California Legislature—2013–14 Regular Session

Assembly BillNo. 383


Introduced by Assembly Member Wagner

February 14, 2013


An act to amend Sections 1202, 4836.1, 4999.32, 5096.10, 21609.1, 23958.4, 25502.2, and 25600.2 of the Business and Professions Code, to amend Sections 55.56, 56.16, 1195, 1950.5, 2877, 2923.55, 2924.8, 2924.19, 2950, and 3509 of the Civil Code, to amend Sections 116.940, 425.50, 684.115, and 1282.4 of the Code of Civil Procedure, to amend Section 7237 of, and to amend and renumber the heading of Chapter 5.5 (commencing with Section 15900) of Title 2 of, the Corporations Code, to amend Sections 15282, 17193.5, 17250.25, 18720, 22138.5, 33195, 35583, 38000, 41320.1, 41326, 47660, 48853, 48853.5, 48900, 48902, 48911, 49076, 49548, 52052, 60200.8, 60209, 60605.87, 60852.1, 66407, 81378.1, and 88620 of the Education Code, to amend Sections 2162, 2224, 2225, 3111, 13115, and 21000 of the Elections Code, to amend Sections 3047, 3200.5, and 4055 of the Family Code, to amend Sections 1587 and 15100 of the Fish and Game Code, to amend Sections 4101.3, 4106, 14611, 19447, 55527.6, and 64101 of the Food and Agricultural Code, to amend Sections 3513, 3527, 7522.20, 7522.56, 7522.57, 7522.72, 8164.1, 11019, 11020, 11435.15, 11552, 12460, 12838.14, 12926, 14837, 15820.922, 19815, 20391, 20410, 20516, 20677.7, 25060, 25062, 65040.7, 65302.5, and 65915 of, to amend the heading of Chapter 3.1 (commencing with Section 8240) of Division 1 of Title 2 of, to amend and renumber Sections 15606.5, 15814.25, and 15819.30 of, to repeal Section 7480 of, and to repeal the heading of Chapter 3 (commencing with Section 15570) of Part 8.5 of Division 3 of Title 2 of, the Government Code, to amend Sections 80.2 and 82 of, and to amend the heading of Chapter 3 (commencing with Section 80) of Division 1 of, the Harbors and Navigation Code, to amend Sections 1339.40, 1339.41, 1367.65, 1531.15, 11378, 11755, 25110.11, 34177, 34183.5, 39053, 39510, 39710, 39712, 39716, 39718, 106985, 114365.5, 114380, 116565, 120365, 123327, 123940, 123955, 125286.20, 128570, 129725, and 136000 of the Health and Safety Code, to amend Sections 676.75, 922.41, 1063.1, 1754, 10113.71, 10124, 10271, 11665, and 12694.1 of the Insurance Code, to amend Sections 980, 4709, and 5502 of the Labor Code, to amend Sections 136.2, 289.6, 496a, 781, 830.41, 830.55, 1001.20, 1170, 1203.097, 1230, 1370.1, 2602, 3000.08, 3060.7, 4024.2, 4115.55, 5072, 6030, 11165.7, 11166, 12022, and 12022.1 of, and to repeal the heading of Title 4.5 (commencing with Section 13600) of Part 4 of, the Penal Code, to amend Sections 10295.6 and 20651.7 of the Public Contracts Code, to amend Sections 4629.5, 4629.9, 6224.5, 21080.37, 21080.5, 21084, and 72410 of the Public Resources Code, to amend Sections 2827.10, 2862, 5142, 5143, 9506, and 185035 of the Public Utilities Code, to amend Sections 2188.6, 7285.3, 17276.20, 18152.5, 18738, 23685, 24416.20 of, and to amend and renumber Section 24900 of, the Revenue and Taxation Code, to amend Sections 1755 and 14211 of the Unemployment Insurance Code, to amend Sections 11205, 12804.11, 16028, 23612, 34510.5, and 40000.20 of the Vehicle Code, to amend Section 85057.5 of the Water Code, to amend Sections 366.21, 366.22, 366.25, 4141, 4427.5, 4648, 4684.53, 5008, 5328.03, 6254, 7295, 12306, 14005.27, 14043.25, 14043.7, 14132.275, 14132.276, 14169.32, 14182, 14182.16, 15630, 15650, and 18969 of, and to repeal Section 4792.1 of, the Welfare and Institutions Code, to amend Section 1 of Chapter 357 of the Statutes of 2012, to amend Section 1 of Chapter 513 of the Statutes of 2012, to amend Section 1 of Chapter 541 of the Statutes of 2012, and to amend Section 2 of Chapter 719 of the Statutes of 2012, relating to maintenance of the codes.

LEGISLATIVE COUNSEL’S DIGEST

AB 383, as introduced, Wagner. Maintenance of the codes.

Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.

This bill would make nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 1202 of the Business and Professions
2Code
is amended to read:

3

1202.  

As used in this chapter, “department” means the State
4Department ofbegin delete Health Services.end deletebegin insert Public Health.end insert

5

SEC. 2.  

Section 4836.1 of the Business and Professions Code
6 is amended to read:

7

4836.1.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, a
8registered veterinary technician or a veterinary assistant may
9administer a drug, including, but not limited to, a drug that is a
10controlled substance, under the direct or indirect supervision of a
11licensed veterinarian when done pursuant to the order, control,
12and full professional responsibility of a licensed veterinarian.
13However, no person, other than a licensed veterinarian, may induce
14anesthesia unless authorized by regulation of the board.

15(b) Access to controlled substances by veterinary assistants
16under this section is limited to persons who have undergone a
17background check and who, to the best of the licensee manager’s
18 knowledge, do not have anybegin delete drug or alcohol relatedend deletebegin insert drug- or
19alcohol-relatedend insert
felony convictions.

20(c) Notwithstanding subdivision (b), if the Veterinary Medical
21Board, in consultation with the Board of Pharmacy, identifies a
22dangerous drug, as defined in Section 4022, as a drug which has
23an established pattern of being diverted, the Veterinary Medical
24Board may restrict access to that drug by veterinary assistants.

25(d) For purposes of this section, the following definitions apply:

26(1) “Controlled substance” has the same meaning as that term
27is defined in Section 11007 of the Health and Safety Code.

28(2) “Direct supervision” has the same meaning as that term is
29defined in subdivision (e) of Section 2034 of Title 16 of the
30California Code of Regulations.

31(3) “Drug” has the same meaning as that term is defined in
32Section 11014 of the Health and Safety Code.

33(4) “Indirect supervision” has the same meaning as that term is
34defined in subdivision (f) of Section 2034 of Title 16 of the
35California Code of Regulations.

36(e) This section shall remain in effect only until January 1, 2015,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2015, deletes or extends that date.

P4    1

SEC. 3.  

Section 4999.32 of the Business and Professions Code
2 is amended to read:

3

4999.32.  

(a) This section shall apply to applicants for
4examination eligibility or registration who begin graduate study
5before August 1, 2012, and complete that study on or before
6December 31, 2018. Those applicants may alternatively qualify
7under paragraph (2) of subdivision (a) of Section 4999.33.

8(b) To qualify for examination eligibility or registration,
9applicants shall possess a master’s or doctoral degree that is
10counseling or psychotherapy in content and that meets the
11requirements of this section, obtained from an accredited or
12approved institution, as defined in Section 4999.12. For purposes
13of this subdivision, a degree is “counseling or psychotherapy in
14content” if it contains the supervised practicum or field study
15experience described in paragraph (3) of subdivision (c) and, except
16as provided in subdivision (d), the coursework in the core content
17areas listed in subparagraphs (A) to (I), inclusive, of paragraph (1)
18of subdivision (c).

19(c) The degree described in subdivision (b) shall contain not
20less than 48 graduate semester or 72 graduate quarter units of
21instruction, which shall, except as provided in subdivision (d),
22include all of the following:

23(1) The equivalent of at least three semester units or four and
24one-half quarter units of graduate study in each ofbegin insert theend insert following
25core content areas:

26(A) Counseling and psychotherapeutic theories and techniques,
27including the counseling process in a multicultural society, an
28orientation to wellness and prevention, counseling theories to assist
29in selection of appropriate counseling interventions, models of
30counseling consistent with current professional research and
31practice, development of a personal model of counseling, and
32multidisciplinary responses to crises, emergencies, and disasters.

33(B) Human growth and development across the lifespan,
34including normal and abnormal behavior and an understanding of
35developmental crises, disability, psychopathology, and situational
36and environmental factors that affect both normal and abnormal
37behavior.

38(C) Career development theories and techniques, including
39career development decisionmaking models and interrelationships
P5    1among and between work, family, and other life roles and factors,
2including the role of multicultural issues in career development.

