BILL NUMBER: AB 2690	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Committee on Judiciary (Assembly Members Feuer
(Chair), Atkins, Dickinson, Huber, Monning, and Wieckowski)

                        MARCH 13, 2012

   An act to amend Section 43.99 of the Civil Code, to amend Section
1038 of the Code of Civil Procedure, to amend Sections 89307 and
89750.5 of the Education Code, to amend Sections 810, 54954.5, and
54956.9 of the Government Code, and to amend Section 28245 of the
Penal Code, relating to governmental liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2690, Committee on Judiciary. Civil law: tort claims.
   Existing law establishes provisions commonly known as the Tort
Claims Act, which governs the liability and immunity of public
entities and their officers and employees, claims and actions against
public entities and their officers and employees, insurance
indemnification, and the defense of public officers and employees.
Under existing law, claims under the Tort Claims Act include tort
claims as well as certain contract claims.
   This bill would instead declare that these provisions may be
referred to as the Government Claims Act, and would revise various
statutory provisions to refer to that title. The bill would also make
technical, nonsubstantive changes to these provisions.
   This bill would incorporate additional changes in Section 54954.5
of the Government Code, proposed by SB 1395 or AB 1736, or both, to
become operative only if SB 1395 or AB 1736, or both, and this bill
are chaptered and become effective on or before January 1, 2013, and
this bill is chaptered last.


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

  SECTION 1.  Section 43.99 of the Civil Code is amended to read:
   43.99.  (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any person or
other legal entity that is under contract with an applicant for a
residential building permit to provide independent quality review of
the plans and specifications provided with the application in order
to determine compliance with all applicable requirements imposed
pursuant to the State Housing Law (Part 1.5 (commencing with Section
17910) of Division 13 of the Health and Safety Code), or any rules or
regulations adopted pursuant to that law, or under contract with
that applicant to provide independent quality review of the work of
improvement to determine compliance with these plans and
specifications, if the person or other legal entity meets the
requirements of this section and one of the following applies:
   (1) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and has obtained certification as a building inspector,
combination inspector, or combination dwelling inspector from the
International Conference of Building Officials (ICBO) and has
successfully passed the technical written examination promulgated by
ICBO for those certification categories.
   (2) The person, or a person employed by any other legal entity,
performing the work as described in this subdivision, has completed
not less than five years of verifiable experience in the appropriate
field and is a registered professional engineer, licensed general
contractor, or a licensed architect rendering independent quality
review of the work of improvement or plan examination services within
the scope of his or her registration or licensure.
   (3) The immunity provided under this section does not apply to any
action initiated by the applicant who retained the qualified person.

   (4) A "qualified person" for purposes of this section means a
person holding a valid certification as one of those inspectors.
   (b) Except for qualified persons, this section shall not relieve
from, excuse, or lessen in any manner, the responsibility or
liability of any person, company, contractor, builder, developer,
architect, engineer, designer, or other individual or entity who
develops, improves, owns, operates, or manages any residential
building for any damages to persons or property caused by
construction or design defects. The fact that an inspection by a
qualified person has taken place may not be introduced as evidence in
a construction defect action, including any reports or other items
generated by the qualified person. This subdivision shall not apply
in any action initiated by the applicant who retained the qualified
person.
   (c) Nothing in this section, as it relates to construction
inspectors or plans examiners, shall be construed to alter the
requirements for licensure, or the jurisdiction, authority, or scope
of practice, of architects pursuant to Chapter 3 (commencing with
Section 5500) of Division 3 of the Business and Professions Code,
professional engineers pursuant to Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, or general
contractors pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.
   (d) Nothing in this section shall be construed to alter the
immunity of employees of the Department of Housing and Community
Development under the Government Claims Act (Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code) when acting
pursuant to Section 17965 of the Health and Safety Code.
   (e) The qualifying person shall engage in no other construction,
design, planning, supervision, or activities of any kind on the work
of improvement, nor provide quality review services for any other
party on the work of improvement.
