shall not be audio recorded.
   (2) The Legislature hereby finds as follows:
   (A) Under federal law, audio recordings made by a local
educational agency are subject to the federal Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are
subject to the confidentiality requirements of the regulations under
Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of
Federal Regulations.
   (B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
   (i) Inspect and review the audio recordings.
   (ii) Request that the audio recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
   (iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
   (h) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
  SEC. 29.  Section 60204 of the Education Code is amended to read:
   60204.  The commission shall:
   (a) Recommend curriculum frameworks to the state board.
   (b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and comply with
the provisions of Article 3 (commencing with Section 60040) of
Chapter 1. The criteria developed by the commission shall be
consistent with the duties of the state board pursuant to Section
60200. The criteria shall be public information and shall be provided
in written or printed form to any person requesting such
information.
   (c) Study and evaluate instructional materials submitted for
adoption.
   (d) Recommend to the state board instructional materials that it
approves for adoption.
   (e) Review and have the authority to adopt the educational films
or video recordings produced in accordance with Article 3 (commencing
with Section 52740) of Chapter 11 of Part 28.
   (f) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
  SEC. 30.  Section 2052 of the Elections Code is amended to read:
   2052.  It is the intent of the Legislature to promote the
fundamental right to vote of visually impaired individuals, and to
make efforts to improve public awareness of the availability of
ballot pamphlet audio recordings and improve their delivery to these
voters.
  SEC. 31.  Section 2053 of the Elections Code is amended to read:
   2053.  (a) The Secretary of State shall establish a Visually
Impaired Voter Assistance Advisory Board. This board shall consist of
the Secretary of State or his or her designee and the following
membership, appointed by the Secretary of State:
   (1) A representative from the State Advisory Council on Libraries.

   (2) One member from each of three private organizations. Two of
the organizations shall be representative of organizations for blind
persons in the state.
   (b) The board shall do all of the following:
   (1) Establish guidelines for reaching as many visually impaired
persons as practical.
   (2) Make recommendations to the Secretary of State for improving
the availability and accessibility of ballot pamphlet audio
recordings and their delivery to visually impaired voters. The
Secretary of State may implement the recommendations made by the
board.
   (3) Increase the distribution of public service announcements
identifying the availability of ballot pamphlet audio recordings at
least 45 days before any federal, state, and local election.
   (4) Promote the Secretary of State's toll-free voter registration
telephone line for citizens needing voter registration information,
including information for those who are visually handicapped, and the
toll-free telephone service regarding the California State Library
and regional library service for the visually impaired.
   (c) No member shall receive compensation, but each member shall be
reimbursed for his or her reasonable and necessary expenses in
connection with service on the board.
  SEC. 32.  Section 9082.5 of the Elections Code is amended to read:
   9082.5.  The Secretary of State shall cause to be produced an
audio recorded version of the state ballot pamphlet. This audio
recorded version shall be made available in quantities to be
determined by the Secretary of State and shall contain an impartial
summary, arguments for and against, rebuttal arguments, and other
information concerning each measure that the Secretary of State
determines will make the audio recorded version of the state ballot
pamphlet easier to understand or more useful to the average voter.
  SEC. 33.  Section 18541 of the Elections Code is amended to read:
   18541.  (a) No person shall, with the intent of dissuading another
person from voting, within 100 feet of a polling place, do any of
the following:
   (1) Solicit a vote or speak to a voter on the subject of marking
his or her ballot.
   (2) Place a sign relating to voters' qualifications or speak to a
voter on the subject of his or her qualifications except as provided
in Section 14240.
   (3) Photograph, video record, or otherwise record a voter entering
or exiting a polling place.
   (b) Any violation of this section is punishable by imprisonment in
a county jail for not more than 12 months, or in the state prison.
Any person who conspires to violate this section is guilty of a
felony.
   (c) For purposes of this section, 100 feet means a distance of 100
feet from the room or rooms in which voters are signing the roster
and casting ballots.
  SEC. 34.  Section 795 of the Evidence Code is amended to read:
   795.  (a) The testimony of a witness is not inadmissible in a
criminal proceeding by reason of the fact that the witness has
previously undergone hypnosis for the purpose of recalling events
that are the subject of the witness's testimony, if all of the
following conditions are met:
   (1) The testimony is limited to those matters that the witness
recalled and related prior to the hypnosis.
   (2) The substance of the prehypnotic memory was preserved in a
writing, audio recording, or video recording prior to the hypnosis.
   (3) The hypnosis was conducted in accordance with all of the
following procedures:
   (A) A written record was made prior to hypnosis documenting the
subject's description of the event, and information that was provided
to the hypnotist concerning the subject matter of the hypnosis.
   (B) The subject gave informed consent to the hypnosis.
   (C) The hypnosis session, including the pre- and post-hypnosis
interviews, was video recorded for subsequent review.
   (D) The hypnosis was performed by a licensed medical doctor,
psychologist, licensed clinical social worker, or a licensed marriage
and family therapist experienced in the use of hypnosis and
independent of and not in the presence of law enforcement, the
prosecution, or the defense.
   (4) Prior to admission of the testimony, the court holds a hearing
pursuant to Section 402 at which the proponent of the evidence
proves by clear and convincing evidence that the hypnosis did not so
affect the witness as to render the witness's prehypnosis
recollection unreliable or to substantially impair the ability to
cross-examine the witness concerning the witness's prehypnosis
recollection. At the hearing, each side shall have the right to
present expert testimony and to cross-examine witnesses.
   (b) Nothing in this section shall be construed to limit the
ability of a party to attack the credibility of a witness who has
undergone hypnosis, or to limit other legal grounds to admit or
exclude the testimony of that witness.
  SEC. 35.  Section 1118 of the Evidence Code is amended to read:
   1118.  An oral agreement "in accordance with Section 1118" means
an oral agreement that satisfies all of the following conditions:
   (a) The oral agreement is recorded by a court reporter or reliable
means of audio recording.
   (b) The terms of the oral agreement are recited on the record in
the presence of the parties and the mediator, and the parties express
on the record that they agree to the terms recited.
   (c) The parties to the oral agreement expressly state on the
record that the agreement is enforceable, or binding or words to that
effect.
   (d) The recording is reduced to writing and the writing is signed
by the parties within 72 hours after it is recorded.
  SEC. 36.  Section 1294 of the Evidence Code is amended to read:
   1294.  (a) The following evidence of prior inconsistent statements
of a witness properly admitted in a preliminary hearing or trial of
the same criminal matter pursuant to Section 1235 is not made
inadmissible by the hearsay rule if the witness is unavailable and
former testimony of the witness is admitted pursuant to Section 1291:

   (1) A video recorded statement introduced at a preliminary hearing
or prior proceeding concerning the same criminal matter.
   (2) A transcript, containing the statements, of the preliminary
hearing or prior proceeding concerning the same criminal matter.
   (b) The party against whom the prior inconsistent statements are
offered, at his or her option, may examine or cross-examine any
person who testified at the preliminary hearing or prior proceeding
as to the prior inconsistent statements of the witness.
  SEC. 37.  Section 3170 of the Family Code is amended to read:
   3170.  (a) If it appears on the face of a petition, application,
or other pleading to obtain or modify a temporary or permanent
custody or visitation order that custody, visitation, or both are
contested, the court shall set the contested issues for mediation.
   (b) Domestic violence cases shall be handled by Family Court
Services in accordance with a separate written protocol approved by
the Judicial Council. The Judicial Council shall adopt guidelines for
services, other than services provided under this chapter, that
counties may offer to parents who have been unable to resolve their
disputes. These services may include, but are not limited to, parent
education programs, booklets, video recordings, or referrals to
additional community resources.
  SEC. 38.  Section 7572 of the Family Code is amended to read:
   7572.  (a) The Department of Child Support Services, in
consultation with the State Department of Health Services, the
California Association of Hospitals and Health Systems, and other
affected health provider organizations, shall work cooperatively to
develop written materials to assist providers and parents in
complying with this chapter. This written material shall be updated
periodically by the Department of Child Support Services to reflect
changes in law, procedures, or public need.
   (b) The written materials for parents which shall be attached to
the form specified in Section 7574 and provided to unmarried parents
shall contain the following information:
   (1) A signed voluntary declaration of paternity that is filed with
the Department of Child Support Services legally establishes
paternity.
   (2) The legal rights and obligations of both parents and the child
that result from the establishment of paternity.
   (3) An alleged father's constitutional rights to have the issue of
paternity decided by a court; to notice of any hearing on the issue
of paternity; to have an opportunity to present his case to the
court, including his right to present and cross-examine witnesses; to
have an attorney represent him; and to have an attorney appointed to
represent him if he cannot afford one in a paternity action filed by
a local child support agency.
   (4) That by signing the voluntary declaration of paternity, the
father is voluntarily waiving his constitutional rights.
   (c) Parents shall also be given oral notice of the rights and
responsibilities specified in subdivision (b). Oral notice may be
accomplished through the use of audio or video recorded programs
developed by the Department of Child Support Services to the extent
permitted by federal law.
   (d) The Department of Child Support Services shall, free of
charge, make available to hospitals, clinics, and other places of
birth any and all informational and training materials for the
program under this chapter, as well as the paternity declaration
form. The Department of Child Support Services shall make training
available to every participating hospital, clinic, local registrar of
births and deaths, and other place of birth no later than June 30,
1999.
   (e) The Department of Child Support Services may adopt
regulations, including emergency regulations, necessary to implement
this chapter.
  SEC. 39.  Section 10005 of the Family Code is amended to read:
   10005.  (a) By local rule, the superior court may designate
additional duties of the family law facilitator, which may include,
but are not limited to, the following:
   (1) Meeting with litigants to mediate issues of child support,
spousal support, and maintenance of health insurance, subject to
Section 10012. Actions in which one or both of the parties are
unrepresented by counsel shall have priority.
   (2) Drafting stipulations to include all issues agreed to by the
parties, which may include issues other than those specified in
Section 10003.
   (3) If the parties are unable to resolve issues with the
assistance of the family law facilitator, prior to or at the hearing,
and at the request of the court, the family law facilitator shall
review the paperwork, examine documents, prepare support schedules,
and advise the judge whether or not the matter is ready to proceed.
   (4) Assisting the clerk in maintaining records.
   (5) Preparing formal orders consistent with the court's announced
order in cases where both parties are unrepresented.
   (6) Serving as a special master in proceedings and making findings
to the court unless he or she has served as a mediator in that case.

   (7) Providing the services specified in Section 10004 concerning
the issues of child custody and visitation as they relate to
calculating child support, if funding is provided for that purpose.
   (b) If staff and other resources are available and the duties
listed in subdivision (a) have been accomplished, the duties of the
family law facilitator may also include the following:
   (1) Assisting the court with research and any other
responsibilities that will enable the court to be responsive to the
litigants' needs.