3(D) Group counseling theories and techniques, including
4principles of group dynamics, group process components,
5developmental stage theories, therapeutic factors of group work,
6group leadership styles and approaches, pertinent research and
7literature, group counseling methods, and evaluation of
8effectiveness.

9(E) Assessment, appraisal, and testing of individuals, including
10basic concepts of standardized and nonstandardized testing and
11other assessment techniques, norm-referenced and
12criterion-referenced assessment, statistical concepts, social and
13cultural factors related to assessment and evaluation of individuals
14and groups, and ethical strategies for selecting, administering, and
15interpreting assessment instruments and techniques in counseling.

16(F) Multicultural counseling theories and techniques, including
17counselors’ roles in developing cultural self-awareness, identity
18development, promoting cultural social justice, individual and
19community strategies for working with and advocating for diverse
20populations, and counselors’ roles in eliminating biases and
21prejudices, and processes of intentional and unintentional
22oppression and discrimination.

23(G) Principles of the diagnostic process, including differential
24diagnosis, and the use of current diagnostic tools, such as the
25current edition of the Diagnostic and Statistical Manual, the impact
26of co-occurring substance use disorders or medical psychological
27disorders, established diagnostic criteria for mental or emotional
28disorders, and the treatment modalities and placement criteria
29within the continuum of care.

30(H) Research and evaluation, including studies that provide an
31understanding of research methods, statistical analysis, the use of
32research to inform evidence-based practice, the importance of
33research in advancing the profession of counseling, and statistical
34methods used in conducting research, needs assessment, and
35program evaluation.

36(I) Professional orientation, ethics, and law in counseling,
37including professional ethical standards and legal considerations,
38licensing law and process, regulatory laws that delineate the
39profession’s scope of practice, counselor-client privilege,
40confidentiality, the client dangerous to self or others, treatment of
P6    1minors with or without parental consent, relationship between
2practitioner’s sense of self and human values, functions and
3relationships with other human service providers, strategies for
4collaboration, and advocacy processes needed to address
5institutional and social barriers that impede access, equity, and
6success for clients.

7(2) In addition to the course requirements described in paragraph
8(1), a minimum of 12 semester units or 18 quarter units of advanced
9coursework to develop knowledge of specific treatment issues,
10special populations, application of counseling constructs,
11assessment and treatment planning, clinical interventions,
12therapeutic relationships, psychopathology, or other clinical topics.

13(3) Not less than six semester units or nine quarter units of
14supervised practicum or field study experience, or the equivalent,
15in a clinical setting that provides a range of professional clinical
16counseling experience, including the following:

17(A) Applied psychotherapeutic techniques.

18(B) Assessment.

19(C) Diagnosis.

20(D) Prognosis.

21(E) Treatment.

22(F) Issues of development, adjustment, and maladjustment.

23(G) Health and wellness promotion.

24(H) Other recognized counseling interventions.

25(I) A minimum of 150 hours of face-to-face supervised clinical
26experience counseling individuals, families, or groups.

27(d) (1) An applicant whose degree is deficient in no more than
28two of the required areas of study listed in subparagraphs (A) to
29(I), inclusive, of paragraph (1) of subdivision (c) may satisfy those
30deficiencies by successfully completing post-master’s or
31postdoctoral degree coursework at an accredited or approved
32institution, as defined in Section 4999.12.

33(2) Coursework taken to meet deficiencies in the required areas
34of study listed in subparagraphs (A) to (I), inclusive, of paragraph
35(1) of subdivision (c) shall be the equivalent of three semester units
36or four and one-half quarter units of study.

37(3) The board shall make the final determination as to whether
38a degree meets all requirements, including, but not limited to,
39course requirements, regardless of accreditation.

P7    1(e) In addition to the degree described in this section, or as part
2of that degree, an applicant shall complete the following
3coursework or training prior to registration as an intern:

4(1) A minimum of 15 contact hours of instruction in alcoholism
5and other chemical substance abuse dependency, as specified by
6regulation.

7(2) A minimum of 10 contact hours of training or coursework
8in human sexuality as specified in Section 25, and any regulations
9promulgated thereunder.

10(3) A two semester unit or three quarter unit survey course in
11psychopharmacology.

12(4) A minimum of 15 contact hours of instruction in spousal or
13partner abuse assessment, detection, and intervention strategies,
14including knowledge of community resources, cultural factors,
15and same gender abuse dynamics.

16(5) A minimum of seven contact hours of training or coursework
17in child abuse assessment and reporting as specified in Section 28
18and any regulations adopted thereunder.

19(6) A minimum of 18 contact hours of instruction in California
20law and professional ethics for professional clinical counselors
21that includes, but is not limited to, instruction in advertising, scope
22of practice, scope of competence, treatment of minors,
23confidentiality, dangerous clients, psychotherapist-client privilege,
24recordkeeping, client access to records, dual relationships, child
25abuse, elder and dependent adult abuse, online therapy, insurance
26reimbursement, civil liability, disciplinary actions and
27unprofessional conduct, ethics complaints and ethical standards,
28termination of therapy, standards of care, relevant family law,
29therapist disclosures to clients, and state and federal laws related
30to confidentiality of patient health information. When coursework
31in a master’s or doctoral degree program is acquired to satisfy this
32requirement, it shall be considered as part of the 48 semester unit
33or 72 quarter unit requirement in subdivision (c).

34(7) A minimum of 10 contact hours of instruction in aging and
35long-term care, which may include, but is not limited to, the
36biological, social, and psychological aspects of aging. On and after
37January 1, 2012, this coursework shall include instruction on the
38assessment and reporting of, as well as treatment related to, elder
39and dependent adult abuse and neglect.

P8    1(8) A minimum of 15 contact hours of instruction in crisis or
2trauma counseling, including multidisciplinary responses to crises,
3emergencies, or disasters, and brief, intermediate, and long-term
4approaches.

5(f) This section shall remain in effect only until January 1, 2019,
6and as of that date is repealed, unless a later enacted statute that
7is enacted before January 1, 2019, deletes or extends that date.

8

SEC. 4.  

Section 5096.10 of the Business and Professions Code,
9as amended by Section 32 of Chapter 411 of the Statutes of 2012,
10is amended to read:

11

5096.10.  

(a) The provisions of this article shall only be
12operative if there is an appropriation from the Accountancy Fund
13in the annual Budget Act to fund the activities in the article and
14sufficient hiring authority is granted pursuant to a budget change
15proposal to the board to provide staffing to implement this article.

16(b) This section shall become inoperative on July 1, 2013, and,
17as of January 1,begin delete 2013,end deletebegin insert 2014,end insert is repealed, unless a later enacted
18statute, that becomes operative on or before January 1,begin delete 2013,end deletebegin insert 2014,end insert
19 deletes or extends the dates on which it becomes inoperative and
20is repealed.

21

SEC. 5.  

Section 21609.1 of the Business and Professions Code
22 is amended to read:

23

21609.1.  

(a) No junk dealer or recycler shall possess any
24reasonably recognizable, disassembled, or inoperative fire hydrant
25or fire department connection, including, but not limited to,
26reasonably recognizable brass fittings and parts, or any manhole
27cover or lid or reasonably recognizable part of a manhole cover
28or lid, or any backflow device or connection to that device or
29reasonably recognizable part of that device, that was owned or
30previously owned by an agency, in the absence of a written
31certification on the letterhead of the agency owning or previously
32owning the material described in the certification that the agency
33has either sold the material described or is offering the material
34for sale, salvage, or recycling, and that the person possessing the
35certification and identified in the certification is authorized to
36negotiate the sale of that material.

37(b) A junk dealer or recycler who unknowingly takes possession
38of one or more of the items listed in subdivision (a) as part of a
39load of otherwise nonprohibited materials without a written
40certification has a duty to notify the appropriate law enforcement
P9    1agency by the end of the next business day upon discovery of the
2prohibited material. Writtenbegin delete confirmationend deletebegin insert certificationend insert shall relieve
3the junk dealer or recycler from any civil or criminal penalty for
4possession of the prohibited material. The prohibited material shall
5be set aside and not sold pending a determination made by a law
6enforcement agency pursuant to Section 21609.

7(c) For purposes of this section, the following definitions apply:

8(1) “Agency” means a public agency, city, county, city and
9county, special district, or private utility regulated by the Public
10Utilities Commission.

11(2) “Appropriate law enforcement agency” means either of the
12following:

13(A) The police chief of the city, or his or her designee, if the
14item or items listed in subdivision (a) are located within the
15territorial limits of an incorporated city.

16(B) The sheriff of the county or his or her designee if the item
17or items listed are located within the county but outside the
18territorial limits of an incorporated city.