   (f) The qualifying person, or other legal entity, shall maintain
professional errors and omissions insurance coverage in an amount not
less than two million dollars ($2,000,000).
   (g) The immunity provided by subdivision (a) does not inure to the
benefit of the qualified person for damages caused to the applicant
solely by the negligence or willful misconduct of the qualified
person resulting from the provision of services under the contract
with the applicant.
  SEC. 2.  Section 1038 of the Code of Civil Procedure is amended to
read:
   1038.  (a) In any civil proceeding under the Government Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or for express or implied indemnity or for
contribution in any civil action, the court, upon motion of the
defendant or cross-defendant, shall, at the time of the granting of
any summary judgment, motion for directed verdict, motion for
judgment under Section 631.8, or any nonsuit dismissing the moving
party other than the plaintiff, petitioner, cross-complainant, or
intervenor, or at a later time set forth by rule of the Judicial
Council adopted under Section 1034, determine whether or not the
plaintiff, petitioner, cross-complainant, or intervenor brought the
proceeding with reasonable cause and in the good faith belief that
there was a justifiable controversy under the facts and law which
warranted the filing of the complaint, petition, cross-complaint, or
complaint in intervention. If the court should determine that the
proceeding was not brought in good faith and with reasonable cause,
an additional issue shall be decided as to the defense costs
reasonably and necessarily incurred by the party or parties opposing
the proceeding, and the court shall render judgment in favor of that
party in the amount of all reasonable and necessary defense costs, in
addition to those costs normally awarded to the prevailing party. An
award of defense costs under this section shall not be made except
on notice contained in a party's papers and an opportunity to be
heard.
   (b) "Defense costs," as used in this section, shall include
reasonable attorneys' fees, expert witness fees, the expense of
services of experts, advisers, and consultants in defense of the
proceeding, and where reasonably and necessarily incurred in
defending the proceeding.
   (c) This section shall be applicable only on motion made prior to
the discharge of the jury or entry of judgment, and any party
requesting the relief pursuant to this section waives any right to
seek damages for malicious prosecution. Failure to make the motion
shall not be deemed a waiver of the right to pursue a malicious
prosecution action.
   (d) This section shall only apply if the defendant or
cross-defendant has made a motion for summary judgment, judgment
under Section 631.8, directed verdict, or nonsuit and the motion is
granted.
  SEC. 3.  Section 89307 of the Education Code is amended to read:
   89307.  (a) Any legislative body may hold a closed session under
any of the following circumstances:
   (1) A closed session with its negotiator prior to the purchase,
sale, exchange, or lease of real property by or for the student body
organization to grant authority to its negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease.
Prior to the closed session, the legislative body shall hold an open
and public session in which it identifies its negotiators, the real
property or real properties that the negotiations may concern, and
the person or persons with whom its negotiators may negotiate.
   (2) For purposes of this subdivision:
   (A) A negotiator may be a member of the legislative body.
   (B) "Lease" includes renewal or renegotiation of a lease.
   (b) (1) Based on advice of its legal counsel, holding a closed
session to confer with, or receive advice from, its legal counsel
regarding a liability claim or pending litigation when discussion in
open session concerning the matter would prejudice the position of
the student body organization in the litigation.
   (2) For purposes of this subdivision, all applications of the
lawyer-client privilege other than those provided in this section are
hereby abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this article.
   (3) For purposes of this subdivision, "litigation" means any
adjudicatory proceeding, including, but not limited to, eminent
domain, court proceeding, or a proceeding of an administrative body
exercising its adjudicatory authority, hearing officer, or
arbitrator.
   (4) For purposes of this subdivision, litigation shall be
considered pending when any of the following circumstances exist:
   (A) Litigation, to which the student body organization is a party,
has been initiated formally.
   (B) A point has been reached where, in the opinion of the
legislative body on the advice of its legal counsel, based on
existing facts and circumstances, there is a significant exposure to
litigation against the student body organization.