   (2) Developing programs for bar and community outreach through day
and evening programs, video recordings, and other innovative means
that will assist unrepresented and financially disadvantaged
litigants in gaining meaningful access to family court. These
programs shall specifically include information concerning
underutilized legislation, such as expedited child support orders
(Chapter 5 (commencing with Section 3620) of Part 1 of Division 9),
and preexisting, court-sponsored programs, such as supervised
visitation and appointment of attorneys for children.
  SEC. 40.  Section 20034 of the Family Code is amended to read:
   20034.  (a) An attorney, known as an Attorney-Mediator, shall be
hired to assist the court in resolving child and spousal support
disputes, to develop community outreach programs, and to undertake
other duties as assigned by the court.
   (b) The Attorney-Mediator shall be an attorney, licensed to
practice in this state, with mediation or litigation experience, or
both, in the field of family law.
   (c) By local rule, the superior court may designate the duties of
the Attorney-Mediator, which may include, but are not limited to, the
following:
   (1) Meeting with litigants to mediate issues of child support,
spousal support, and maintenance of health insurance. Actions in
which one or both of the parties are unrepresented by counsel shall
have priority.
   (2) Preparing support schedules based on statutory guidelines
accessed through existing up-to-date computer technology.
   (3) Drafting stipulations to include all issues agreed to by the
parties, which may include issues other than those specified in
Section 20031.
   (4) If the parties are unable to resolve issues with the
assistance of the Attorney-Mediator, prior to or at the hearing, and
at the request of the court, the
          Attorney-Mediator shall review the paperwork, examine
documents, prepare support schedules, and advise the judge whether or
not the matter is ready to proceed.
   (5) Assisting the clerk in maintaining records.
   (6) Preparing formal orders consistent with the court's announced
order in cases where both parties are unrepresented.
   (7) Serving as a special master to hearing proceedings and making
findings to the court unless he or she has served as a mediator in
that case.
   (8) Assisting the court with research and any other
responsibilities that will enable the court to be responsive to the
litigants' needs.
   (9) Developing programs for bar and community outreach through day
and evening programs, video recordings, and other innovative means
that will assist unrepresented and financially disadvantaged
litigants in gaining meaningful access to family court. These
programs shall specifically include information concerning
underutilized legislation, such as expedited temporary support orders
(Chapter 5 (commencing with Section 3620) of Part 1 of Division 9),
modification of support orders (Article 3 (commencing with Section
3680) of Chapter 6 of Part 1 of Division 9), and preexisting,
court-sponsored programs, such as supervised visitation and
appointment of attorneys for children.
   (d) The court shall develop a protocol wherein all litigants, both
unrepresented by counsel and represented by counsel, have ultimate
access to a hearing before the court.
  SEC. 41.  Section 8880.30 of the Government Code is amended to
read:
   8880.30.  The commission shall promulgate regulations that specify
the method for determining winners in each lottery game, provided:
   (a) A lottery game may be based on the results of a horse race
with the consent of the association conducting the race and the
California Horse Racing Board. Any compensation received by an
association for the use of its races to determine the winners of a
lottery game shall be divided equally between commissions and purses.

   (b) If a lottery game utilizes a drawing of winning numbers, a
drawing among entries, or a drawing among finalists, the drawings
shall always be open to the public. No manual or physical selection
in the drawings shall be conducted by any employee of the Lottery.
Except for computer automated drawings, drawings shall be witnessed
by an independent lottery contractor having qualifications
established by the commission. Any equipment used in the drawings
shall be inspected by the independent lottery contractor and an
employee of the Lottery both before and after the drawings. The
drawings and the inspections shall be both audio and video recorded.
   (c) It is the intent of this chapter that the commission may use
any of a variety of existing or future methods or technologies in
determining winners.
  SEC. 42.  Section 11124.1 of the Government Code is amended to
read:
   11124.1.  (a) Any person attending an open and public meeting of
the state body shall have the right to record the proceedings with an
audio or video recorder or a still or motion picture camera in the
absence of a reasonable finding by the state body that the recording
cannot continue without noise, illumination, or obstruction of view
that constitutes, or would constitute, a persistent disruption of the
proceedings.
   (b) Any audio or video recording of an open and public meeting
made for whatever purpose by or at the direction of the state body
shall be subject to inspection pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), but may be erased or destroyed 30 days after the
recording. Any inspection of an audio or video recording shall be
provided without charge on equipment made available by the state
body.
   (c) No state body shall prohibit or otherwise restrict the
broadcast of its open and public meetings in the absence of a
reasonable finding that the broadcast cannot be accomplished without
noise, illumination, or obstruction of view that would constitute a
persistent disruption of the proceedings.
  SEC. 43.  Section 11130 of the Government Code is amended to read:
   11130.  (a) The Attorney General, the district attorney, or any
interested person may commence an action by mandamus, injunction, or
declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this article or to determine
the applicability of this article to past actions or threatened
future action by members of the state body or to determine whether
any rule or action by the state body to penalize or otherwise
discourage the expression of one or more of its members is valid or
invalid under the laws of this state or of the United States, or to
compel the state body to audio record its closed sessions as
hereinafter provided.
   (b) The court in its discretion may, upon a judgment of a
violation of Section 11126, order the state body to audio record its
closed sessions and preserve the audio recordings for the period and
under the terms of security and confidentiality the court deems
appropriate.
   (c) (1) Each recording so kept shall be immediately labeled with
the date of the closed session recorded and the title of the clerk or
other officer who shall be custodian of the recording.
   (2) The audio recordings shall be subject to the following
discovery procedures:
   (A) In any case in which discovery or disclosure of the audio
recording is sought by the Attorney General, the district attorney,
or the plaintiff in a civil action pursuant to this section or
Section 11130.3 alleging that a violation of this article has
occurred in a closed session that has been recorded pursuant to this
section, the party seeking discovery or disclosure shall file a
written notice of motion with the appropriate court with notice to
the governmental agency that has custody and control of the audio
recording. The notice shall be given pursuant to subdivision (b) of
Section 1005 of the Code of Civil Procedure.
   (B) The notice shall include, in addition to the items required by
Section 1010 of the Code of Civil Procedure, all of the following:
   (i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure, the
date and time of the meeting recorded, and the governmental agency
that has custody and control of the recording.
   (ii) An affidavit that contains specific facts indicating that a
violation of the act occurred in the closed session.
   (3) If the court, following a review of the motion, finds that
there is good cause to believe that a violation has occurred, the
court may review, in camera, the recording of that portion of the
closed session alleged to have violated the act.
   (4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to
materially assist in the resolution of the litigation alleging
violation of this article, the court shall, in its discretion, make a
certified transcript of the portion of the recording a public
exhibit in the proceeding.
   (5) Nothing in this section shall permit discovery of
communications that are protected by the attorney-client privilege.
  SEC. 44.  Section 12811.3 of the Government Code is amended to
read:
   12811.3.  (a) Notwithstanding any other provision of law and
subject to the provisions of subdivision (i), any employee of a
department, board, or commission under the jurisdiction of the Youth
and Adult Correctional Agency, who is designated as a peace officer
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, may transfer from his or her current
position to another department, board, or commission under the
jurisdiction of the Youth and Adult Correctional Agency.
   (b) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a), and who
is prohibited from carrying a firearm pursuant to paragraph (8) of
subdivision (g) of Section 922 of Title 18 of the United States Code
or Section 12021 of the Penal Code shall not transfer to a
department, board, or commission that requires the use of a firearm.
   (c) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a) to a
position requiring the ability to carry a firearm, as determined by
the department, board, or commission, and who has not completed the
required training pursuant to Section 832 of the Penal Code, shall
successfully complete the required training before appointment to his
or her new peace officer position.
   (d) (1) Any peace officer who desires to transfer shall not be
required to undergo a psychological screening pursuant to subdivision
(f) of Section 1031 of this code or subdivision (a) of Section 13601
of the Penal Code, unless the Secretary of the Youth and Adult
Correctional Agency, or his or her designee, makes a determination
that a peace officer is required to undergo all or a portion of a
psychological screening as described in subdivision (f) of Section
1031 of this code or subdivision (a) of Section 13601 of the Penal
Code.
   (2) The Secretary of the Youth and Adult Correctional Agency shall
promulgate emergency regulations in order to implement paragraph
(1). Notwithstanding subdivision (b) of Section 11346.1, no showing
of an emergency shall be necessary in order to adopt, amend, or
repeal the emergency regulations required by this paragraph.
   (e) Any peace officer who has successfully completed a course of
training pursuant to Section 13602 of the Penal Code and who
transfers to another department, board, or commission pursuant to
subdivision (a) shall not be required to complete a new course of
training pursuant to Section 13602 of the Penal Code. However, each
department, board, or commission may prescribe additional training to
be provided to an employee who transfers pursuant to subdivision (a)
and shall provide that training within the first six months of
appointment to his or her new peace officer position.
   (f) Any peace officer who desires to transfer to another
department, board, or commission pursuant to subdivision (a) shall
not be required to undergo a new background investigation pursuant to
Section 1029.1.
   (g) Nothing in this section shall affect an employee's seniority
calculation as provided for under current law or any memorandum of
understanding between the state and any applicable bargaining unit
agreement in effect upon the effective date of this section.
   (h) The provisions of the Unit 6 Memorandum of Understanding,
which expires July 2, 2006, as modified by the ratified addendum
dated June 30, 2004, relating to the release of copies of video
recorded incidents, shall be subject to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1).
   (i) This section shall become operative only when the Secretary of
the Youth and Adult Correctional Agency certifies in writing that it
is necessary to prevent or minimize employment actions, including,
but not limited to, layoffs, demotions, reductions in time base, or
involuntary transfers of employees. In addition, the Secretary of the
Youth and Adult Correctional Agency shall have the sole authority to
designate any or all departments, boards, or commissions eligible to
have its peace officer employees transfer pursuant to subdivision
(a) and any or all departments, boards, or commissions that shall
accept peace officer employees under this section.
  SEC. 45.  Section 14999.31 of the Government Code is amended to
read:
   14999.31.  The Film Office and its director shall encourage the
use of the uniform application form described in Section 14999.32 for
obtaining a local permit to engage in film production within the
jurisdiction of a county, city, or city and county. As used in this
chapter "film" includes, but is not limited to, feature motion
pictures, video recordings, television motion pictures, commercials,
and stills. "Production" means the activity of making a film for
commercial or noncommercial purposes on property owned by a county,
city, or city and county, or on private property within the
jurisdiction of a county, city, or city and county.