19(3) “Writtenbegin delete confirmation”end deletebegin insert certificationend insertbegin insertend insert means abegin delete confirmationend delete
20begin insert certificationend insert in written form by the junk dealer or recycler to a law
21enforcement agency, including electronic mail, facsimile, or a
22letter delivered in person or by certified mail.

23

SEC. 6.  

Section 23958.4 of the Business and Professions Code
24 is amended to read:

25

23958.4.  

(a) For purposes of Section 23958, “undue
26concentration” means the case in which the applicant premises for
27an original or premises-to-premises transfer of any retail license
28are located in an area where any of the following conditions exist:

29(1) The applicant premises are located in a crime reporting
30district that has a 20 percent greater number of reported crimes,
31as defined in subdivision (c), than the average number of reported
32crimes as determined from all crime reporting districts within the
33jurisdiction of the local law enforcement agency.

34(2) As to on-sale retail license applications, the ratio of on-sale
35retail licenses to population in the census tract or census division
36in which the applicant premises are located exceeds the ratio of
37on-sale retail licenses to population in the county in which the
38applicant premises are located.

39(3) As to off-sale retail license applications, the ratio of off-sale
40retail licenses to population in the census tract or census division
P10   1in which the applicant premises are located exceeds the ratio of
2off-sale retail licenses to population in the county in which the
3applicant premises are located.

4(b) Notwithstanding Section 23958, the department may issue
5a license as follows:

6(1) With respect to a nonretail license, a retail on-sale bona fide
7eating place license, a retail license issued for a hotel, motel, or
8other lodging establishment, as defined in subdivision (b) of
9Section 25503.16, a retail license issued in conjunction with a beer
10manufacturer’s license, or a winegrower’s license, if the applicant
11shows that public convenience or necessity would be served by
12the issuance.

13(2) With respect to any other license, if the local governing body
14of the area in which the applicant premises are located, or its
15designated subordinate officer or body, determines within 90 days
16of notification of a completed application that public convenience
17or necessity would be served by the issuance. The 90-day period
18shall commence upon receipt by the local governing body of (A)
19notification by the department of an application for licensure, or
20(B) a completed application according to local requirements, if
21any, whichever is later.

22If the local governing body, or its designated subordinate officer
23or body, does not make a determination within the 90-day period,
24then the department may issue a license if the applicant shows the
25department that public convenience or necessity would be served
26by the issuance. In making its determination, the department shall
27not attribute any weight to the failure of the local governing body,
28or its designated subordinate officer or body, to make a
29determination regarding public convenience or necessity within
30the 90-day period.

31(c) For purposes of this section, the following definitions shall
32apply:

33(1) “Reporting districts” means geographical areas within the
34boundaries of a single governmental entity (city or the
35unincorporated area of a county) that are identified by the local
36law enforcement agency in the compilation and maintenance of
37statistical information on reported crimes and arrests.

38(2) “Reported crimes” means the most recent yearly compilation
39by the local law enforcement agency of reported offenses of
40criminal homicide, forcible rape, robbery, aggravated assault,
P11   1burglary, larceny theft, and motor vehicle theft, combined with all
2arrests for other crimes, both felonies and misdemeanors, except
3traffic citations.

4(3) “Population within the census tract or census division” means
5the population as determined by the most recent United States
6decennial or special census. The population determination shall
7not operate to prevent an applicant from establishing that an
8increase of resident population has occurred within the census tract
9or census division.

10(4) “Population in the county” shall be determined by the annual
11population estimate for California counties published by the
12Population Research Unit of the Department of Finance.

13(5) “Retail licenses” shall include the following:

14(A) Off-sale retail licenses: Type 20 (off-sale beer and wine)
15and Type 21 (off-sale general).

16(B) On-sale retail licenses: All retail on-sale licenses, except
17Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer
18and wine for fishing party boat), Type 45 (on-sale beer and wine
19for boat), Type 46 (on-sale beer and wine for airplane), Type 53
20(on-sale general for train and sleeping car), Type 54 (on-sale
21general for boat), Type 55 (on-sale general for airplane), Type 56
22(on-sale general for vessels of more than 1,000 tons burden), and
23Type 62 (on-sale general bona fide public eating place intermittent
24dockside license for vessels of more than 15,000 tons
25displacement).

26(6) Abegin delete “premises to premisesend deletebegin insert “premises-to-premisesend insert transfer”
27refers to each license being separate and distinct, and transferable
28upon approval of the department.

29(d) For purposes of this section, the number of retail licenses
30in the county shall be established by the department on an annual
31basis.

32(e) The enactment of this section shall not affect any existing
33rights of any holder of a retail license issuedbegin delete prior toend deletebegin insert beforeend insert April
3429, 1992, whose premises were destroyed or rendered unusable as
35a result of the civil disturbances occurring in Los Angeles from
36April 29 to May 2, 1992, to reopen and operate those licensed
37premises.

38(f) This section shall not apply if the premises have been
39licensed and operated with the same type license within 90 days
40of the application.

P12   1

SEC. 7.  

Section 25502.2 of the Business and Professions Code
2 is amended to read:

3

25502.2.  

(a) A person employed or engaged by an authorized
4licensee may appear at a promotional event at the premises of an
5off-sale retail licensee for the purposes of providing autographs
6to consumers at the promotional event only under the following
7conditions:

8(1) A purchase from the off-sale retail licensee is not required.

9(2) A fee is not charged to attend the promotional event.

10(3) Autographing may only be provided on consumer advertising
11specialities given by the authorized licensee to a consumer or on
12any item provided by the consumer.

13(4) The promotional event does not exceed four hours in
14duration.

15(5) There are no more than two promotional events per calendar
16year involving the same authorized licensee at a single premises
17of an off-sale retail licensee.

18(6) The off-sale retail licensee may advertise the promotional
19event to be held at its licensed premises.

20(7) An authorized licensee may advertise in advance of the
21promotional event only in publications of the authorized licensee,
22subject to the following conditions:

23(A) The advertising only lists the name and address of the
24off-sale retail licensee, the name of the alcoholic beverage product
25being featured at the promotional event, and the time, date, and
26location of the off-sale retail licensee location where the
27promotional event is being held.

28(B) The listing of the off-sale retail licensee’s name and address
29is the only reference to the off-sale retail licensee in the
30advertisement and is relatively inconspicuous in relation to the
31advertisement as a whole, and the advertisement does not contain
32any pictures or illustrations of the off-sale retail licensee’s premises
33or laudatory references to the off-sale retail licensee.

34(8) A wholesaler does not directly or indirectly underwrite,
35share in, or contribute to any costs related to the promotional event,
36except that a beer and wine wholesaler that holds at least six
37distilled spirits wholesaler licenses may directly or indirectly
38underwrite, share in, or contribute to any costs related to a
39promotional event for which the wholesaler employs or engages
P13   1the person providing autographs to consumers at the promotional
2event.

3(9) The authorized licensee notifies the department in writing
4of the promotional event at least 30 days in advance of the
5promotional event.

6(10) The authorized licensee maintains records necessary to
7establish its compliance with this section.

8(b) For purposes of this section, “authorized licensee” means a
9manufacturer, winegrower, manufacturer’s agent, California
10winegrower’s agent, rectifier, importer, brandy manufacturer,
11brandy importer, or wholesaler.

begin delete

12(c) This section shall remain in effect only until January 1, 2016.

end delete
begin insert

13(c) This section shall remain in effect only until January 1, 2016,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2016, deletes or extends that date.

end insert
16

SEC. 8.  

Section 25600.2 of the Business and Professions Code
17 is amended to read:

18

25600.2.  

(a) An authorized licensee may conduct or sponsor
19consumer sweepstakes, subject to the following conditions:

20(1) (A) No entry fee may be charged to participate in a
21sweepstakes authorized by this subdivision. Entry or extra chances
22in a sweepstakes shall not be made available via the purchase of
23an alcoholic beverage.

24(B) Entry into or participation in a sweepstakes shall be limited
25to persons 21 years of age or older.

26(C) No sweepstakes shall involve consumption of alcoholic
27beverages by a participant.

28(D) Subject to subparagraph (B), any sweepstakes offered in
29California shall be open to all residents of California.

30(E) A sweepstakes may not be conducted for the benefit of any
31permanent retail license.

32(2) (A) Closures, caps, cap liners, corks, labels, cartons, cases,
33packaging, or other similar material shall not be used as an entry
34to a sweepstakes or as a means of determining the amount or size
35of the prize or the winner in a sweepstakes, except as provided in
36subparagraphs (D) and (F).

37(B) The authorized licensee shall provide an alternative means
38of entry that does not require a visit to a licensed premises.