   (C) Based on existing facts and circumstances, the legislative
body is meeting only to decide whether a closed session is authorized
pursuant to subparagraph (B).
   (D) Based on existing facts and circumstances, the legislative
body has decided to initiate, or is deciding whether to initiate,
litigation.
   (5) For purposes of subparagraphs (B), (C), and (D) of paragraph
(4), "existing facts and circumstances" shall consist only of one of
the following:
   (A) Facts and circumstances that might result in litigation
against the student body organization, but which the organization
believes are not yet known to a potential plaintiff or plaintiffs,
which facts and circumstances need not be disclosed.
   (B) Facts and circumstances, including, but not necessarily
limited to, an accident, disaster, incident, or transactional
occurrence, that might result in litigation against the student body
organization and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on
the agenda or announced.
   (C) The receipt of a claim pursuant to the Government Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or some other written communication from a potential
plaintiff threatening litigation.
   (D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility
of the legislative body.
   (E) A statement threatening litigation made by a person outside an
open and public meeting on a specific matter within the
responsibility of the legislative body, so long as the official or
employee of the student body organization receiving knowledge of the
threat makes a contemporaneous or other record of the statement prior
to the meeting. The records so created need not identify the alleged
victim of unlawful or tortious sexual conduct or anyone making the
threat on their behalf, or identify a public employee who is the
alleged perpetrator of any unlawful or tortious conduct upon which a
threat of litigation is based, unless the identity of the person has
been publicly disclosed.
   (6) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (7) Prior to holding a closed session pursuant to this section,
the legislative body shall state on the agenda or publicly announce
and identify the provision of this section that authorizes the closed
session. If the session is closed pursuant to paragraph (1), the
legislative body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the legislative body
states that to do so would jeopardize the ability of the student body
organization to effectuate service of process upon one or more
unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
   (8) For purposes of this subdivision, a student body organization
shall be considered to be a "party" or to have a "significant
exposure to litigation" if an officer or employee of the student body
organization is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities
during the course and scope of that office or employment, including
litigation in which it is an issue whether an activity is outside the
course and scope of the office or employment.
   (c) (1) Nothing contained in this section shall be construed to
prevent a legislative body from holding closed sessions with the
Attorney General, district attorney, sheriff, or chief of police, or
their respective deputies, on matters posing a threat to the security
of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions
during a regular or special meeting to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of an
employee of the student body organization or to hear complaints or
charges brought against the employee by another person or employee
unless the employee requests a public session.
   (2) As a condition to holding a closed session on specific
complaints or charges brought against an employee by another person
or employee, the employee shall be given written notice of his or her
right to have the complaints or charges heard in an open session
rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for
holding the session. If notice is not given, any disciplinary or
other action taken by the legislative body against the employee based
on the specific complaints or charges in the closed session shall be
null and void.
   (3) A legislative body also may exclude from the public or closed
meeting, during the examination of a witness, any or all other
witnesses in the matter being investigated by the legislative body.
   (4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions
as an officer or an employee of the student body organization, but
shall not include any elected official, member of a legislative body,
or other independent contractor. Closed sessions held pursuant to
this section shall not include discussion or action on proposed
compensation except for a reduction of compensation that results from
the imposition of discipline.
   (d) (1) A legislative body shall publicly report any action taken
in closed session and the vote or abstention of every member present
thereon, as follows:
   (A) Approval of an agreement concluding real property negotiations
pursuant to subdivision (a) shall be reported after the agreement is
final, as follows:
   (i) If its own approval renders the agreement final, the
legislative body board or subboard shall report that approval and the
substance of the agreement in open session at the public meeting
during which the closed session is held.
   (ii) If final approval rests with the other party to the
negotiations, the legislative body shall disclose the fact of that
approval and the substance of the agreement upon inquiry by any
person, as soon as the other party or its agent has informed the
legislative body of its approval.