  SEC. 46.  Section 26202.6 of the Government Code is amended to
read:
   26202.6.  (a) Notwithstanding the provisions of Sections 26202,
26205, and 26205.1, the head of a department of a county, after one
year, may destroy recordings of routine video monitoring, and after
100 days may destroy recordings of telephone and radio communications
maintained by the department. This destruction shall be approved by
the legislative body and the written consent of the agency attorney
shall be obtained. In the event that the recordings are evidence in
any claim filed or any pending litigation, they shall be preserved
until pending litigation is resolved.
   (b) For purposes of this section, "recordings of telephone and
radio communications" means the routine daily recording of telephone
communications to and from a county and all radio communications
relating to the operations of the departments.
   (c) For purposes of this section, "routine video monitoring" means
video recording by a video or electronic imaging system designed to
record the regular and ongoing operations of the departments
described in subdivision (a), including mobile in-car video systems,
jail observation and monitoring systems, and building security
recording systems.
   (d) For purposes of this section, "department" includes a public
safety communications center operated by the county and the governing
board of any special district the membership of which is the same as
the membership of the board of supervisors.
  SEC. 47.  Section 26206.7 of the Government Code is amended to
read:
   26206.7.  Notwithstanding the provisions of Section 26202, the
legislative body of a county may prescribe a procedure whereby
duplicates of county records less than two years old may be destroyed
if they are no longer required.
   For purposes of this section, video recording media, including
recordings of "routine video monitoring" pursuant to Section 26202.6,
shall be considered duplicate records if the county keeps another
record, such as written minutes or an audio recording, of the event
that is recorded in the video medium. However, a video recording
medium shall not be destroyed or erased pursuant to this section for
a period of at least 90 days after occurrence of the event recorded
thereon.
  SEC. 48.  Section 26206.8 of the Government Code is amended to
read:
   26206.8.  (a) When installing new security systems, a transit
agency operated by a county shall only purchase and install equipment
capable of storing recorded images for at least one year, unless all
of the following conditions apply:
   (1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
   (2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
   (3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
   (b) Notwithstanding any other provision of law, video recordings
or other recordings made by security systems operated as part of a
public transit system shall be retained for one year, unless one of
the following conditions applies:
   (1) The video recordings or other recordings are evidence in any
claim filed or any pending litigation, in which case the video
recordings or other recordings shall be preserved until the claim or
the pending litigation is resolved.
   (2) The video recordings or other recordings recorded an event
that was or is the subject of an incident report, in which case the
video recordings or other recordings shall be preserved until the
incident is resolved.
   (3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the video recordings
or other recordings shall be preserved for as long as the installed
technology allows.
  SEC. 49.  Section 27491.47 of the Government Code is amended to
read:
   27491.47.  (a) Notwithstanding any other provision of law, the
coroner may, in the course of an autopsy, remove and release or
authorize the removal and release of corneal eye tissue from a body
within the coroner's custody, if all of the following conditions are
met:
   (1) The autopsy has otherwise been authorized.
   (2) The coroner has no knowledge of objection to the removal and
release of corneal tissue having been made by the decedent or any
other person specified in Section 7151 of the Health and Safety Code
and has obtained any one of the following:
   (A) A dated and signed written consent by the donor or any other
person specified in Section 7151 of the Health and Safety Code on a
form that clearly indicates the general intended use of the tissue
and contains the signature of at least one witness.
   (B) Proof of the existence of a recorded telephonic consent by the
donor or any other person specified in Section 7151 of the Health
and Safety Code in the form of an audio recording of the conversation
or a transcript of the recorded conversation, which indicates the
general intended use of the tissue.
   (C) A document recording a verbal telephonic consent by the donor
or any other person specified in Section 7151 of the Health and
Safety Code, witnessed and signed by no fewer than two members of the
requesting entity, hospital, eye bank, or procurement organization,
memorializing the consenting person's knowledge of and consent to the
general intended use of the gift.
   The form of consent obtained under subparagraph (A), (B), or (C)
shall be kept on file by the requesting entity and the official
agency for a minimum of three years.
   (3) The removal of the tissue will not unnecessarily mutilate the
body, be accomplished by enucleation, nor interfere with the autopsy.

   (4) The tissue will be removed by a coroner, licensed physician
and surgeon, or a trained transplant technician.
   (5) The tissue will be released to a public or nonprofit facility
for transplant, therapeutic, or scientific purposes.
   (b) Neither the coroner nor medical examiner authorizing the
removal of the corneal tissue, nor any hospital, medical center,
tissue bank, storage facility, or person acting upon the request,
order, or direction of the coroner or medical examiner in the removal
of corneal tissue pursuant to this section, shall incur civil
liability for the removal in an action brought by any person who did
not object prior to the removal of the corneal tissue, nor be subject
to criminal prosecution for the removal of the corneal tissue
pursuant to this section.
   (c) This section shall not be construed to interfere with the
ability of a person to make an anatomical gift pursuant to the
Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code).
  SEC. 50.  Section 34090.6 of the Government Code is amended to
read:
   34090.6.  (a) Notwithstanding the provisions of Section 34090, the
head of a department of a city or city and county, after one year,
may destroy recordings of routine video monitoring, and after 100
days may destroy recordings of telephone and radio communications
maintained by the department. This destruction shall be approved by
the legislative body and the written consent of the agency attorney
shall be obtained. In the event that the recordings are evidence in
any claim filed or any pending litigation, they shall be preserved
until pending litigation is resolved.
   (b) For purposes of this section, "recordings of telephone and
radio communications" means the routine daily recording of telephone
communications to and from a city, city and county, or department,
and all radio communications relating to the operations of the
departments.
   (c) For purposes of this section, "routine video monitoring" means
video recording by a video or electronic imaging system designed to
record the regular and ongoing operations of the departments
described in subdivision (a), including mobile in-car video systems,
jail observation and monitoring systems, and building security
recording systems.
   (d) For purposes of this section, "department" includes a public
safety communications center operated by the city or city and county.

  SEC. 51.  Section 34090.7 of the Government Code is amended to
read:
   34090.7.  Notwithstanding the provisions of Section 34090, the
legislative body of a city may prescribe a procedure whereby
duplicates of city records less than two years old may be destroyed
if they are no longer required.
   For purposes of this section, video recording media, including
recordings of "routine video monitoring" pursuant to Section 34090.6,
shall be considered duplicate records if the city keeps another
record, such as written minutes or an audio recording, of the event
that is recorded in the video medium. However, a video recording
medium shall not be destroyed or erased pursuant to this section for
a period of at least 90 days after occurrence of the event recorded
thereon.
  SEC. 52.  Section 34090.8 of the Government Code is amended to
read:
   34090.8.  (a) When installing new security systems, a transit
agency operated by a city or city and county shall only purchase and
install equipment capable of storing recorded images for at least one
year, unless all of the following conditions apply:
   (1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
   (2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
   (3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
   (b) Notwithstanding any other provision of law, video recordings
or other recordings made by security systems operated as part of a
public transit system shall be retained for one year, unless one of
the following conditions applies:
   (1) The video recordings or other recordings are evidence in any
claim filed or any pending litigation, in which case the video
recordings or other recordings shall be preserved until the claim or
the pending litigation is resolved.
   (2) The video recordings or other recordings recorded an event
that was or is the subject of an incident report, in which case the
video recordings or other recordings shall be preserved until the
incident is resolved.
   (3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the video recordings
or other recordings shall be preserved for as long as the installed
technology allows.
  SEC. 53.  Section 50028 of the Government Code is amended to read:
   50028.  (a) The legislative body of any county, city, or city and
county, whether general law or chartered, may adopt, by ordinance,
such rules and regulations as it deems necessary, which require any
coin-operated viewing machine to have permanently attached thereto a
tally counter that will count each coin, and accumulate that count or
the accumulated amount of money, deposited in the coin-operated
viewing machine. The tally counter shall be resistant to tampering,
and shall not be capable of being reset to a lower number, and shall
display the count in such a manner that the accumulated total is
readily visible near the coin insertion slot or opening. For purposes
of this section, "coin-operated viewing machine" means any
projector, machine, television, or other device that displays for
viewing motion pictures, projection slides, filmstrips, photographic
pictures, video recordings, or drawings, and that is operated by the
viewer, or for the viewer, by means of inserting a coin into the
device, an attachment thereto, an enclosure surrounding the device,
or any other device electrically or mechanically connected thereto.
For purposes of this section, "coin" means any physical object,
including, but not limited to, a piece of metal issued by the federal
government as money. "Coin-operated viewing machine" does not
include an electronic video game of skill wherein the image is
created, generated, or synthesized electronically, or coin-operated
television receivers that display commercial or public service
broadcasts.
   (b) Notwithstanding any other provision of law, any county
ordinance adopted pursuant to this section shall be enforceable
within the incorporated, as well as the unincorporated, area of the
county, whether general law or chartered, unless a city ordinance in
direct conflict with that county ordinance has been adopted, in which
case the county ordinance shall be enforceable in the area of the
county outside the city.
   (c) (1) Any person who violates the provisions of the ordinance
adopted pursuant to this section shall be subject to a civil penalty
not to exceed ten thousand dollars ($10,000) for each machine and
each day in which a violation occurs.
   (2) In determining the amount of the penalty, the court shall take
into consideration all relevant circumstances, including, but not
limited to, the frequency of inspection, the cashflow through the
machine, the amount of revenue derived by other machines in the
vicinity, prior revenues generated, the nature and persistence of the
violation, and prior violations by the same person or establishment.

   (d) No peace officer, as defined in Section 830 of the Penal Code,
shall check tally counters, provided, however, that an ordinance
adopted pursuant to this section may provide for checking of tally
counters by a person or persons employed by the adopting county,
city, or city and county, other than a peace officer, on a
predetermined schedule.
   (e) The provisions of this section shall not be construed to
limit, or otherwise affect, any other power of a county, city, or
city and county to license, tax, or regulate business or commercial
enterprises or property within their jurisdiction, but shall be in
addition to those powers.
  SEC. 54.  Section 53160 of the Government Code is amended to read:
   53160.  (a) The head of a special district, after one year, may
destroy recordings of routine video monitoring, and after 100 days
may destroy recordings of telephone and radio
                                communications maintained by the
special district. This destruction shall be approved by the
legislative body and the written consent of the agency attorney shall
be obtained. In the event that the recordings are evidence in any
claim filed or any pending litigation, they shall be preserved until
pending litigation is resolved.
   (b) For purposes of this article, "recordings of telephone and
radio communications" means the routine daily recording of telephone
communications to and from a special district, and all radio
communications relating to the operations of the special district.
   (c) For purposes of this article, "routine video monitoring" means
video recording by a video or electronic imaging system designed to
record the regular and ongoing operations of the special district,
including mobile in-car video systems, jail observation and
monitoring systems, and building security recording systems.
   (d) For purposes of this article, "special district" shall have
the same meaning as "public agency," as that term is defined in
Section 53050.