P14   1(C) Except as provided in subparagraph (D), removable entry
2forms shall not be used on alcoholic beverage labels, containers,
3packaging, cases, or cartons.

4(D) Removable entry forms that are neck hangers shall be used
5only on bottles of wine or distilled spirits, and shall not require
6purchase of the product. Removable neck hangers shall be used
7only if other entry forms are available at the point of sale or if an
8alternative means of entry is also available.

9(E) Entry forms may be provided through electronic or other
10media, including point of sale.

11(F) Codes that may be scanned or electronically entered by a
12consumer where the authorized licensee has permanently affixed
13the codes as part of the original alcoholic beverage label, container,
14packaging, case, or carton, and where the codes are not removable
15and not required to be removed are permitted as a form of entry.

16(G) All permitted means of entry, including the use of electronic
17or scanner codes, shall clearly indicate that no purchase is required
18to enter.

19(H) All sweepstakes entries shall provide the entrant with an
20equal odds of winning.

21(3) A sweepstakes shall not provide for the instant or immediate
22awarding of a prize or prizes. Instant or immediate notification to
23the consumer that he or she is a winner is permissible.

24(4) Except for providing a means of entry, a sweepstakes
25authorized by this section shall not be conducted at the premises
26of a retail licensee or the premises of a winegrower or beer
27manufacturer operating under a duplicate license for a branch
28office.

29(5) Alcoholic beverages or anything redeemable for alcoholic
30beverages shall not be awarded as a sweepstakes prize. This
31 paragraph shall not prohibit a sweepstakes in which the prize is
32cash or cash equivalent or the awarding of cash or cashbegin delete equivalent
33.end delete
begin insert equivalent.end insert

34(6) A retail licensee shall not serve as the agent of an authorized
35licensee by collecting or forwarding entries or awarding prizes to,
36or redeeming prizes for, a sweepstakes winner. The matching of
37entries with numbers or pictures on the point-of-sale materials at
38retail licensed premises is permitted only if entrants are also offered
39the opportunity to use an alternative means to determine
40prize-winning status. An authorized licensee may furnish and
P15   1maintain a deposit box on a retail licensed premises for the
2collection and forwarding of sweepstakes entry forms.

3(7) A licensee that is not an authorized licensee shall not directly
4or indirectly underwrite, share in, or contribute to, the costs of a
5sweepstakes authorized by this section or serve as the agent of an
6authorized licensee to collect or forward entries or to furnish any
7prize to a sweepstakes winner.

8(8) (A) Advertising of a sweepstakes shall comply with the
9signage and advertising restrictions contained in this chapter,
10Chapter 15 (commencing with Section 25500), and any regulations
11issued by the department.

12(B) Advertising or promotion of a sweepstakes shall not identify
13or refer tobegin delete anyend deletebegin insert aend insert retail licensee.

14(C) A retail licensee shall only advertise or promote a
15sweepstakes authorized by this section in the manner specified in
16subparagraph (A).

17(D) Advertising or promotion of a sweepstakes shall only be
18conducted on the premises of a retail licensee when such
19advertisement or promotion involves a minimum of three
20unaffiliated retail licensees. For purposes of this subparagraph,
21“unaffiliated retail licensees” shall not includebegin delete anyend deletebegin insert aend insert retail licensee
22owned or controlled in whole or in part by an authorized licensee
23or any officer, director, or agent of that licensee.

24(E) Placement of signs or other advertising of a sweepstakes in
25a licensed retail premises shall not be conditioned upon the
26following:

27(i) The placement ofbegin delete anyend deletebegin insert aend insert product within the licensed premises
28or the restriction, in any way, of the purchase of a product by a
29licensee, the removal of a product from the sales area of a licensed
30premises, or the resetting or repositioning of a product within the
31licensed premises.

32(ii) The purchase or sale ofbegin delete anyend deletebegin insert aend insert product produced, imported,
33distributed, represented, or promoted by an authorized licensee or
34its agent.

35(F) An agreement, whether written or oral, entered into, by, and
36between a retail licensee and an authorized licensee that precludes
37the advertisement or promotion of a sweepstakes on the premises
38of the retail licensee by another authorized licensee or its agent is
39prohibited.

P16   1(9) Sweepstakes prizes shall not be awarded to an authorized
2licensee, retail licensee, or wholesale licensee or agent, officer,
3employee, or family member of an authorized licensee, retail
4licensee, or wholesale licensee. For the purposes of this paragraph,
5“family member” means a spouse, parent, sibling, child, son-in-law,
6daughter-in-law, and lineal descendants, including those by
7adoption. An authorized licensee shall maintain all records
8pertaining to a sweepstakes for three years following the
9completion of a sweepstakes.

10(b) For purposes of this section:

11(1) (A) “Authorized licensee” means a winegrower, beer and
12wine importer general, beer manufacturer, out-of-state beer
13manufacturer certificate holder, distilled spirits manufacturer,
14distilled spirits manufacturer’s agent, distilled spirits importer
15general, distilled spirits general rectifier, rectifier, out-of-state
16distilled spirits shipper’s certificate holder, brandy manufacturer,
17and brandy importer. An authorized licensee may conduct, sponsor,
18or participate in a sweepstakes pursuant to this section regardless
19of whether the licensee holdsbegin delete anyend deletebegin insert anend insert additional license not included
20in this paragraph.

21(B) An “authorized licensee” shall not include a beer and wine
22wholesaler, a beer and wine importer general, or distilled spirits
23importer general that only holds a wholesaler’s or retailer’s license
24as an additional license.

25(2) “Sweepstakes” means a procedure, activity, or event for the
26distribution of anything of value by lot, chance, or random selection
27where the odds for winning a prize are equal for each entry.

28(c) Nothing in this section authorizes conducting sweepstakes
29where consumers are entitled to an allotment or accumulation of
30points based on purchases made over a period of time that can be
31redeemed for prizes, things of value, or additional sweepstakes
32entries.

33(d) A prize awarded for a sweepstakes conducted pursuant to
34this section shall not be subject to the monetary limitation imposed
35by Section 25600 or a regulation of the department.

36(e) An authorized licensee that violates this section, in addition
37to any other penalty imposed by this division, may be prohibited
38by the department from offering a sweepstakes to California
39residents for a period of 12 months.

40

SEC. 9.  

Section 55.56 of the Civil Code is amended to read:

P17   1

55.56.  

(a) Statutory damages under either subdivision (a) of
2Section 52 or subdivision (a) of Section 54.3 may be recovered in
3a construction-related accessibility claim against a place of public
4accommodation only if a violation or violations of one or more
5construction-related accessibility standards denied the plaintiff
6full and equal access to the place of public accommodation on a
7particular occasion.

8(b) A plaintiff is denied full and equal access only if the plaintiff
9personally encountered the violation on a particular occasion, or
10the plaintiff was deterred from accessing a place of public
11accommodation on a particular occasion.

12(c) A violation personally encountered by a plaintiff may be
13sufficient to cause a denial of full and equal access if the plaintiff
14experienced difficulty, discomfort, or embarrassment because of
15the violation.

16(d) A plaintiff demonstrates that he or she was deterred from
17accessing a place of public accommodation on a particular occasion
18only if both of the following apply:

19(1) The plaintiff had actual knowledge of a violation or
20violations that prevented or reasonably dissuaded the plaintiff from
21accessing a place of public accommodation that the plaintiff
22intended to use on a particular occasion.

23(2) The violation or violations would have actually denied the
24plaintiff full and equal access if the plaintiff had accessed the place
25of public accommodation on that particular occasion.

26(e) Statutory damages may be assessed pursuant to subdivision
27(a) based on each particular occasion that the plaintiff was denied
28full and equal access, and not upon the number of violations of
29construction-related accessibility standards identified at the place
30of public accommodation where the denial of full and equal access
31occurred. If the place of public accommodation consists of distinct
32facilities that offer distinct services, statutory damages may be
33assessed based on each denial of full and equal access to the distinct
34facility, and not upon the number of violations of
35construction-related accessibility standards identified at the place
36of public accommodation where the denial of full and equal access
37occurred.

38(f) (1) Notwithstanding any other law, a defendant’s liability
39for statutory damages in a construction-related accessibility claim
40against a place of public accommodation is reduced to a minimum
P18   1of one thousand dollars ($1,000) for each offense if the defendant
2demonstrates that it has corrected all construction-related violations
3that are the basis of a claim within 60 days of being served with
4the complaint, and the defendant demonstrates any of the following:

5(A) The structure or area of the alleged violation was determined
6to be “CASp-inspected” or “meets applicable standards” and, to
7the best of the defendant’s knowledge, there were no modifications
8or alterations that impacted compliance with construction-related
9accessibility standards with respect to the plaintiff’s claim that
10were completed or commenced between the date of that
11determination and the particular occasion on which the plaintiff
12was allegedly denied full and equal access.