   (B) Approval given to its legal counsel to defend, or seek or
refrain from seeking appellate review or relief, or to enter as an
amicus curiae in any form of litigation, as the result of a
consultation under subdivision (b) shall be reported in open session
at the public meeting during which the closed session is held. The
report shall identify, if known, the adverse party or parties and the
substance of the litigation. In the case of approval given to
initiate or intervene in an action, the announcement need not
identify the action, the defendants, or other particulars, but shall
specify that the direction to initiate or intervene in an action has
been given and that the action, the defendants, and the other
particulars shall, once formally commenced, be disclosed to any
person upon inquiry, unless to do so would jeopardize the ability of
the student body organization to effectuate service of process on one
or more unserved parties, or that to do so would jeopardize its
ability to conclude existing settlement negotiations to its
advantage.
   (C) Approval given to its legal counsel of a settlement of pending
litigation, as defined in subdivision (b), at any stage prior to or
during a judicial or quasi-judicial proceeding shall be reported
after the settlement is final, as follows:
   (i) If a legislative body accepts a settlement offer signed by the
opposing party, the legislative body shall report its acceptance and
identify the substance of the agreement in open session at the
public meeting during which the closed session is held.
   (ii) If final approval rests with some other party to the
litigation or with the court, then, as soon as the settlement becomes
final, and upon inquiry by any person, the legislative body shall
disclose the fact of that approval and identify the substance of the
agreement.
   (D) Action taken to appoint, employ, dismiss, accept the
resignation of, or otherwise affect the employment status of an
employee of the employee organization in closed session pursuant to
subdivision (c) shall be reported at the public meeting during which
the closed session is held. Any report required by this subparagraph
shall identify the title of the employee's position. Notwithstanding
the general requirement of this subparagraph, the report of a
dismissal or of the nonrenewal of an employment contract shall be
deferred until the first public meeting following the exhaustion of
administrative remedies, if any.
   (E) Approval of an agreement concluding labor negotiations with
represented employees pursuant to subdivision (e) shall be reported
after the agreement is final and has been accepted or ratified by the
other party. The report shall identify the item approved and the
other party or parties to the negotiation.
   (2) Reports that are required to be made pursuant to this
subdivision may be made orally or in writing. A legislative body
shall provide to any person who has submitted a written request to
the legislative body within 24 hours of the posting of the agenda, or
to any person who has made a standing request for all documentation
as part of a request for notice of meetings pursuant to Section
89306.5, if the requester is present at the time the closed session
ends, copies of any contracts, settlement agreements, or other
documents that were finally approved or adopted in the closed
session. If the action taken results in one or more substantive
amendments to the related documents requiring retyping, the documents
need not be released until the retyping is completed during normal
business hours, provided that the presiding officer of the
legislative body, or his or her designee, orally summarizes the
substance of the amendments for the benefit of the document requester
or any other person present and requesting the information.
   (3) The documentation referred to in paragraph (2) shall be
available to any person on the next business day following the
meeting in which the action referred to is taken or, in the case of
substantial amendments, when any necessary retyping is complete.
   (4) Nothing in this subdivision shall be construed to require that
a legislative body approve actions not otherwise subject to the
approval of that legislative body.
   (5) No action for injury to a reputational, liberty, or other
personal interest may be commenced by or on behalf of any employee or
former employee with respect to whom a disclosure is made by a
legislative body in an effort to comply with this subdivision.
   (e) (1) Notwithstanding any other provision of law, a legislative
body may hold closed sessions with the designated representative of
the student body organization regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits of its
represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily provided scope of
representation. However, prior to the closed session, the legislative
body shall hold an open and public session in which it identifies
its designated representatives.
   (2) (A) Closed sessions of a legislative body, as permitted in
this subdivision, shall be for the purpose of reviewing its position
and instructing the designated representative of the student body
organization.
   (B) Closed sessions, as permitted in this subdivision, may take
place prior to and during consultations and discussions with
representatives of employee organizations and unrepresented
employees.