  SEC. 55.  Section 53161 of the Government Code is amended to read:
   53161.  Notwithstanding Section 53160, the legislative body of a
special district may prescribe a procedure whereby duplicates of
special district records less than two years old may be destroyed if
they are no longer required.
   For purposes of this section, video recording media, including
recordings of "routine video monitoring" pursuant to Section 53160,
shall be considered duplicate records if the special district keeps
another record, such as written minutes or an audio recording, of the
event that is recorded in the video medium. However, a video
recording medium shall not be destroyed or erased pursuant to this
section for at least 90 days after occurrence of the event recorded
thereon.
  SEC. 56.  Section 53162 of the Government Code is amended to read:
   53162.  (a) When installing new security systems, a transit agency
operated by a special district shall only purchase and install
equipment capable of storing recorded images for at least one year,
unless all of the following conditions apply:
   (1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
   (2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
   (3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
   (b) Notwithstanding any other provision of law, video recordings
or other recordings made by security systems operated as part of a
public transit system shall be retained for one year, unless one of
the following conditions applies:
   (1) The video recordings or other recordings are evidence in any
claim filed or any pending litigation, in which case the video
recordings or other recordings shall be preserved until the claim or
the pending litigation is resolved.
   (2) The video recordings or other recordings recorded an event
that was or is the subject of an incident report, in which case the
video recordings or other recordings shall be preserved until the
incident is resolved.
   (3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the video recordings
or other recordings shall be preserved for as long as the installed
technology allows.
  SEC. 57.  Section 54953.5 of the Government Code is amended to
read:
   54953.5.  (a) Any person attending an open and public meeting of a
legislative body of a local agency shall have the right to record
the proceedings with an audio or video recorder or a still or motion
picture camera in the absence of a reasonable finding by the
legislative body of the local agency that the recording cannot
continue without noise, illumination, or obstruction of view that
constitutes, or would constitute, a persistent disruption of the
proceedings.
   (b) Any audio or video recording of an open and public meeting
made for whatever purpose by or at the direction of the local agency
shall be subject to inspection pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), but, notwithstanding Section 34090, may be erased or
destroyed 30 days after the recording. Any inspection of an audio or
video recording shall be provided without charge on equipment made
available by the local agency.
  SEC. 58.  Section 54960 of the Government Code is amended to read:
   54960.  (a) The district attorney or any interested person may
commence an action by mandamus, injunction, or declaratory relief for
the purpose of stopping or preventing violations or threatened
violations of this chapter by members of the legislative body of a
local agency or to determine the applicability of this chapter to
actions or threatened future action of the legislative body, or to
determine whether any rule or action by the legislative body to
penalize or otherwise discourage the expression of one or more of its
members is valid or invalid under the laws of this state or of the
United States, or to compel the legislative body to audio record its
closed sessions as hereinafter provided.
   (b) The court in its discretion may, upon a judgment of a
violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or
54957.6, order the legislative body to audio record its closed
sessions and preserve the audio recordings for the period and under
the terms of security and confidentiality the court deems
appropriate.
   (c) (1) Each recording so kept shall be immediately labeled with
the date of the closed session recorded and the title of the clerk or
other officer who shall be custodian of the recording.
   (2) The audio recordings shall be subject to the following
discovery procedures:
   (A) In any case in which discovery or disclosure of the audio
recording is sought by either the district attorney or the plaintiff
in a civil action pursuant to Section 54959, 54960, or 54960.1
alleging that a violation of this chapter has occurred in a closed
session that has been recorded pursuant to this section, the party
seeking discovery or disclosure shall file a written notice of motion
with the appropriate court with notice to the governmental agency
that has custody and control of the audio recording. The notice shall
be given pursuant to subdivision (b) of Section 1005 of the Code of
Civil Procedure.
   (B) The notice shall include, in addition to the items required by
Section 1010 of the Code of Civil Procedure, all of the following:
   (i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure, the
date and time of the meeting recorded, and the governmental agency
that has custody and control of the recording.
   (ii) An affidavit that contains specific facts indicating that a
violation of the act occurred in the closed session.
   (3) If the court, following a review of the motion, finds that
there is good cause to believe that a violation has occurred, the
court may review, in camera, the recording of that portion of the
closed session alleged to have violated the act.
   (4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to
materially assist in the resolution of the litigation alleging
violation of this chapter, the court shall, in its discretion, make a
certified transcript of the portion of the recording a public
exhibit in the proceeding.
   (5) Nothing in this section shall permit discovery of
communications that are protected by the attorney-client privilege.
  SEC. 59.  Section 68151 of the Government Code is amended to read:
   68151.  The following definitions apply to this chapter:
   (a) "Court record" shall consist of the following:
   (1) All filed papers and documents in the case folder, but if no
case folder is created by the court, all filed papers and documents
that would have been in the case folder if one had been created.
   (2) Administrative records filed in an action or proceeding,
depositions, paper exhibits, transcripts, including preliminary
hearing transcripts, and recordings of electronically recorded
proceedings filed, lodged, or maintained in connection with the case,
unless disposed of earlier in the case pursuant to law.
   (3) Other records listed under subdivision (j) of Section 68152.
   (b) "Notice of destruction and no transfer" means that the clerk
has given notice of destruction of the superior court records open to
public inspection, and that there is no request and order for
transfer of the records as provided in the California Rules of Court.

   (c) "Final disposition of the case" means that an acquittal,
dismissal, or order of judgment has been entered in the case or
proceeding, the judgment has become final, and no postjudgment
motions or appeals are pending in the case or for the reviewing court
upon the mailing of notice of the issuance of the remittitur.
   In a criminal prosecution, the order of judgment shall mean
imposition of sentence, entry of an appealable order (including, but
not limited to, an order granting probation, commitment of a
defendant for insanity, or commitment of a defendant as a narcotics
addict appealable under Section 1237 of the Penal Code), or
forfeiture of bail without issuance of a bench warrant or calendaring
of other proceedings.
   (d) "Retain permanently" means that the original court records
shall never be transferred or destroyed.
  SEC. 60.  Section 1569.69 of the Health and Safety Code is amended
to read:
   1569.69.  (a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents with the self-administration of
medications meets the following training requirements:
   (1) In facilities licensed to provide care for 16 or more persons,
the employee shall complete 16 hours of initial training. This
training shall consist of eight hours of hands-on shadowing training,
which shall be completed prior to assisting with the
self-administration of medications, and eight hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
   (2) In facilities licensed to provide care for 15 or fewer
persons, the employee shall complete six hours of initial training.
This training shall consist of two hours of hands-on shadowing
training, which shall be completed prior to assisting with the
self-administration of medications, and four hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
   (3) An employee shall be required to complete the training
requirements for hands-on shadowing training described in this
subdivision prior to assisting any resident in the
self-administration of medications. The training and instruction
described in this subdivision shall be completed, in their entirety,
within the first two weeks of employment.
   (4) The training shall cover all of the following areas:
   (A) The role, responsibilities, and limitations of staff who
assist residents with the self-administration of medication,
including tasks limited to licensed medical professionals.
   (B) An explanation of the terminology specific to medication
assistance.
   (C) An explanation of the different types of medication orders:
prescription, over-the-counter, controlled, and other medications.
   (D) An explanation of the basic rules and precautions of
medication assistance.
   (E) Information on medication forms and routes for medication
taken by residents.
   (F) A description of procedures for providing assistance with the
self-administration of medications in and out of the facility, and
information on the medication documentation system used in the
facility.
   (G) An explanation of guidelines for the proper storage, security,
and documentation of centrally stored medications.
   (H) A description of the processes used for medication ordering,
refills, and the receipt of medications from the pharmacy.
   (I) An explanation of medication side effects, adverse reactions,
and errors.
   (5) To complete the training requirements set forth in this
subdivision, each employee shall pass an examination that tests the
employee's comprehension of, and competency in, the subjects listed
in paragraph (3).
   (6) Residential care facilities for the elderly shall encourage
pharmacists and licensed medical professionals to use plain English
when preparing labels on medications supplied to residents. As used
in this section, "plain English" means that no abbreviations,
symbols, or Latin medical terms shall be used in the instructions for
the self-administration of medication.
   (7) The training requirements of this section are not intended to
replace or supplant those required of all staff members who assist
residents with personal activities of daily living as set forth in
Section 1569.625.
   (8) The training requirements of this section shall be repeated if
either of the following occur:
   (A) An employee returns to work for the same licensee after a
break of service of more than 180 consecutive calendar days.
   (B) An employee goes to work for another licensee in a facility in
which he or she assists residents with the self-administration of
medication.
   (b) Each employee who received training and passed the examination
required in paragraph (5) of subdivision (a), and who continues to
assist with the self-administration of medicines, shall also complete
four hours of in-service training on medication-related issues in
each succeeding 12-month period.
   (c) The requirements set forth in subdivisions (a) and (b) do not
apply to persons who are licensed medical professionals.
   (d) Each residential care facility for the elderly that provides
employee training under this section shall use the training material
and the accompanying examination that are developed by, or in
consultation with, a licensed nurse, pharmacist, or physician. The
licensed residential care facility for the elderly shall maintain the
following documentation for each medical consultant used to develop
the training:
   (1) The name, address, and telephone number of the consultant.
   (2) The date when consultation was provided.
   (3) The consultant's organization affiliation, if any, and any
educational and professional qualifications specific to medication
management.
   (4) The training topics for which consultation was provided.
   (e) Each person who provides employee training under this section
shall meet the following education and experience requirements:
   (1) A minimum of five hours of initial, or certified continuing,
education or three semester units, or the equivalent, from an
accredited educational institution, on topics relevant to medication
management.
   (2) The person shall meet any of the following practical
experience or licensure requirements:
   (A) Two years of full-time experience, within the last four years,
as a consultant with expertise in medication management in areas
covered by the training described in subdivision (a).
   (B) Two years of full-time experience, or the equivalent, within
the last four years, as an administrator for a residential care
facility for the elderly, during which time the individual has acted
in substantial compliance with applicable regulations.
   (C) Two years of full-time experience, or the equivalent, within
the last four years, as a direct care provider assisting with the
self-administration of medications for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
   (D) Possession of a license as a medical professional.
   (3) The licensed residential care facility for the elderly shall
maintain the following documentation on each person who provides
employee training under this section:
   (A) The person's name, address, and telephone number.
   (B) Information on the topics or subject matter covered in the
training.
   (C) The time, dates, and hours of training provided.
   (f) Other training or instruction, as required in paragraphs (1)
and (2) of subdivision (a), may be provided offsite, and may use
various methods of instruction, including, but not limited to, all of
the following:
   (1) Lectures by presenters who are knowledgeable about medication
management.
   (2) Video recorded instruction, interactive material, online
training, and books.
   (3) Other written or visual materials approved by organizations or
individuals with expertise in medication management.