13(B) The structure or area of the alleged violation was the subject
14of an inspection report indicating “CASp determination pending”
15or “Inspected by a CASp,” and the defendant has either
16implemented reasonable measures to correct the alleged violation
17begin delete prior toend deletebegin insert beforeend insert the particular occasion on which the plaintiff was
18allegedly denied full and equal access, or the defendant was in the
19process of correcting the alleged violation within a reasonable time
20and mannerbegin delete prior toend deletebegin insert beforeend insert the particular occasion on which the
21plaintiff was allegedly denied full and equal access.

22(C) For a claim alleging a construction-related accessibility
23violation filed before January 1, 2018, the structure or area of the
24alleged violation was a new construction or an improvement that
25was approved by, and passed inspection by, the local building
26department permit and inspection process on or after January 1,
272008, and before January 1, 2016, and, to the best of the
28defendant’s knowledge, there were no modifications or alterations
29that impacted compliance with respect to the plaintiff’s claim that
30were completed or commenced between the completion date of
31the new construction or improvement and the particular occasion
32on which the plaintiff was allegedly denied full and equal access.

33(D) The structure or area of the alleged violation was new
34construction or an improvement that was approved by, and passed
35inspection bybegin insert,end insert a local building department official who is a certified
36access specialist, and, to the best of the defendant’s knowledge,
37there were no modifications or alterations that affected compliance
38with respect to the plaintiff’s claim that were completed or
39commenced between the completion date of the new construction
P19   1or improvement and the particular occasion on which the plaintiff
2was allegedly denied full and equal access.

3(2) Notwithstanding any other law, a defendant’s liability for
4statutory damages in a construction-related accessibility claim
5against a place of public accommodation is reduced to a minimum
6of two thousand dollars ($2,000) for each offense if the defendant
7demonstrates both of the following:

8(A) The defendant has corrected all construction-related
9violations that are the basis of a claim within 30 days of being
10served with the complaint.

11(B) The defendant is a small business that has employed 25 or
12fewer employees on average over the past three years, or for the
13years it has been in existence if less than three years, as evidenced
14by wage report forms filed with the Economic Development
15Department, and has average annual gross receipts of less than
16three million five hundred thousand dollars ($3,500,000) over the
17previous three years, or for the years it has been in existence if
18less than three years, as evidenced by federal or state income tax
19returns. The average annual gross receipts dollar amount shall be
20adjusted biannually by the Department of General Services for
21changes in the California Consumer Price Index for All Urban
22Consumers, as compiled by the Department of Industrial Relations.
23The Department of General Services shall post that adjusted
24amount on its Internet Web site.

25(3) This subdivision shall not be applicable to intentional
26violations.

27(4) Nothing in this subdivision affects the awarding of actual
28damages, or affects the awarding of treble actual damages.

29(5) This subdivision shall apply only to claims filed on or after
30the effective date of Senate Bill 1186 of the 2011-12 Regular
31Session of the Legislature. Nothing in this subdivision is intended
32to affect a complaint filed before that date.

33(g) This section does not alter the applicable law for the
34awarding of injunctive or other equitable relief for a violation or
35violations of one or more construction-related accessibility
36standards, nor alter any legal obligation of a party to mitigate
37damages.

38(h) In assessing liability under subdivision (d), inbegin delete anyend deletebegin insert anend insert action
39alleging multiple claims for the same construction-related
40accessibility violation on different particular occasions, the court
P20   1shall consider the reasonableness of the plaintiff’s conduct in light
2of the plaintiff’s obligation, if any, to mitigate damages.

3

SEC. 10.  

Section 56.16 of the Civil Code is amended to read:

4

56.16.  

For disclosures not addressed by Section 56.1007, unless
5there is a specific written request by the patient to the contrary,
6nothing in this part shall be construed to prevent a general acute
7care hospital, as defined in subdivision (a) of Section 1250 of the
8Health and Safety Code, upon an inquiry concerning a specific
9patient, from releasing at its discretion any of the following
10information: the patient’s name, address, age, and sex; a general
11description of the reason for treatment (whether an injury, a burn,
12poisoning, or some unrelated condition); the general nature of the
13injury, burn, poisoning, or other condition; the general condition
14of the patient; and any information that is not medical information
15as defined in subdivisionbegin delete (c)end deletebegin insert (g)end insert of Section 56.05.

16

SEC. 11.  

Section 1195 of the Civil Code is amended to read:

17

1195.  

(a) Proof of the execution of an instrument, when not
18acknowledged, may be made by any of the following:

19(1) By the party executing it, or either of them.

20(2) By a subscribing witness.

21(3) By other witnesses, in cases mentioned in Section 1198.

22(b) (1)  Proof of the execution of a power of attorney, grant
23deed, mortgage, deed of trust, quitclaim deed, security agreement,
24or any instrument affecting real property is not permitted pursuant
25to Section 27287 of the Government Code, though proof of the
26execution of a trustee’s deed or deed of reconveyance is permitted.

27(2) Proof of the execution for any instrument requiring a notary
28public to obtain a thumbprint from the party signing the document
29in the notary public’s journal is not permitted.

30(c) Any certificate for proof of execution taken within this state
31may be in the following form, although the use of other,
32substantially similar forms is not precluded:


33

 

State of California

ss.

   

County of    

   

P20  369P20  12

 

37On ____ (date), before me, the undersigned, a notary public
begin deleteend delete
38for the state, personally appeared ____ (name of subscribing witness), proved
39to me to be the person whose name is subscribed to the within instrument, as a
40witness thereto, on the oath of ____ (name of credible witness), a credible
P21   1witness who is known to me and provided a satisfactory identifying document.
2____ (name of subscribing witness), being by me duly sworn, said that he/she
3was present and saw/heard ____ (name[s] of principal[s]), the same person(s)
4described in and whose name(s) is/are subscribed to the within or attached
5instrument in his/her/their authorized capacity(ies) as (a) party(ies) thereto,
6execute or acknowledge executing the same, and that said affiant subscribed
7his/her name to the within or attached instrument as a witness at the request of
8____ (name[s] of principal[s]).

 

 WITNESS my hand and official seal.

 

Signature    (Notary public seal)

 
P20  12

 

13

SEC. 12.  

Section 1950.5 of the Civil Code is amended to read:

14

1950.5.  

(a) This section applies to security for a rental
15agreement for residential property that is used as the dwelling of
16the tenant.

17(b) As used in this section, “security” means any payment, fee,
18deposit, or charge, including, but not limited to, any payment, fee,
19deposit, or charge, except as provided in Section 1950.6, that is
20imposed at the beginning of the tenancy to be used to reimburse
21the landlord for costs associated with processing a new tenant or
22that is imposed as an advance payment of rent, used or to be used
23for any purpose, including, but not limited to, any of the following:

24(1) The compensation of a landlord for a tenant’s default in the
25payment of rent.

26(2) The repair of damages to the premises, exclusive of ordinary
27wear and tear, caused by the tenant or by a guest or licensee of the
28tenant.

29(3) The cleaning of the premises upon termination of the tenancy
30necessary to return the unit to the same level of cleanliness it was
31in at the inception of the tenancy. The amendments to this
32paragraph enacted by the act adding this sentence shall apply only
33to tenancies for which the tenant’s right to occupy begins after
34January 1, 2003.

35(4) To remedy future defaults by the tenant in any obligation
36under the rental agreement to restore, replace, or return personal
37property or appurtenances, exclusive of ordinary wear and tear, if
38the security deposit is authorized to be applied thereto by the rental
39agreement.

P22   1(c) A landlord may not demand or receive security, however
2denominated, in an amount or value in excess of an amount equal
3to two months’ rent, in the case of unfurnished residential property,
4and an amount equal to three months’ rent, in the case of furnished
5residential property, in addition to any rent for the first month paid
6on or before initial occupancy.

7This subdivision does not prohibit an advance payment of not
8less than six months’ rent if the term of the lease is six months or
9longer.

10This subdivision does not preclude a landlord and a tenant from
11entering into a mutual agreement for the landlord, at the request
12of the tenant and for a specified fee or charge, to make structural,
13decorative, furnishing, or other similar alterations, if the alterations
14are other than cleaning or repairing for which the landlord may
15charge the previous tenant as provided by subdivision (e).

16(d) Any security shall be held by the landlord for the tenant who
17is party to the lease or agreement. The claim of a tenant to the
18security shall be prior to the claim of any creditor of the landlord.