   (C) Closed sessions with the designated representative of the
student body organization regarding the salaries, salary schedules,
or compensation paid in the form of fringe benefits may include
discussion of the available funds and funding priorities of the
student body organization, but only insofar as these discussions
relate to providing instructions to the designated representative of
the student body organization.
   (D) Closed sessions held pursuant to this subdivision shall not
include final action on the proposed compensation of one or more
unrepresented employees.
   (E) For the purposes enumerated in this subdivision, a legislative
body may also meet with a state conciliator who has intervened in
the proceedings.
   (3) For the purposes of this subdivision, the term "employee"
includes an officer or an independent contractor who functions as an
officer or an employee of the student body organization, but shall
not include any elected official, member of a legislative body, or
other independent contractors.
   (f) (1) Prior to holding any closed session, the legislative body
shall disclose, in an open meeting, the item or items to be discussed
in the closed session. The disclosure may take the form of a
reference to the item or items as they are listed by number or letter
on the agenda. In the closed session, the legislative body may
consider only those matters covered in its statement. Nothing in this
subdivision shall require or authorize a disclosure of information
prohibited by state or federal law.
   (2) After any closed session, the legislative body shall reconvene
into open session prior to adjournment, and shall make any
disclosures required by subdivision (d) of action taken in the closed
session.
   (3) The disclosure required to be made in open session pursuant to
this subdivision may be made at the location announced in the agenda
for the closed session, as long as the public is allowed to be
present at that location for the purpose of hearing the
announcements.
  SEC. 4.  Section 89750.5 of the Education Code is amended to read:
   89750.5.  (a) Notwithstanding Sections 948 and 965.2 of the
Government Code or any other provision of law, the trustees may
settle, adjust, or compromise any pending action or final judgment,
without the need for a recommendation, certification, or approval
from any other state officer or entity. The Controller shall draw a
warrant for the payment of any settlement, adjustment, or compromise,
or final judgment against the trustees if the trustees certify that
a sufficient appropriation for the payment of the settlement,
adjustment, compromise, or final judgment exists.
   (b) Notwithstanding paragraph (3) of subdivision (b) of Section
905.2 of the Government Code or any other provision of law, the
trustees may pay any claim for money or damages on express contract
or for an injury for which the trustees or their officers or
employees are liable, without approval of the California Victim
Compensation and Government Claims Board, if the trustees determine
that payment of the claim is in the best interests of the California
State University and that funds are available to pay the claim. The
authority of the trustees conferred by this subdivision does not
alter any other requirements governing claims in the Government
Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code), except to grant the trustees authority to pay
these claims.
   (c) Notwithstanding Chapter 3 (commencing with Section 13940) of
Part 4 of Division 3 of Title 2 of the Government Code, the trustees
may discharge from accountability the sum of one thousand dollars
($1,000) or less, owing to the California State University, if the
trustees determine that the money is uncollectible or the amount does
not justify the cost of collection. A discharge of accountability by
the trustees does not release any person from the payment of any
moneys due the California State University.
  SEC. 5.  Section 810 of the Government Code is amended to read:
   810.  (a) Unless the provision or context otherwise requires, the
definitions contained in this part govern the construction of this
division.
   (b) This division may be referred to as the Government Claims Act.

  SEC. 6.  Section 54954.5 of the Government Code is amended to read:

   54954.5.  For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below. No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
   (a) With respect to a closed session held pursuant to Section
54956.7:
   LICENSE/PERMIT DETERMINATION
   Applicant(s): (Specify number of applicants)
   (b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
   Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
   Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
   Negotiating parties: (Specify name of party (not agent))
   Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)

(c) With respect to every item of business to be discussed in closed
session pursuant to Section 54956.9:
   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
    (Paragraph (1) of subdivision (d) of Section 54956.9)
   Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
   or
   Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
   Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9: (Specify number of
potential cases)
   (In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to paragraphs (2)
to (5), inclusive, of subdivision (e) of Section 54956.9.)
   Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: (Specify number of potential cases)
   (d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
   LIABILITY CLAIMS
   Claimant: (Specify name unless unspecified pursuant to Section
54961)
   Agency claimed against: (Specify name)
   (e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
   THREAT TO PUBLIC SERVICES OR FACILITIES
   Consultation with: (Specify name of law enforcement agency and
title of officer, or name of applicable agency representative and
title)
   PUBLIC EMPLOYEE APPOINTMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Title: (Specify position title of employee being reviewed)
   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
   (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
   (f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
   CONFERENCE WITH LABOR NEGOTIATORS
   Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
   Employee organization: (Specify name of organization representing
employee or employees in question)
   or
   Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
   (g) With respect to closed sessions called pursuant to Section
54957.8:
   CASE REVIEW/PLANNING
   (No additional information is required in connection with a closed
session to consider case review or planning.)
   (h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
   REPORT INVOLVING TRADE SECRET
   Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
   Estimated date of public disclosure: (Specify month and year)
   HEARINGS
   Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
   (i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
   (j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
   CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
   Discussion will concern: (Specify closed session description used
by the joint powers agency)
   Name of local agency representative on joint powers agency board:
(Specify name)
   (Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
   (k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
   AUDIT BY BUREAU OF STATE AUDITS
  SEC. 6.1.  Section 54954.5 of the Government Code is amended to
read:
   54954.5.  For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below. No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
   (a) With respect to a closed session held pursuant to Section
54956.7:
   LICENSE/PERMIT DETERMINATION
   Applicant(s): (Specify number of applicants)
   (b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
   Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
   Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
   Negotiating parties: (Specify name of party (not agent))
   Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
   (c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
   (Paragraph (1) of subdivision (d) of Section 54956.9)
   Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
   or
   Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
   Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9: (Specify number of
potential cases)
   (In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to paragraphs (2)
to (5), inclusive, of subdivision (e) of Section 54956.9.)
   Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: (Specify number of potential cases)
   (d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
   LIABILITY CLAIMS
   Claimant: (Specify name unless unspecified pursuant to Section
54961)
   Agency claimed against: (Specify name)
   (e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
   THREAT TO PUBLIC SERVICES OR FACILITIES
   Consultation with: (Specify name of law enforcement agency and
title of officer, or name of applicable agency representative and
title)
   PUBLIC EMPLOYEE APPOINTMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Title: (Specify position title of employee being reviewed)
   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
   (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
   (f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
   CONFERENCE WITH LABOR NEGOTIATORS
   Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
   Employee organization: (Specify name of organization representing
employee or employees in question)
   or
   Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
   (g) With respect to closed sessions called pursuant to Section
54957.8:
   CASE REVIEW/PLANNING
   (No additional information is required in connection with a closed
session to consider case review or planning.)
   (h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
   REPORT INVOLVING TRADE SECRET
   Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
   Estimated date of public disclosure: (Specify month and year)
   HEARINGS
   Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
   (i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
   (j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
   CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
   Discussion will concern: (Specify closed session description used
by the joint powers agency)
   Name of local agency representative on joint powers agency board:
(Specify name)
   (Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
   (k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
   AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE
  SEC. 6.2.  Section 54954.5 of the Government Code is amended to
read:
   54954.5.  For purposes of describing closed session items pursuant
to Section 54954.2, except as required in subdivision (e) of Section
54954.2, the agenda may describe closed sessions as provided below.
A legislative body or elected official shall not be in violation of
Section 54954.2 or 54956 if the closed session items were described
in substantial compliance with this section. Substantial compliance
is satisfied by including the information provided below,
irrespective of its format.
   (a) With respect to a closed session held pursuant to Section
54956.7:
   LICENSE/PERMIT DETERMINATION
   Applicant(s): (Specify number of applicants)
   (b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
   Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
   Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
   Negotiating parties: (Specify name of party (not agent))
   Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
   (c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
   (Paragraph (1) of subdivision (d) of Section 54956.9)
   Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
   or
   Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
   Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9: (Specify number of
potential cases)
   (In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to paragraphs (2)
to (5), inclusive, of subdivision (e) of Section 54956.9.)
   Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: (Specify number of potential cases)
   (d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
   LIABILITY CLAIMS
   Claimant: (Specify name unless unspecified pursuant to Section
54961)
   Agency claimed against: (Specify name)
   (e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
   PUBLIC EMPLOYEE APPOINTMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Title: (Specify position title of employee being reviewed)
   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
   (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
   (f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
   CONFERENCE WITH LABOR NEGOTIATORS
   Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
   Employee organization: (Specify name of organization representing
employee or employees in question)
   or
   Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
   (g) With respect to closed sessions called pursuant to Section
54957.8:
   CASE REVIEW/PLANNING
   (No additional information is required in connection with a closed
session to consider case review or planning.)
   (h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
   REPORT INVOLVING TRADE SECRET
   Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
   Estimated date of public disclosure: (Specify month and year)
   HEARINGS
   Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
   (i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
   (j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
   CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
   Discussion will concern: (Specify closed session description used
by the joint powers agency)
   Name of local agency representative on joint powers agency board:
(Specify name)
   (Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
   (k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
   AUDIT BY BUREAU OF STATE AUDITS
  SEC. 6.3.  Section 54954.5 of the Government Code is amended to
read:
   54954.5.  For purposes of describing closed session items pursuant
to Section 54954.2, except as required in subdivision (e) of Section
54954.2, the agenda may describe closed sessions as provided below.
A legislative body or elected official shall not be in violation of
Section 54954.2 or 54956 if the closed session items were described
in substantial compliance with this section. Substantial compliance
is satisfied by including the information provided below,
irrespective of its format.
   (a) With respect to a closed session held pursuant to Section
54956.7:
   LICENSE/PERMIT DETERMINATION
   Applicant(s): (Specify number of applicants)
   (b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
   Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
   Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
   Negotiating parties: (Specify name of party (not agent))
   Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
   (c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
   (Paragraph (1) of subdivision (d) of Section 54956.9)
   Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
   or
   Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
   Significant exposure to litigation pursuant to paragraph (2) or
(3) of subdivision (d) of Section 54956.9: (Specify number of
potential cases)
   (In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to paragraphs (2)
to (5), inclusive, of subdivision (e) of Section 54956.9.)
   Initiation of litigation pursuant to paragraph (4) of subdivision
(d) of Section 54956.9: (Specify number of potential cases)
   (d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
   LIABILITY CLAIMS
   Claimant: (Specify name unless unspecified pursuant to Section
54961)
   Agency claimed against: (Specify name)
   (e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
   PUBLIC EMPLOYEE APPOINTMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Title: (Specify position title of employee being reviewed)
   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
   (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
   (f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
   CONFERENCE WITH LABOR NEGOTIATORS
   Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
   Employee organization: (Specify name of organization representing
employee or employees in question)
   or
   Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
   (g) With respect to closed sessions called pursuant to Section
54957.8:
   CASE REVIEW/PLANNING
   (No additional information is required in connection with a closed
session to consider case review or planning.)
   (h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
   REPORT INVOLVING TRADE SECRET
   Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
   Estimated date of public disclosure: (Specify month and year)
   HEARINGS
   Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
   (i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
   (j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
   CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
   Discussion will concern: (Specify closed session description used
by the joint powers agency)
   Name of local agency representative on joint powers agency board:
(Specify name)
   (Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
   (k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
   AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE
  SEC. 7.  Section 54956.9 of the Government Code is amended to read:

   54956.9.  (a) Nothing in this chapter shall be construed to
prevent a legislative body of a local agency, based on advice of its
legal counsel, from holding a closed session to confer with, or
receive advice from, its legal counsel regarding pending litigation
when discussion in open session concerning those matters would
prejudice the position of the local agency in the litigation.
   (b) For purposes of this chapter, all expressions of the
lawyer-client privilege other than those provided in this section are
hereby abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
   (c) For purposes of this section, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
   (d) For purposes of this section, litigation shall be considered
pending when any of the following circumstances exist:
   (1) Litigation, to which the local agency is a party, has been
initiated formally.