   (g) Residential care facilities for the elderly licensed to
provide care for 16 or more persons shall maintain documentation that
demonstrates that a consultant pharmacist or nurse has reviewed the
facility's medication management program and procedures at least
twice a year.
   (h) Nothing in this section authorizes unlicensed personnel to
directly administer medications.
  SEC. 61.  Section 1736.5 of the Health and Safety Code is amended
to read:
   1736.5.  (a) The state department shall deny a training
application and deny, suspend, or revoke a certificate issued under
this article if the applicant or certificate holder has been
convicted of a violation or attempted violation of any 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, Section 487, 488,
496, 503, 518, or 666, unless any of the following apply:
   (1) 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 him or her has been dismissed
pursuant to Section 1203.4 of the Penal Code.
   (2) The person was convicted of a misdemeanor and the information
or accusation against him or her has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
   (3) The certificate holder 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
applicant from certification.
   (b) An application or certificate shall be denied, suspended, or
revoked upon conviction in another state of an offense that, if
committed or attempted in this state, would have been punishable as
one or more of the offenses set forth in subdivision (a), unless
evidence of rehabilitation comparable to the certificate of
rehabilitation or dismissal of a misdemeanor set forth in paragraph
(1) or (2) of subdivision (a) is provided.
   (c) (1) The state department may deny an application or deny,
suspend, or revoke a certificate issued under this article for any of
the following:
   (A) Unprofessional conduct, including, but not limited to,
incompetence, gross negligence, physical, mental, or verbal abuse of
patients, or misappropriation of property of patients or others.
   (B) Conviction of a crime substantially related to the
qualifications, functions, and duties of a home health aide,
irrespective of a subsequent order under Section 1203.4, 1203.4a, or
4852.13 of the Penal Code, where the state department determines that
the applicant or certificate holder has not adequately demonstrated
that he or she has been rehabilitated and will present a threat to
the health, safety, or welfare of patients.
   (C) Conviction for, or use of, any controlled substance as defined
in Division 10 (commencing with Section 11000), or any dangerous
drug, as defined in Section 4022 of the Business and Professions
Code, or alcoholic beverages, to an extent or in a manner dangerous
or injurious to the home health aide, any other person, or the
public, to the extent that this use would impair the ability to
conduct, with safety to the public, the practice authorized by a
certificate.
   (D) Procuring a home health aide certificate by fraud,
misrepresentation, or mistake.
   (E) Making or giving any false statement or information in
conjunction with the application for issuance of a home health aide
certificate or training and examination application.
   (F) Impersonating any applicant, or acting as proxy for an
applicant, in any examination required under this article for the
issuance of a certificate.
   (G) Impersonating another home health aide, a licensed vocational
nurse, or a registered nurse, or permitting or allowing another
person to use a certificate for the purpose of providing nursing
services.
   (H) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate
any provision or term of, this article.
   (2) In determining whether or not to deny an application or deny,
suspend, or revoke a certificate issued under this article pursuant
to this subdivision, the department shall take into consideration the
following factors as evidence of good character and rehabilitation:
   (A) The nature and seriousness of the offense under consideration
and its relationship to the person's employment duties and
responsibilities.
   (B) Activities since conviction, including employment or
participation in therapy or education, that would indicate changed
behavior.
   (C) The time that has elapsed since the commission of the conduct
or offense referred to in subparagraph (A) or (B) and the number of
offenses.
   (D) The extent to which the person has complied with any terms of
parole, probation, restitution, or any other sanction lawfully
imposed against the person.
   (E) Any rehabilitation evidence, including character references,
submitted by the person.
   (F) Employment history and current employer recommendations.
   (G) Circumstances surrounding the commission of the offense that
would demonstrate the unlikelihood of repetition.
   (H) Granting by the Governor of a full and unconditional pardon.
   (I) A certificate of rehabilitation from a superior court.
   (d) When the state department determines that a certificate shall
be suspended, the state department shall specify the period of actual
suspension. The state department may determine that the suspension
shall be stayed, placing the certificate holder on probation with
specified conditions for a period not to exceed two years. When the
state department determines that probation is the appropriate action,
the certificate holder shall be notified that in lieu of the state
department proceeding with a formal action to suspend the
certification and in lieu of an appeal pursuant to subdivision (g),
the certificate holder may request to enter into a diversion program
agreement. A diversion program agreement shall specify terms and
conditions related to matters, including, but not limited to, work
performance, rehabilitation, training, counseling, progress reports,
and treatment programs. If a certificate holder successfully
completes a diversion program, no action shall be taken upon the
allegations that were the basis for the diversion agreement. Upon
failure of the certificate holder to comply with the terms and
conditions of an agreement, the state department may proceed with a
formal action to suspend or revoke the certification.
   (e) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, shall be deemed a conviction within the meaning
of this article. The state department may deny an application or
deny, suspend, or revoke a certification based on a conviction as
provided in this article when the judgment of conviction is entered
or when an order granting probation is made suspending the imposition
of sentence.
   (f) Upon determination to deny an application or deny, revoke, or
suspend a certificate, the state department shall notify the
applicant or certificate holder in writing by certified mail of all
of the following:
   (1) The reasons for the determination.
   (2) The applicant's or certificate holder's right to appeal the
determination if the determination was made under subdivision (c).
   (g) (1) Upon written notification that the state department has
determined that an application shall be denied or a certificate shall
be denied, suspended, or revoked under subdivision (c), the
applicant or certificate holder may request an administrative hearing
by submitting a written request to the state department within 20
business days of receipt of the written notification. Upon receipt of
a written request, the state department shall hold an administrative
hearing pursuant to the procedures specified in Section 100171,
except where those procedures are inconsistent with this section.
   (2) A hearing under this section shall be conducted by a hearing
officer or administrative law judge designated by the director at a
location, other than the work facility, that is convenient to the
applicant or certificate holder. The hearing shall be audio or video
recorded and a written decision shall be sent by certified mail to
the applicant or certificate holder within 30 calendar days of the
hearing. Except as specified in subdivision (h), the effective date
of an action to revoke or suspend a certificate shall be specified in
the written decision, or if no administrative hearing is timely
requested, the effective date shall be 21 business days from written
notification of the department's determination to revoke or suspend.
   (h) The state department may revoke or suspend a certificate prior
to any hearing when immediate action is necessary in the judgment of
the director to protect the public welfare. Notice of this action,
including a statement of the necessity of immediate action to protect
the public welfare, shall be sent in accordance with subdivision
(f). If the certificate holder requests an administrative hearing
pursuant to subdivision (g), the state department shall hold the
administrative hearing as soon as possible but not later than 30
calendar days from receipt of the request for a hearing. A written
hearing decision upholding or setting aside the action shall be sent
by certified                                            mail to the
certificate holder within 30 calendar days of the hearing.
   (i) Upon the expiration of the term of suspension, the certificate
holder shall be reinstated by the state department and shall be
entitled to resume practice unless it is established to the
satisfaction of the state department that the person has practiced as
a home health aide in California during the term of suspension. In
this event, the state department shall revoke the person's
certificate.
   (j) Upon a determination to deny an application or deny, revoke,
or suspend a certificate, the department shall notify the employer of
the applicant or certificate holder in writing of that
determination, and whether the determination is final, or whether a
hearing is pending relating to this determination. If a licensee or
facility is required to deny employment or terminate employment of
the employee based upon notice from the state that the employee is
determined to be unsuitable for employment under this section, the
licensee or facility shall not incur criminal, civil, unemployment
insurance, workers' compensation, or administrative liability as a
result of that denial or termination.
  SEC. 62.  Section 7158.3 of the Health and Safety Code is amended
to read:
   7158.3.  (a) The following definitions shall apply for purposes of
this section:
   (1) "Cosmetic surgery" means surgery that is performed to alter or
reshape normal structures of the body in order to improve
appearance.
   (2) "Donee" means a hospital, as defined in subdivision (f) of
Section 7150.1, or an organ procurement organization, as defined in
subdivision (j) of Section 7150.1, or a tissue bank licensed pursuant
to Chapter 4.1 (commencing with Section 1635) of Division 2.
   (3) "Reconstructive surgery" means surgery performed to correct or
repair abnormal structures of the body caused by congenital defects,
developmental abnormalities, trauma, infection, tumors, or disease
to do either of the following:
   (A) To improve function.
   (B) To create a normal appearance, to the extent possible.
   (b) For purposes of accepting anatomical gifts, as defined in
subdivision (a) of Section 7150.1, a donee shall do all of the
following:
   (1) Revise existing informed consent forms and procedures to
advise a donor or, if the donor is deceased, the donor's
representative, that tissue banks work with both nonprofit and
for-profit tissue processors and distributors, that it is possible
that donated skin may be used for cosmetic or reconstructive surgery
purposes, and that donated tissue may be used for transplants outside
of the United States.
   (2) The revised consent form or procedure shall separately allow
the donor or donor's representative to withhold consent for any of
the following:
   (A) Donated skin to be used for cosmetic surgery purposes.
   (B) Donated tissue to be used for applications outside of the
United States.
   (C) Donated tissue to be used by for-profit tissue processors and
distributors.
   (3) A donee shall be deemed to have complied with paragraph (2) by
designating tissue that has been donated with specific restrictions
on its use. Once the donee transfers the tissue to a separate entity,
the donee's responsibility for compliance with any restrictions on
the tissue ceases.
   (4) The donor may recover, in a civil action against any
individual or entity that fails to comply with this subdivision,
civil penalties to be assessed in an amount not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000), plus court costs, as determined by the court. A separate
penalty shall be assessed for each individual or entity that fails to
comply with this subdivision. Any civil penalty provided under this
paragraph shall be in addition to any license revocation or
suspension, if appropriate, authorized under subdivision (c).
   (5) If the consent of the donor or donor's representative is
obtained in writing, the donee shall offer to provide the donor or
donor's representative with a copy of the completed consent form. If
consent is obtained by telephone, the donee shall advise the donor or
donor's representative that the conversation will be audio recorded
for verification and enforcement purposes, and shall offer to provide
the donor or donor's representative with a written copy of the
recorded telephonic consent form.
   (c) Violation of this section by a licensed health care provider
constitutes unprofessional conduct.
   (d) This section shall not apply to the removal of sperm or ova
pursuant to Section 2260 of the Business and Professions Code.
  SEC. 63.  Section 13220 of the Health and Safety Code is amended to
read:
   13220.  The owner or operator of any of the following buildings
shall provide to persons entering those buildings specific emergency
procedures to be followed in the event of fire, including procedures
for handicapped and nonambulatory persons:
   (a) In the case of privately owned highrise structures, as defined
in Section 13210, and office buildings two stories or more in
height, the emergency procedure information shall be made available
in a conspicuous area of the structure that is easily accessible to
all persons entering the structure, designated pursuant to
regulations of the State Fire Marshal.