19(e) The landlord may claim of the security only those amounts
20as are reasonably necessary for the purposes specified in
21subdivision (b). The landlord may not assert a claim against the
22tenant or the security for damages to the premises or any defective
23conditions that preexisted the tenancy, for ordinary wear and tear
24or the effects thereof, whether the wear and tear preexisted the
25tenancy or occurred during the tenancy, or for the cumulative
26effects of ordinary wear and tear occurring during any one or more
27tenancies.

28(f) (1) Within a reasonable time after notification of either
29party’s intention to terminate the tenancy, or before the end of the
30lease term, the landlord shall notify the tenant in writing of his or
31her option to request an initial inspection and of his or her right to
32be present at the inspection. The requirements of this subdivision
33do not apply when the tenancy is terminated pursuant to subdivision
34(2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At
35a reasonable time, but no earlier than two weeks before the
36termination or the end of lease date, the landlord, or an agent of
37the landlord, shall, upon the request of the tenant, make an initial
38inspection of the premises prior to any final inspection the landlord
39makes after the tenant has vacated the premises. The purpose of
40the initial inspection shall be to allow the tenant an opportunity to
P23   1remedy identified deficiencies, in a manner consistent with the
2rights and obligations of the parties under the rental agreement, in
3order to avoid deductions from the security. If a tenant chooses
4not to request an initial inspection, the duties of the landlord under
5this subdivision are discharged. If an inspection is requested, the
6parties shall attempt to schedule the inspection at a mutually
7acceptable date and time. The landlord shall give at least 48 hours’
8prior written notice of the date and time of the inspection if either
9a mutual time is agreed upon, or if a mutually agreed time cannot
10be scheduled but the tenant still wishes an inspection. The tenant
11and landlord may agree to forgo the 48-hour prior written notice
12by both signing a written waiver. The landlord shall proceed with
13the inspection whether the tenant is present or not, unless the tenant
14previously withdrew his or her request for the inspection. Written
15notice by the landlord shall contain, in substantially the same form,
16the following:


18“State law permits former tenants to reclaim abandoned personal
19property left at the former address of the tenant, subject to certain
20 conditions. You may or may not be able to reclaim property without
21incurring additional costs, depending on the cost of storing the
22property and the length of time before it is reclaimed. In general,
23these costs will be lower the sooner you contact your former
24landlord after being notified that property belonging to you was
25left behind after you moved out.”


27(2) Based on the inspection, the landlord shall give the tenant
28an itemized statement specifying repairs or cleanings that are
29proposed to be the basis of any deductions from the security the
30landlord intends to make pursuant to paragraphs (1) to (4),
31inclusive, of subdivision (b). This statement shall also include the
32texts of paragraphs (1) to (4), inclusive, of subdivision (b). The
33statement shall be given to the tenant, if the tenant is present for
34the inspection, or shall be left inside the premises.

35(3) The tenant shall have the opportunity during the period
36following the initial inspection until termination of the tenancy to
37remedy identified deficiencies, in a manner consistent with the
38rights and obligations of the parties under the rental agreement, in
39order to avoid deductions from the security.

P24   1(4) Nothing in this subdivision shall prevent a landlord from
2using the security for deductions itemized in the statement provided
3for in paragraph (2) that were not cured by the tenant so long as
4the deductions are for damages authorized by this section.

5(5) Nothing in this subdivision shall prevent a landlord from
6using the security for any purpose specified in paragraphs (1) to
7(4), inclusive, of subdivision (b) that occurs between completion
8of the initial inspection and termination of the tenancy or was not
9 identified during the initial inspection due to the presence of a
10tenant’s possessions.

11(g) (1) No later than 21 calendar days after the tenant has
12vacated the premises, but not earlier than the time that either the
13landlord or the tenant provides a notice to terminate the tenancy
14under Section 1946 or 1946.1, Section 1161 of the Code of Civil
15Procedure, or not earlier than 60 calendar days prior to the
16expiration of a fixed-term lease, the landlord shall furnish the
17tenant, by personal delivery or by first-class mail, postage prepaid,
18a copy of an itemized statement indicating the basis for, and the
19amount of, any security received and the disposition of the security,
20and shall return any remaining portion of the security to the tenant.
21After either the landlord or the tenant provides notice to terminate
22the tenancy, the landlord and tenant may mutually agree to have
23the landlord deposit any remaining portion of the security deposit
24electronically to a bank account or other financial institution
25designated by the tenant. After either the landlord or the tenant
26provides notice to terminate the tenancy, the landlord and the tenant
27may also agree to have the landlord provide a copy of the itemized
28statement along with the copies required by paragraph (2) to an
29email account provided by the tenant.

30(2) Along with the itemized statement, the landlord shall also
31include copies of documents showing charges incurred and
32deducted by the landlord to repair or clean the premises, as follows:

33(A) If the landlord or landlord’s employee did the work, the
34itemized statement shall reasonably describe the work performed.
35The itemized statement shall include the time spent and the
36reasonable hourly rate charged.

37(B) If the landlord or landlord’s employee did not do the work,
38the landlord shall provide the tenant a copy of the bill, invoice, or
39receipt supplied by the person or entity performing the work. The
40itemized statement shall provide the tenant with the name, address,
P25   1and telephone number of the person or entity, if the bill, invoice,
2or receipt does not include that information.

3(C) If a deduction is made for materials or supplies, the landlord
4shall provide a copy of the bill, invoice, or receipt. If a particular
5material or supply item is purchased by the landlord on an ongoing
6basis, the landlord may document the cost of the item by providing
7a copy of a bill, invoice, receipt, vendor price list, or other vendor
8document that reasonably documents the cost of the item used in
9the repair or cleaning of the unit.

10(3) If a repair to be done by the landlord or the landlord’s
11employee cannot reasonably be completed within 21 calendar days
12after the tenant has vacated the premises, or if the documents from
13a person or entity providing services, materials, or supplies are not
14in the landlord’s possession within 21 calendar days after the tenant
15has vacated the premises, the landlord may deduct the amount of
16a good faith estimate of the charges that will be incurred and
17provide that estimate with the itemized statement. If the reason for
18the estimate is because the documents from a person or entity
19providing services, materials, or supplies are not in the landlord’s
20possession, the itemized statement shall include the name, address,
21and telephone number of the person or entity. Within 14 calendar
22days of completing the repair or receiving the documentation, the
23landlord shall complete the requirements in paragraphs (1) and (2)
24in the manner specified.

25(4) The landlord need not comply with paragraph (2) or (3) if
26either of the following applies:

27(A) The deductions for repairs and cleaning together do not
28exceed one hundred twenty-five dollars ($125).

29(B) The tenant waived the rights specified in paragraphs (2) and
30(3). The waiver shall only be effective if it is signed by the tenant
31at the same time or after a notice to terminate a tenancy under
32Section 1946 or 1946.1 has been given, a notice under Section
331161 of the Code of Civil Procedure has been given, or no earlier
34than 60 calendar days prior to the expiration of a fixed-term lease.
35The waiver shall substantially include the text of paragraph (2).

36(5) Notwithstanding paragraph (4), the landlord shall comply
37with paragraphs (2) and (3) when a tenant makes a request for
38documentation within 14 calendar days after receiving the itemized
39statement specified in paragraph (1). The landlord shall comply
40within 14 calendar days after receiving the request from the tenant.

P26   1(6) Any mailings to the tenant pursuant to this subdivision shall
2be sent to the address provided by the tenant. If the tenant does
3not provide an address, mailings pursuant to this subdivision shall
4be sent to the unit that has been vacated.

5(h) Upon termination of the landlord’s interest in the premises,
6whether by sale, assignment, death, appointment of receiver, or
7otherwise, the landlord or the landlord’s agent shall, within a
8reasonable time, do one of the following acts, either of which shall
9relieve the landlord of further liability with respect to the security
10held:

11(1) Transfer the portion of the security remaining after any
12lawful deductions made under subdivision (e) to the landlord’s
13successor in interest. The landlord shall thereafter notify the tenant
14by personal delivery or by first-class mail, postage prepaid, of the
15transfer, of any claims made against the security, of the amount
16of the security deposited, and of the names of the successors in
17interest, their addresses, and their telephone numbers. If the notice
18to the tenant is made by personal delivery, the tenant shall
19acknowledge receipt of the notice and sign his or her name on the
20landlord’s copy of the notice.

21(2) Return the portion of the security remaining after any lawful
22deductions made under subdivision (e) to the tenant, together with
23an accounting as provided in subdivision (g).

24(i) Prior to the voluntary transfer of a landlord’s interest in the
25premises, the landlord shall deliver to the landlord’s successor in
26interest a written statement indicating the following:

27(1) The security remaining after any lawful deductions are made.