   (2) A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
   (3) Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a closed
session is authorized pursuant to paragraph (2).
   (4) Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate litigation.
   (e) For purposes of paragraphs (2) and (3) of subdivision (d),
"existing facts and circumstances" shall consist only of one of the
following:
   (1) Facts and circumstances that might result in litigation
against the local agency but which the local agency believes are not
yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.
   (2) Facts and circumstances, including, but not limited to, an
accident, disaster, incident, or transactional occurrence that might
result in litigation against the agency and that are known to a
potential plaintiff or plaintiffs, which facts or circumstances shall
be publicly stated on the agenda or announced.
   (3) The receipt of a claim pursuant to the Government Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or some other written communication from a potential
plaintiff threatening litigation, which claim or communication shall
be available for public inspection pursuant to Section 54957.5.
   (4) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility
of the legislative body.
   (5) A statement threatening litigation made by a person outside an
open and public meeting on a specific matter within the
responsibility of the legislative body so long as the official or
employee of the local agency receiving knowledge of the threat makes
a contemporaneous or other record of the statement prior to the
meeting, which record shall be available for public inspection
pursuant to Section 54957.5. The records so created need not identify
the alleged victim of unlawful or tortious sexual conduct or anyone
making the threat on their behalf, or identify a public employee who
is the alleged perpetrator of any unlawful or tortious conduct upon
which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
   (f) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section
6250) of Division 7 of Title 1).
   (g) Prior to holding a closed session pursuant to this section,
the legislative body of the local agency shall state on the agenda or
publicly announce the paragraph of subdivision (d) that authorizes
the closed session. If the session is closed pursuant to paragraph
(1) of subdivision (d), the body shall state the title of or
otherwise specifically identify the litigation to be discussed,
unless the body states that to do so would jeopardize the agency's
ability to effectuate service of process upon one or more unserved
parties, or that to do so would jeopardize its ability to conclude
existing settlement negotiations to its advantage.
   (h) A local agency shall be considered to be a "party" or to have
a "significant exposure to litigation" if an officer or employee of
the local agency is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities
during the course and scope of that office or employment, including
litigation in which it is an issue whether an activity is outside the
course and scope of the office or employment.
  SEC. 8.  Section 28245 of the Penal Code is amended to read:
   28245.  Whenever the Department of Justice acts pursuant to this
article as it pertains to firearms other than handguns, the
department's acts or omissions shall be deemed to be discretionary
within the meaning of the Government Claims Act pursuant to Division
3.6 (commencing with Section 810) of Title 1 of the Government Code.
  SEC. 9.  (a) Section 6.1 of this bill incorporates amendments to
Section 54954.5 of the Government Code proposed by both this bill and
Senate Bill 1395. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2013, (2)
each bill amends Section 54954.5 of the Government Code, and (3)
Assembly Bill 1736 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after Senate Bill 1395, in
which case Sections 6, 6.2, and 6.3 of this bill shall not become
operative.
   (b) Section 6.2 of this bill incorporates amendments to Section
54954.5 of the Government Code proposed by both this bill and
Assembly Bill 1736. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2013, (2)
each bill amends Section 54954.5 of the Government Code, (3) Senate
Bill 1395 is not enacted or as enacted does not amend that section,
and (4) this bill is enacted after Assembly Bill 1736 in which case
Sections 6, 6.1 and 6.3 of this bill shall not become operative.
   (c) Section 6.3 of this bill incorporates amendments to Section
54954.5 of the Government Code proposed by this bill, Senate Bill
1395, and Assembly Bill 1736. It shall only become operative if (1)
all three bills are enacted and become effective on or before January
1, 2013, (2) all three bills amend Section 54954.5 of the Government
Code, and (3) this bill is enacted after Senate Bill 1395 and
Assembly Bill 1736, in which case Sections 6, 6.1, and 6.2 of this
bill shall not become operative.