   (b) In the case of hotels and motels, as defined in subdivision
(b) of Section 25503.16 of the Business and Professions Code, the
emergency procedure information shall be posted in a conspicuous
place in every room available for rental in the hotel or motel, or,
at the option of the hotel or motel operator, it shall be provided
through the use of brochures, pamphlets, video recordings, or other
means, pursuant to regulations adopted by the State Fire Marshal.
   (c) In the case of apartment houses two stories or more in height
that contain three or more dwelling units, and where the front door
opens into an interior hallway or an interior lobby area, the
emergency information shall be provided as follows:
   (1) Information for exiting the structure shall be posted on signs
using international symbols at every stairway landing, at every
elevator landing, at an intermediate point of any hallway exceeding
100 feet in length, at all hallway intersections, and immediately
inside all public entrances to the building.
   (2) Information shall be provided to all tenants of record,
through the use of brochures, pamphlets, or video recordings, if any
of these items is available, or this requirement may be satisfied
pursuant to regulations adopted by the State Fire Marshal.
   (3) If the owner or operator, or any individual acting on behalf
of the owner or operator, of an apartment house, as described in this
subdivision, negotiates a lease, sublease, rental contract, or other
term of tenancy contract or agreement in any language other than
English, the information required to be provided pursuant to
paragraph (2) shall be provided in English, in international symbols,
and in the four most common non-English languages spoken in
California, as determined by the State Fire Marshal.
   (d) On or before July 1, 1996, the State Fire Marshal shall adopt,
for use in apartment houses described in subdivision (c), a
consumer-oriented model brochure or pamphlet that includes general
emergency procedure information in English, in international symbols,
and in the four most common non-English languages spoken in
California, as determined by the State Fire Marshal.
   (e) An owner, agent, operator, translator, or transcriber who
provides emergency procedure information pursuant to this section in
good faith and without gross negligence shall be held harmless for
any errors in the translation or transcription of that emergency
information. This limited immunity shall apply only to errors in the
translation or transcription and not to the providing of the
information required to be provided pursuant to this section.
   (f) Unless expressly stated, nothing in this section shall be
deemed to require an owner or operator of any of the buildings listed
in this section to provide emergency procedure information in any
language other than English, or through the use of international
symbols.
  SEC. 64.  Section 13221 of the Health and Safety Code is amended to
read:
   13221.  The State Fire Marshal shall adopt regulations for the
furnishing of emergency procedure information according to this
chapter. Those regulations may include the general contents of
brochures, pamphlets, signs, or video recordings used in furnishing
emergency procedure information, but shall provide for at least the
following:
   (a) A reference to the posting of exit plans for the structure.
   (b) A general explanation of operation of the fire alarm system of
the structure.
   (c) Other fire emergency procedures.
  SEC. 65.  Section 25201.11 of the Health and Safety Code is amended
to read:
   25201.11.  (a) Copyright protection and all other rights and
privileges provided pursuant to Title 17 of the United States Code
are available to the department to the fullest extent authorized by
law, and the department may sell, lease, or license for commercial or
noncommercial use any work, including, but not limited to, video
recordings, audio recordings, books, pamphlets, and computer software
as that term is defined in Section 6254.9 of the Government Code,
that the department produces whether the department is entitled to
that copyright protection or not.
   (b) Any royalties, fees, or compensation of any type that is paid
to the department to make use of a work entitled to copyright
protection shall be deposited in the Hazardous Waste Control Account.

   (c) Nothing in this section is intended to limit any powers
granted to the department pursuant to Section 6254.9 of the
Government Code or any other provision of law.
  SEC. 66.  Section 40828 of the Health and Safety Code is amended to
read:
   40828.  (a) A hearing board shall allow interested members of the
public a reasonable opportunity to testify with regard to the matter
under consideration, and shall consider that testimony in making its
decision.
   (b) The hearing board shall prepare a record of the witnesses and
the testimony of each witness at the hearing. The record may be an
audio recording. The record shall be retained by the hearing board
while the variance is in effect, or for the period of one year,
whichever is longer.
  SEC. 67.  Section 100171 of the Health and Safety Code is amended
to read:
   100171.  Notwithstanding any other provision of law, whenever the
department is authorized or required by statute, regulation, due
process (Fourteenth Amendment to the United States Constitution;
subdivision (a) of Section 7 of Article I of the California
Constitution), or a contract, to conduct an adjudicative hearing
leading to a final decision of the director or the department, the
following shall apply:
   (a) The proceeding shall be conducted pursuant to the
administrative adjudication provisions of 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, except as
specified in this section.
   (b) Notwithstanding Section 11502 of the Government Code, whenever
the department conducts a hearing under Chapter 4.5 (commencing with
Section 11400) or Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, the hearing shall
be conducted before an administrative law judge selected by the
department and assigned to a hearing office that complies with the
procedural requirements of Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) (1) Notwithstanding Section 11508 of the Government Code,
whenever the department conducts a hearing under Chapter 4.5
(commencing with Section 11400) or Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
the time and place of the hearing shall be determined by the staff
assigned to the hearing office of the department, except as provided
in paragraph (2) or unless the department, by regulation, specifies
otherwise.
   (2) Formal hearings requested by institutional Medi-Cal providers
and health facilities shall be held in Sacramento.
   (d) (1) Unless otherwise specified in this section, the following
sections of the Government Code shall apply to any adjudicative
hearing conducted by the department only if the department has not,
by regulation, specified an alternative procedure for the particular
type of hearing at issue: Section 11503 (relating to accusations),
Section 11504 (relating to statements of issues), Section 11505
(relating to the contents of the statement to respondent), Section
11506 (relating to the notice of defense), Section 11507.6 (relating
to discovery rights and procedures), Section 11508 (relating to the
time and place of hearings), and Section 11516 (relating to amendment
of accusations).
   (2) Any alternative procedure specified by the department in
accordance with this subdivision shall conform to the purpose of the
Government Code provision it replaces insofar as it is possible to do
so consistent with the specific procedural requirements applicable
to the type of hearing at issue.
   (3) Any alternative procedures adopted by the department under
this subdivision shall not diminish the amount of notice given of the
issues to be heard by the department or deprive appellants of the
right to discovery suitable to the particular proceedings. Except as
specified in paragraph (2) of subdivision (c), modifications of
timeframes or of the place of hearing made by regulation shall not
lengthen timeframes within which the department is required to act
nor require hearings to be held at a greater distance from the
appellant's place of residence or business than is the case under the
otherwise applicable Government Code provision.
   (e) The specific timelines specified in Section 11517 of the
Government Code shall not apply to any adjudicative hearing conducted
by the department to the extent that the department has, by
regulation, specified different timelines for the particular type of
hearing at issue.
   (f) In the case of any adjudicative hearing conducted by the
department, "transcript," as used in subdivision (c) of Section 11517
of the Government Code, shall be deemed to include any alternative
form of recordation of the oral proceedings, including, but not
limited to, an audio recording.
   (g) Pursuant to Section 11415.50 of the Government Code, the
department may, by regulation, provide for any appropriate informal
procedure to be used for an informal level of review that does not
itself lead to a final decision of the department or the director.
The procedures specified in Article 10 (commencing with Section
11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code shall not apply to an informal level of review
authorized by this subdivision. Informal conferences concerning
appeals by institutional Medi-Cal providers and health facilities may
be held in Sacramento or Los Angeles.
   (h) Notwithstanding any other provision of law, any adjudicative
hearing conducted by the department that is conducted pursuant to a
federal statutory or regulatory requirement that contains specific
procedures may be conducted pursuant to those procedures to the
extent they are inconsistent with the procedures specified in this
section.
   (i) Nothing in this section shall apply to a fair hearing
involving a Medi-Cal beneficiary insofar as the hearing is, by
agreement or otherwise, heard before an administrative law judge
employed by the State Department of Social Services, or insofar as
the hearing is being held pursuant to Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code in connection with
services provided by the State Department of Developmental Services
under applicable federal Medicaid waivers. Nothing in this
subdivision shall be interpreted as abrogating the authority of the
State Department of Health Care Services as the single state agency
under the state medicaid plan.
   (j) Nothing in this provision shall supersede express provisions
of law that apply to any hearing that is not adjudicative in nature
or that does not involve due process rights specific to an individual
or specific individuals, as opposed to the general public or a
segment of the general public.
  SEC. 68.  Section 127240 of the Health and Safety Code is amended
to read:
   127240.  (a) Notwithstanding subdivision (b), (c), (d), (e), or
(f) of Section 127235, if the office orders a hearing on an
application, the applicant may request an informal hearing of the
matter, described in this section, in lieu of, and in the alternative
to, the formal procedures described in subdivisions (b), (c), (d),
(e), and (f) of Section 127235.
   (b) If an applicant requests an informal hearing and the office
concurs with the request, the office shall proceed as follows:
   (1) Within five calendar days after receipt of the request for an
informal public hearing, the office shall order the informal public
hearing by the service of a copy of the order on the applicant. The
order shall include the staff report and recommendations prepared by
staff of the office. Except as otherwise agreed by the applicant and
the office, the informal public hearing shall commence within 20 days
of the date of the order. Upon the scheduling of the hearing, the
office shall promptly serve notice of the date, location, and time of
the informal public hearing upon the applicant. The office shall
also publish a notice of the date, location, and time of the informal
public hearing in at least one newspaper of general circulation in
the health service area served by the applicant. The notice shall
also include the name and address of the applicant, the nature of the
proposed project, and other information deemed relevant by the
office.
   (2) The informal public hearing shall not be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. The informal public
hearing shall be conducted by an employee of the office designated by
the office director. The person conducting the informal public
hearing may exercise all powers relating to the conduct of the
hearing, including the power to reasonably limit the length of oral
presentations by any person who has been allowed to make a statement.

   The informal public hearing shall be conducted as follows:
   (A) The applicant shall be given an opportunity to present the
merits of the project and to address the issues raised by the staff
report and recommendations.
   (B) The office staff shall be given an opportunity to present
their analysis of the project.
   (C) Other interested persons shall be given an opportunity to
present written or oral statements.
   (D) The person conducting the informal public hearing may question
any person making a written or oral statement and may give the
applicant and office staff an opportunity to question any person who
has made a written or oral statement.
   (E) The applicant and staff shall be given an opportunity to make
closing statements.
   (F) The office shall make an audio or video recording of the
hearing, and copies of the recording shall be made available at cost
upon reasonable notice. However, the applicant shall have a right to
bring a certified shorthand reporter to be used in place of the audio
or video recording, provided that he or she provides the office with
a copy of the transcript.
   (c) The informal public hearing shall conclude within 10 calendar
days after commencement of the hearing unless one of the following
occurs:
   (1) The applicant agrees to extend the time for conclusion of the
hearing.