28(2) An itemization of any lawful deductions from any security
29received.

30(3) His or her election under paragraph (1) or (2) of subdivision
31(h).

32This subdivision does not affect the validity of title to the real
33property transferred in violation of this subdivision.

34(j) begin insert(1)end insertbegin insertend insert In the event of noncompliance with subdivision (h), the
35landlord’s successors in interest shall be jointly and severally liable
36with the landlord for repayment of the security, or that portion
37thereof to which the tenant is entitled, when and as provided in
38subdivisions (e) and (g). A successor in interest of a landlord may
39not require the tenant to post any security to replace that amount
40not transferred to the tenant or successors in interest as provided
P27   1in subdivision (h), unless and until the successor in interest first
2makes restitution of the initial security as provided in paragraph
3(2) of subdivision (h) or provides the tenant with an accounting as
4provided in subdivision (g).

5begin insert(2)end insertbegin insertend insert This subdivision does not preclude a successor in interest
6from recovering from the tenant compensatory damages that are
7in excess of the security received from the landlord previously
8paid by the tenant to the landlord.

9begin insert(3)end insertbegin insertend insert Notwithstanding this subdivision, if, upon inquiry and
10reasonable investigation, a landlord’s successor in interest has a
11good faith belief that the lawfully remaining security deposit is
12transferred to him or her or returned to the tenant pursuant to
13subdivision (h), he or she is not liable for damages as provided in
14subdivision (l), or any security not transferred pursuant to
15subdivision (h).

16(k) Upon receipt of any portion of the security under paragraph
17(1) of subdivision (h), the landlord’s successors in interest shall
18have all of the rights and obligations of a landlord holding the
19security with respect to the security.

20(l) The bad faith claim or retention by a landlord or the
21landlord’s successors in interest of the security or any portion
22thereof in violation of this section, or the bad faith demand of
23replacement security in violation of subdivision (j), may subject
24the landlord or the landlord’s successors in interest to statutory
25damages of up to twice the amount of the security, in addition to
26actual damages. The court may award damages for bad faith
27whenever the facts warrant that award, regardless of whether the
28injured party has specifically requested relief. Inbegin delete anyend deletebegin insert anend insert action
29under this section, the landlord or the landlord’s successors in
30interest shall have the burden of proof as to the reasonableness of
31the amounts claimed or the authority pursuant to this section to
32demand additional security deposits.

33(m) No lease or rental agreement may containbegin delete anyend deletebegin insert aend insert provision
34characterizing any security as “nonrefundable.”

35(n) begin deleteAnyend deletebegin insertAnend insert action under this section may be maintained in small
36claims court if the damages claimed, whetherbegin delete actual orend deletebegin insert actual,end insert
37 statutorybegin insert,end insert or both, are within the jurisdictional amount allowed by
38Section 116.220 or 116.221 of the Code of Civil Procedure.

39(o) Proof of the existence of and the amount of a security deposit
40may be established by any credible evidence, including, but not
P28   1limited to, a canceled check, a receipt, a lease indicating the
2requirement of a deposit as well as the amount, prior consistent
3statements or actions of the landlord or tenant, or a statement under
4penalty of perjury that satisfies the credibility requirements set
5forth in Section 780 of the Evidence Code.

6(p) The amendments to this section made during the 1985
7portion of the 1985-86 Regular Session of the Legislature that are
8set forth in subdivision (e) are declaratory of existing law.

9(q) The amendments to this section made during the 2003
10portion of the 2003-04 Regular Session of the Legislature that are
11set forth in paragraph (1) of subdivision (f) are declaratory of
12existing law.

13

SEC. 13.  

Section 2877 of the Civil Code is amended to read:

14

2877.  

Contracts of mortgage, pledge, bottomry, orbegin delete respondentia,end delete
15begin insert respondentiaend insert are subject to allbegin insert ofend insert the provisions of thisbegin delete Chapter.end delete
16begin insert chapter.end insert

17

SEC. 14.  

Section 2923.55 of the Civil Code, as added by
18Section 6 of Chapter 86 of the Statutes of 2012, is amended to
19 read:

20

2923.55.  

(a) A mortgage servicer, mortgagee, trustee,
21beneficiary, or authorized agent may not record a notice of default
22pursuant to Section 2924 until all of the following:

23(1) The mortgage servicer has satisfied the requirements of
24paragraph (1) of subdivision (b).

25(2) Either 30 days after initial contact is made as required by
26paragraph (2) of subdivision (b) or 30 days after satisfying the due
27diligence requirements as described in subdivision (f).

28(3) The mortgage servicer complies with subdivision (c) of
29Section 2923.6, if the borrower has provided a complete application
30as defined in subdivision (h) of Section 2923.6.

31(b) (1) As specified in subdivision (a), a mortgage servicer shall
32send the following information in writing to the borrower:

33(A) A statement that if the borrower is a servicemember or a
34dependent of a servicemember, he or she may be entitled to certain
35protections under the federal Servicemembers Civil Relief Act (50
36U.S.C.begin insert Appen.end insert Sec. 501 et seq.) regarding the servicemember’s
37interest rate and the risk of foreclosure, and counseling for covered
38servicemembers that is available at agencies such as Military
39OneSource and Armed Forces Legal Assistance.

40(B) A statement that the borrower may request the following:

P29   1(i) A copy of the borrower’s promissory note or other evidence
2of indebtedness.

3(ii) A copy of the borrower’s deed of trust or mortgage.

4(iii) A copy of any assignment, if applicable, of the borrower’s
5mortgage or deed of trust required to demonstrate the right of the
6mortgage servicer to foreclose.

7(iv) A copy of the borrower’s payment history since the
8borrower was last less than 60 days past due.

9(2) A mortgage servicer shall contact the borrower in person or
10by telephone in order to assess the borrower’s financial situation
11and explore options for the borrower to avoid foreclosure. During
12the initial contact, the mortgage servicer shall advise the borrower
13that he or she has the right to request a subsequent meeting and,
14if requested, the mortgage servicer shall schedule the meeting to
15occur within 14 days. The assessment of the borrower’s financial
16situation and discussion of options may occur during the first
17contact, or at the subsequent meeting scheduled for that purpose.
18In either case, the borrower shall be provided the toll-free telephone
19number made available by the United States Department of
20Housing and Urban Development (HUD) to find a HUD-certified
21housing counseling agency. Any meeting may occur telephonically.

22(c) A notice of default recorded pursuant to Section 2924 shall
23include a declaration that the mortgage servicer has contacted the
24borrower, has tried with due diligence to contact the borrower as
25required by this section, or that no contact was required because
26the individual did not meet the definition of “borrower” pursuant
27to subdivision (c) of Section 2920.5.

28(d) A mortgage servicer’s loss mitigation personnel may
29 participate by telephone during any contact required by this section.

30(e) A borrower may designate, with consent given in writing,
31a HUD-certified housing counseling agency, attorney, or other
32adviser to discuss with the mortgage servicer, on the borrower’s
33behalf, the borrower’s financial situation and options for the
34borrower to avoid foreclosure. That contact made at the direction
35of the borrower shall satisfy the contact requirements of paragraph
36(2) of subdivision (b). Any foreclosure prevention alternative
37offered at the meeting by the mortgage servicer is subject to
38approval by the borrower.

39(f) A notice of default may be recorded pursuant to Section 2924
40when a mortgage servicer has not contacted a borrower as required
P30   1by paragraph (2) of subdivision (b), provided that the failure to
2contact the borrower occurred despite the due diligence of the
3mortgage servicer. For purposes of this section, “due diligence”
4shall require and mean all of the following:

5(1) A mortgage servicer shall first attempt to contact a borrower
6by sending a first-class letter that includes the toll-free telephone
7number made available by HUD to find a HUD-certified housing
8counseling agency.

9(2) (A) After the letter has been sent, the mortgage servicer shall
10attempt to contact the borrower by telephone at least three times
11at different hours and on different days. Telephone calls shall be
12made to the primary telephone number on file.

13(B) A mortgage servicer may attempt to contact a borrower
14using an automated system to dial borrowers, provided that, if the
15telephone call is answered, the call is connected to a live
16representative of the mortgage servicer.

17(C) A mortgage servicer satisfies the telephone contact
18requirements of this paragraph if it determines, after attempting
19contact pursuant to this paragraph, that the borrower’s primary
20telephone number and secondary telephone number or numbers
21on file, if any, have been disconnected.

22(3) If the borrower does not respond within two weeks after the
23telephone call requirements of paragraph (2) have been satisfied,
24the mortgage servicer shall then send a certified letter, with return
25receipt requested, that includes the toll-free telephone number
26made available by HUD to find a HUD-certified housing
27counseling agency.