   (2) The hearing is ongoing and continuing during consecutive
business days, in which case it shall be concluded as soon as
reasonably practicable thereafter.
   (d) Within 10 days after the conclusion of the informal public
hearing, the person conducting the hearing shall render a proposed
decision supported by findings of fact, based solely upon the record
of the hearing. The proposed decision shall be served upon the
applicant and the office staff.
   (e) The director shall make a final decision on an application
within 10 calendar days after issuance of the proposed decision. The
decisions shall either approve the application, approve it with
modifications, reject it, or approve it with conditions mutually
agreed upon by the applicant and the office. The failure of any
applicant to fulfill the conditions under which the certificate of
need was granted shall constitute grounds for revocation of the
certificate of need.
   (f) Notice of the substance of the office's decisions shall be
published in a newspaper of general circulation within the health
service area served by the applicant, within 10 calendar days
following the decision.
   (g) Whether or not an informal hearing is granted shall be at the
discretion of the office.
  SEC. 69.  Section 1758.97 of the Insurance Code is amended to read:

   1758.97.  A credit insurance agent shall not sell or offer to sell
insurance pursuant to this article unless all of the following
conditions are satisfied:
   (a) The credit insurance agent provides brochures or other written
materials to the prospective purchaser that do all of the following:

   (1) Summarize the material terms and conditions of coverage
offered, including the identity of the insurer.
   (2) Describe the process for filing a claim, including a toll-free
telephone number to report a claim.
   (3) Disclose any additional information on the price, benefits,
exclusions, conditions, or other limitations of those policies that
the commissioner may by rule prescribe.
   (b) The credit insurance agent makes all of the following
disclosures, either with or as part of each individual policy or
group certificate, or with a notice of proposed insurance, or, if the
insurance is sold at the same time and place as the related credit
transaction, in a statement acknowledged by the purchaser in writing
on a separate form, electronically, digitally, or by audio recording:

   (1) That the purchase of the kinds of insurance prescribed in this
article is not required in order to secure the loan or an extension
of credit.
   (2) That the insurance coverage offered by the credit insurance
agent may provide a duplication of coverage already provided by a
purchaser's other personal insurance policies or by another source of
coverage.
   (3) That the endorsee is not qualified or authorized to evaluate
the adequacy of the purchaser's existing coverages, unless the
individual is licensed pursuant to Article 3 (commencing with Section
1631).
   (4) That the customer may cancel the insurance at any time. If the
customer cancels within 30 days from the delivery of the insurance
policy, certificate, or notice of proposed insurance, the premium
will be refunded in full. If the customer cancels at any time
thereafter, any unearned premium will be refunded in accordance with
applicable law.
   (c) Evidence of coverage is provided to every person who elects to
purchase that coverage.
   (d) Costs for the insurance are separately itemized in any loan,
credit, or retail agreement.
   (e) The insurance is provided under an individual policy issued to
the purchaser or under a group or master policy issued to the
organization licensed as a credit insurance agent by an insurer
authorized to transact the applicable kinds or types of insurance in
this state. Any of the conditions and disclosures specified in this
section shall be deemed satisfied if the consumer is otherwise
provided with the information required in this section by any other
disclosures required by existing federal or state law or regulations.

   No statement, disclosure, or notice made for the purpose of
compliance with this section shall be construed to cause the policy
form, certificate of insurance, or notice of proposed insurance, by
themselves, to be considered nonstandard forms, as described in
Article 6.9 (commencing with Section 2249) of Subchapter 2 of Chapter
5 of Title 10 of the California Code of Regulations.
  SEC. 70.  Section 2071.1 of the Insurance Code is amended to read:
   2071.1.  (a) This section applies to an examination of an insured
under oath pursuant to Section 2071 labeled "Requirements in case
loss occurs" and other relevant provisions of that section, and to
any policy that insures property and contains a provision for
examining an insured under oath, when the policy is originated or
renewed on and after January 1, 2002.
   The following are among the rights of each insured who is
requested to submit to an examination under oath:
   (1) An insurer that determines that it will conduct an examination
under oath of an insured shall notify the insured of that
determination and shall include a copy of this section in the
notification.
   (2) An insurer may conduct an examination under oath only to
obtain information that is relevant and reasonably necessary to
process or investigate the claim.
   (3) An examination under oath may only be conducted upon
reasonable notice, at a reasonably convenient place and for a
reasonable length of time.
   (4) The insured may be represented by counsel and may record the
examination proceedings in their entirety.
   (5) The insurer shall notify the insured that, upon request and
free of charge, it will provide the insured with a copy of the
transcript of the proceedings and an audio or video recording of the
proceedings, if one exists. Where an insured requests a copy of the
transcript, the recording, or both, of the examination under oath,
the insurer shall provide it within 10 business days of receipt by
the insurer or its counsel of the transcript, the recording, or both.
An insured may make sworn corrections to the transcript so it
accurately reflects the testimony under oath.
   (6) In an examination under oath, an insured may assert any
objection that can be made in a deposition under state or federal
law. However, if as a result of asserting an objection, an insured
fails to provide an answer to a material question, and that failure
prevents the insurer from being able to determine the extent of loss
and validity of the claim, the rights of the insured under the
contract may be affected.
   (7) An insured who submits a fraudulent claim may be subject to
all criminal and civil penalties applicable under law.
   (b) The department shall conduct a study quantifying the number of
examinations under oath performed by carriers regulated by the
department and the number of contacts made by consumers regarding
alleged concerns with the
utilization of the examination under oath process for the resolution
of pending claims. The department shall report both the number of
examinations under oath performed by each carrier and the number of
justified and unjustified claims alleged by insureds as defined in
this code. To the best extent practicable, the department shall also
determine if any of these complaints also resulted in suspected
fraudulent claims with the department's fraud division.
   (c) The department shall also survey licensed carriers as to the
number of suspected fraudulent claims under residential property
insurance policies that are submitted to the department's fraud
division as required by law, and that resulted, or eventually
resulted, in the utilization of the examination under oath process.
Policies of residential property insurance shall be as defined in
Section 10087.
   (d) The department shall submit the findings of this report to the
Chairpersons of the Assembly and Senate Committees on Insurance no
later than March 1, 2003.
  SEC. 71.  Section 298.1 of the Penal Code is amended to read:
   298.1.  (a) On and after January 1, 1999, 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 830.38, 830.5, 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 video recorded.
   (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 video recorded.
   (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. 72.  Section 599aa of the Penal Code is amended to read:
   599aa.  (a) Any authorized officer making an arrest under Section
597.5 shall, and any authorized officer making an arrest under
Section 597b, 597c, 597j, or 599a may, lawfully take possession of
all birds or animals and all paraphernalia, implements, or other
property or things used or employed, or about to be employed, in the
violation of any of the provisions of this code relating to the
fighting of birds or animals that can be used in animal or bird
fighting, in training animals or birds to fight, or to inflict pain
or cruelty upon animals or birds in respect to animal or bird
fighting.
   (b) Upon taking possession, the officer shall inventory the items
seized and question the persons present as to the identity of the
owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from
whom the property was seized, and the names of any known owners of
the property.
   Any person claiming ownership or possession of any item shall be
provided with a signed copy of the inventory list, which shall
identify the seizing officer and his or her employing agency. If no
person claims ownership or possession of the items, a copy of the
inventory list shall be left at the location from which the items
were seized.
   (c) The officer shall file with the magistrate before whom the
complaint against the arrested person is made, a copy of the
inventory list and an affidavit stating the affiant's basis for his
or her belief that the property and items taken were in violation of
this code. On receipt of the affidavit, the magistrate shall order
the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
   (d) All animals and birds seized shall, at the discretion of the
seizing officer, be taken promptly to an appropriate animal storage
facility. For purposes of this subdivision, an appropriate animal
storage facility is one in which the animals or birds may be stored
humanely. However, if an appropriate animal storage facility is not
available, the officer may cause the animals or birds used in
committing or possessed for the purpose of the alleged offenses to
remain at the location at which they were found. In determining
whether it is more humane to leave the animals or birds at the
location at which they were found than to take the animals or birds
to an animal storage facility, the officer shall, at a minimum,
consider the difficulty of transporting the animals or birds and the
adequacy of the available animal storage facility. When the officer
does not seize and transport all animals or birds to a storage
facility, he or she shall do both of the following:
   (1) Seize a representative sample of animals or birds for
evidentiary purposes from the animals or birds found at the site of
the alleged offenses. The animals or birds seized as a representative
sample shall be transported to an appropriate animal storage
facility.
   (2) Cause all animals or birds used in committing or possessed for
the purpose of the alleged offenses to be banded, tagged, or marked
by microchip, and photographed or video recorded for evidentiary
purposes.
   (e) (1) If ownership of the seized animals or birds cannot be
determined after reasonable efforts, the officer or other person
named and designated in the order as custodian of the animals or
birds may, after holding the animals and birds for a period of not
less than 10 days, petition the magistrate for permission to humanely
destroy or otherwise dispose of the animals or birds. The petition
shall be published for three successive days in a newspaper of
general circulation. The magistrate shall hold a hearing on the
petition not less than 10 days after seizure of the animals or birds,
after which he or she may order the animals or birds to be humanely
destroyed or otherwise disposed of, or to be retained by the officer
or person with custody until the conviction or final discharge of the
arrested person. No animal or bird may be destroyed or otherwise
disposed of until four days after the order.
   (2) Paragraph (1) shall apply only to those animals and birds
seized under any of the following circumstances:
   (A) After having been used in violation of any of the provisions
of this code relating to the fighting of birds or animals.
   (B) At the scene or site of a violation of any of the provisions
of this code relating to the fighting of birds or animals.
   (f) Upon the conviction of the arrested person, all property
seized shall be adjudged by the court to be forfeited and shall then
be destroyed or otherwise disposed of as the court may order. Upon
the conviction of the arrested person, the court may order the person
to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the animals
or birds. Each person convicted in connection with a particular
animal or bird, excluding any person convicted as a spectator
pursuant to Section 597b or 597c, or subdivision (b) of Section
597.5, may be held jointly and severally liable for restitution
pursuant to this subdivision. This payment shall be in addition to
any other fine or other sentence ordered by the court. The court
shall specify in the order that the public entity shall not enforce
the order until the defendant satisfies all other outstanding fines,
penalties, assessments, restitution fines, and restitution orders.
The court may relieve any convicted person of the obligation to make
payment pursuant to this subdivision for good cause but shall state
the reasons for that decision in the record. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the delivery of the
property held in custody to the owner. If the owner is unknown, the
court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.
  SEC. 73.  Section 868.7 of the Penal Code is amended to read:
   868.7.  (a) Notwithstanding any other provision of law, the
magistrate may, upon motion of the prosecutor, close the examination
in the manner described in Section 868 during the testimony of a
witness:
   (1) Who is a minor or a dependent person, as defined in paragraph
(3) of subdivision (f) of Section 288, with a substantial cognitive
impairment and is the complaining victim of a sex offense, where
testimony before the general public would be likely to cause serious
psychological harm to the witness and where no alternative
procedures, including, but not limited to, video recorded deposition
or contemporaneous examination in another place communicated to the
courtroom by means of closed-circuit television, are available to
avoid the perceived harm.
   (2) Whose life would be subject to a substantial risk in appearing
before the general public, and where no alternative security
measures, including, but not limited to, efforts to conceal his or
her features or physical description, searches of members of the
public attending the examination, or the temporary exclusion of other
actual or potential witnesses, would be adequate to minimize the
perceived threat.
   (b) In any case where public access to the courtroom is restricted
during the examination of a witness pursuant to this section, a
transcript of the testimony of the witness shall be made available to
the public as soon as is practicable.
  SEC. 74.  Section 1191.15 of the Penal Code is amended to read:
   1191.15.  (a) The court may permit the victim of any crime, or his
or her parent or guardian if the victim is a minor, or the next of
kin of the victim if the victim has died, to file with the court a
written, audio recorded, or video recorded statement, or statement
stored on any recording medium acceptable to the court, expressing
his or her views concerning the crime, the person responsible, and
the need for restitution, in lieu of or in addition to the person
personally appearing at the time of judgment and sentence. The court
shall consider the statement filed with the court prior to imposing
judgment and sentence.
   Whenever an audio recorded or video recorded statement or
statement stored on any medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
   (b) Whenever a written, audio recorded, or video recorded
statement or statement stored on any medium is filed with the court,
it shall remain sealed until the time set for imposition of judgment
and sentence except that the court, the probation officer, and
counsel for the parties may view and listen to the statement not more
than two court days prior to the date set for imposition of judgment
and sentence.
   (c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement submitted to the court under the provisions of this
section.
   (d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim or
his or her parent or guardian or the next of kin.
   (e) In the event the court permits an audio recorded or video
recorded statement or statement stored on any medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
  SEC. 75.  Section 1203.098 of the Penal Code is amended to read:
   1203.098.  (a) Unless otherwise provided, a person who works as a
facilitator in a batterers' intervention program that provides
programs for batterers pursuant to subdivision (c) of Section
1203.097 shall complete the following requirements before being
eligible to work as a facilitator in a batterers' intervention
program:
   (1) Forty hours of core-basic training. A minimum of eight hours
of this instruction shall be provided by a shelter-based or
shelter-approved trainer. The core curriculum shall include the
following components:
   (A) A minimum of eight hours in basic domestic violence knowledge
focusing on victim safety and the role of domestic violence shelters
in a community-coordinated response.
   (B) A minimum of eight hours in multicultural, cross-cultural, and
multiethnic diversity and domestic violence.
   (C) A minimum of four hours in substance abuse and domestic
violence.
   (D) A minimum of four hours in intake and assessment, including
the history of violence and the nature of threats and substance
abuse.
   (E) A minimum of eight hours in group content areas focusing on
gender roles and socialization, the nature of violence, the dynamics
of power and control, and the effects of abuse on children and others
as required by Section 1203.097.
   (F) A minimum of four hours in group facilitation.
   (G) A minimum of four hours in domestic violence and the law,
ethics, all requirements specified by the probation department
pursuant to Section 1203.097, and the role of batterers' intervention
programs in a coordinated-community response.
   (H) Any person that provides documentation of coursework, or
equivalent training, that he or she has satisfactorily completed,
shall be exempt from that part of the training that was covered by
the satisfactorily completed coursework.
   (I) The coursework that this person performs shall count toward
the continuing education requirement.
   (2) Fifty-two weeks or no less than 104 hours in six months, as a
trainee in an approved batterers' intervention program with a minimum
of a two-hour group each week. A training program shall include at
least one of the following:
   (A) Cofacilitation internship in which an experienced facilitator
is present in the room during the group session.
   (B) Observation by a trainer of the trainee conducting a group
session via a one-way mirror.
   (C) Observation by a trainer of the trainee conducting a group
session via a video or audio recording.
   (D) Consultation and or supervision twice a week in a six-month
program or once a week in a 52-week program.
   (3) An experienced facilitator is one who has the following
qualifications:
   (A) Documentation on file, approved by the agency, evidencing that
the experienced facilitator has the skills needed to provide quality
supervision and training.
   (B) Documented experience working with batterers for three years,
and a minimum of two years working with batterers' groups.
   (C) Documentation by January 1, 2003, of coursework or equivalent
training that demonstrates satisfactory completion of the 40-hour
basic-core training.
   (b) A facilitator of a batterers' intervention program shall
complete, as a minimum continuing education requirement, 16 hours
annually of continuing education in either domestic violence or a
related field with a minimum of eight hours in domestic violence.
   (c) A person or agency with a specific hardship may request the
probation department, in writing, for an extension of time to
complete the training or to complete alternative training options.
   (d) (1) An experienced facilitator, as defined in paragraph (3) of
subdivision (a), is not subject to the supervision requirements of
this section, if he or she meets the requirements of subparagraph (C)
of paragraph (3) of subdivision (a).
   (2) This section does not apply to a person who provides batterers'
treatment through a jail education program if the person in charge
of that program determines that such person has adequate education or
training in domestic violence or a related field.
   (e) A person who satisfactorily completes the training
requirements of a county probation department whose training program
is equivalent to or exceeds the training requirements of this act
shall be exempt from the training requirements of this act.
  SEC. 76.  Section 3043 of the Penal Code is amended to read:
   3043.  (a) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 30 days before the hearing to any victim of a crime
committed by the prisoner, or to the next of kin of the victim if
the victim has died. The requesting party shall keep the board
apprised of his or her current mailing address.
   (b) The victim, next of kin, two members of the victim's immediate
family, or two representatives designated for a particular hearing
by the victim or, in the event the victim is deceased or
incapacitated, by the next of kin in writing prior to the hearing
have the right to appear, personally or by counsel, at the hearing
and to adequately and reasonably express his, her, or their views
concerning the crime and the person responsible, except that any
statement provided by a representative designated by the victim or
next of kin shall be limited to comments concerning the effect of the
crime on the victim.
   (c) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim. The board shall not permit a
representative designated by the victim or the victim's next of kin
to provide testimony at a hearing, or to submit a statement to be
included in the hearing as provided in Section 3043.2, if the victim,
next of kin, or a member of the victim's immediate family is present
at the hearing, or if the victim, next of kin, or a member of the
victim's immediate family has submitted a statement as described in
Section 3043.2.
   (d) Nothing in this section is intended to allow the board to
permit a victim's representative to attend a particular hearing if
the victim, next of kin, or a member of the victim's immediate family
is present at any hearing covered in this section, or if the victim,
next of kin, or member of the victim's immediate family has
submitted a written, audio recorded, or video recorded statement.
   (e) The board, in deciding whether to release the person on
parole, shall consider the statements of the victim or victims, next
of kin, immediate family members of the victim, and the designated
representatives of the victim or next of kin, if applicable, made
pursuant to this section and shall include in its report a statement
of whether the person would pose a threat to public safety if
released on parole.
   In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board may, in its discretion, allow attendance of
additional immediate family members or limit attendance to the
following order of preference: spouse, children, parents, siblings,
grandchildren, and grandparents.
   The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
  SEC. 77.  Section 4423.1 of the Public Resources Code is amended to
read:
   4423.1.  Burning under permit by any person on public or private
lands, except within incorporated cities, may be suspended,
restricted, or otherwise prohibited by proclamation. Any of the
following public officers may issue a proclamation, which shall be
applicable within their respective jurisdictions:
   (a) The director or his or her designee.
   (b) Any county fire warden with the approval of the director.
   (c) The federal officers directing activities within California of
the United States Bureau of Land Management, the National Park
Service, and the United States Forest Service.
   The proclamation may be issued when, in the judgment of the
issuing public official, the menace of destruction by fire to life,
improved property, or natural resources is, or is forecast to become,
extreme due to critical fire weather, fire suppression forces being
heavily committed to control fires already burning, acute dryness of
the vegetation, or other factors that may cause the rapid spread of
fire. A proclamation is effective on issuance or at a time specified
therein and shall remain in effect until a proclamation removing the
suspension, restriction, or prohibition is issued. The proclamation
may be effective for a single day or longer. The proclamation shall
declare the conditions that necessitate its issuance, designate the
geographic area to which it applies, require that all or specified
burning under permit be suspended, restricted, or prohibited until
the conditions necessitating the proclamation abate, and identify the
public official issuing the proclamation. The proclamation may be in
the form of a verbal or audio recorded telephone message, a press
release, or a posted order.
   The proclamation may be issued without complying with Chapter 3.5
(commencing with Section 11340) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
  SEC. 78.  Section 1611 of the Revenue and Taxation Code is amended
to read:
   1611.  The county board shall make a record of the hearing and,
upon request, shall furnish the party with an audio recording or a
transcript thereof at his or her expense. Request for an audio
recording or a transcript may be made at any time, but not later than
60 days following the final determination by the county board.
  SEC. 79.  Section 19639 of the Welfare and Institutions Code is
amended to read:
   19639.  (a) The director shall adopt and promulgate necessary
rules and regulations, in compliance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and do all things necessary and proper to carry out
this article. The director shall review these regulations for
possible revision at least every three years.
   (b) These regulations shall include, but not be limited to:
   (1) Uniform procedures for vendor application and termination.
   (2) Criteria and standards for selecting vendors and matching
vendors to facilities that shall ensure that the most qualified
person is selected for a facility.
   (3) Equipment life standards and service standards for the
inventory, repair, and purchase of equipment, as required under
subdivision (a) of Section 19626.5.
   (4) The minimum requirements for installation of a facility.
   (5) A fair minimum of return to vendors.
   (6) Standards for training, in-service retraining, and upward
mobility.
   (7) The policies and procedures used by the department for
collection and deposit or disbursement of all vending facility
income, including, but not limited to, the frequency, rules
regarding, and method of collection of funds from facilities operated
by licensed blind vendors and facilities operated by other
individuals or entities.
   (c) The director shall provide a written copy of all rules and
regulations adopted pursuant to this section to all vendors. Upon
request by a vendor, the rules and regulations shall be supplied to
the vendor as an audio recording in lieu of the written copy. In
addition, the director shall notify all vendors of any proposed
changes to the rules and regulations.
                                                           SEC. 80.
Any section of any act enacted by the Legislature during the 2008
calendar year that takes effect on or before January 1, 2009, and
that amends, amends and renumbers, adds, repeals and adds, or repeals
a section that is amended by this act, shall prevail over this act,
whether that act is enacted prior to, or subsequent to, the enactment
of this act.