28(4) The mortgage servicer shall provide a means for the borrower
29to contact it in a timely manner, including a toll-free telephone
30number that will provide access to a live representative during
31business hours.

32(5) The mortgage servicer has posted a prominent link on the
33homepage of its Internet Web site, if any, to the following
34information:

35(A) Options that may be available to borrowers who are unable
36to afford their mortgage payments and who wish to avoid
37foreclosure, and instructions to borrowers advising them on steps
38to take to explore those options.

P31   1(B) A list of financial documents borrowers should collect and
2be prepared to present to the mortgage servicer when discussing
3options for avoiding foreclosure.

4(C) A toll-free telephone number for borrowers who wish to
5discuss options for avoiding foreclosure with their mortgage
6servicer.

7(D) The toll-free telephone number made available by HUD to
8 find a HUD-certified housing counseling agency.

9(g) This section shall not apply to entities described in
10subdivision (b) of Section 2924.18.

11(h) This section shall apply only to mortgages or deeds of trust
12described in Section 2924.15.

13(i)  This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

16

SEC. 15.  

Section 2923.55 of the Civil Code, as added by
17Section 6 of Chapter 87 of the Statutes of 2012, is amended to
18 read:

19

2923.55.  

(a) A mortgage servicer, mortgagee, trustee,
20beneficiary, or authorized agent may not record a notice of default
21pursuant to Section 2924 until all of the following:

22(1) The mortgage servicer has satisfied the requirements of
23paragraph (1) of subdivision (b).

24(2) Either 30 days after initial contact is made as required by
25paragraph (2) of subdivision (b) or 30 days after satisfying the due
26diligence requirements as described in subdivision (f).

27(3) The mortgage servicer complies with subdivision (c) of
28Section 2923.6, if the borrower has provided a complete application
29as defined in subdivision (h) of Section 2923.6.

30(b) (1) As specified in subdivision (a), a mortgage servicer shall
31send the following information in writing to the borrower:

32(A) A statement that if the borrower is a servicemember or a
33dependent of a servicemember, he or she may be entitled to certain
34protections under the federal Servicemembers Civil Relief Act (50
35U.S.C.begin insert Appen.end insert Sec. 501 et seq.) regarding the servicemember’s
36interest rate and the risk of foreclosure, and counseling for covered
37servicemembers that is available at agencies such as Military
38OneSource and Armed Forces Legal Assistance.

39(B) A statement that the borrower may request the following:

P32   1(i) A copy of the borrower’s promissory note or other evidence
2of indebtedness.

3(ii) A copy of the borrower’s deed of trust or mortgage.

4(iii) A copy of any assignment, if applicable, of the borrower’s
5mortgage or deed of trust required to demonstrate the right of the
6mortgage servicer to foreclose.

7(iv) A copy of the borrower’s payment history since the
8borrower was last less than 60 days past due.

9(2) A mortgage servicer shall contact the borrower in person or
10by telephone in order to assess the borrower’s financial situation
11and explore options for the borrower to avoid foreclosure. During
12the initial contact, the mortgage servicer shall advise the borrower
13that he or she has the right to request a subsequent meeting and,
14if requested, the mortgage servicer shall schedule the meeting to
15occur within 14 days. The assessment of the borrower’s financial
16situation and discussion of options may occur during the first
17contact, or at the subsequent meeting scheduled for that purpose.
18In either case, the borrower shall be provided the toll-free telephone
19number made available by the United States Department of
20Housing and Urban Development (HUD) to find a HUD-certified
21housing counseling agency. Any meeting may occur telephonically.

22(c) A notice of default recorded pursuant to Section 2924 shall
23include a declaration that the mortgage servicer has contacted the
24borrower, has tried with due diligence to contact the borrower as
25required by this section, or that no contact was required because
26the individual did not meet the definition of “borrower” pursuant
27to subdivision (c) of Section 2920.5.

28(d) A mortgage servicer’s loss mitigation personnel may
29 participate by telephone during any contact required by this section.

30(e) A borrower may designate, with consent given in writing,
31a HUD-certified housing counseling agency, attorney, or other
32advisor to discuss with the mortgage servicer, on the borrower’s
33behalf, the borrower’s financial situation and options for the
34borrower to avoid foreclosure. That contact made at the direction
35of the borrower shall satisfy the contact requirements of paragraph
36(2) of subdivision (b). Any foreclosure prevention alternative
37offered at the meeting by the mortgage servicer is subject to
38approval by the borrower.

39(f) A notice of default may be recorded pursuant to Section 2924
40when a mortgage servicer has not contacted a borrower as required
P33   1by paragraph (2) of subdivision (b), provided that the failure to
2contact the borrower occurred despite the due diligence of the
3mortgage servicer. For purposes of this section, “due diligence”
4shall require and mean all of the following:

5(1) A mortgage servicer shall first attempt to contact a borrower
6by sending a first-class letter that includes the toll-free telephone
7number made available by HUD to find a HUD-certified housing
8counseling agency.

9(2) (A) After the letter has been sent, the mortgage servicer shall
10attempt to contact the borrower by telephone at least three times
11at different hours and on different days. Telephone calls shall be
12made to the primary telephone number on file.

13(B) A mortgage servicer may attempt to contact a borrower
14using an automated system to dial borrowers, provided that, if the
15telephone call is answered, the call is connected to a live
16representative of the mortgage servicer.

17(C) A mortgage servicer satisfies the telephone contact
18requirements of this paragraph if it determines, after attempting
19contact pursuant to this paragraph, that the borrower’s primary
20telephone number and secondary telephone number or numbers
21on file, if any, have been disconnected.

22(3) If the borrower does not respond within two weeks after the
23telephone call requirements of paragraph (2) have been satisfied,
24the mortgage servicer shall then send a certified letter, with return
25receipt requested, that includes the toll-free telephone number
26made available by HUD to find a HUD-certified housing
27counseling agency.

28(4) The mortgage servicer shall provide a means for the borrower
29to contact it in a timely manner, including a toll-free telephone
30number that will provide access to a live representative during
31business hours.

32(5) The mortgage servicer has posted a prominent link on the
33homepage of its Internet Web site, if any, to the following
34information:

35(A) Options that may be available to borrowers who are unable
36to afford their mortgage payments and who wish to avoid
37foreclosure, and instructions to borrowers advising them on steps
38to take to explore those options.

P34   1(B) A list of financial documents borrowers should collect and
2be prepared to present to the mortgage servicer when discussing
3options for avoiding foreclosure.

4(C) A toll-free telephone number for borrowers who wish to
5discuss options for avoiding foreclosure with their mortgage
6servicer.

7(D) The toll-free telephone number made available by HUD to
8 find a HUD-certified housing counseling agency.

9(g) This section shall not apply to entities described in
10subdivision (b) of Section 2924.18.

11(h) This section shall apply only to mortgages or deeds of trust
12described in Section 2924.15.

13(i)  This section shall remain in effect only until January 1, 2018,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2018, deletes or extends that date.

16

SEC. 16.  

Section 2924.8 of the Civil Code is amended to read:

17

2924.8.  

(a) (1) Upon posting a notice of sale pursuant to
18Section 2924f, a trustee or authorized agent shall also post the
19following notice, in the manner required for posting the notice of
20sale on the property to be sold, and a mortgagee, trustee,
21beneficiary, or authorized agent, concurrently with the mailing of
22the notice of sale pursuant to Section 2924b, shall send by
23first-class mail in an envelope addressed to the “Resident of
24property subject to foreclosure sale” the following notice in English
25and the languages described in Section 1632:


27Foreclosure process has begun on this property, which may affect
28your right to continue to live in this property. Twenty days or more
29after the date of this notice, this property may be sold at
30foreclosure. If you are renting this property, the new property
31owner may either give you a new lease or rental agreement or
32provide you with a 90-day eviction notice. You may have a right
33to stay in your home for longer than 90 days. If you have a
34fixed-term lease, the new owner must honor the lease unless the
35new owner will occupy the property as a primary residence or in
36other limited circumstances. Also, in some cases and in some cities
37with a “just cause for eviction” law, you may not have to move at
38all. All rights and obligations under your lease or tenancy, including
39your obligation to pay rent, will continue after the foreclosure sale.
P35   1You may wish to contact a lawyer or your local legal aid office or
2housing counseling agency to discuss any rights you may have.

3

4(2) The amendments to the notice in this subdivision made by
5the act that added this paragraph shall become operative on March
61, 2013, or 60 days following posting of a dated notice
7incorporating those amendments on the Department of Consumer
8Affairs Internet Web site, whichever date isbegin delete later.end deletebegin insert later.end insert

9(b) It is an infraction to tear down the notice described in
10subdivision (a) within 72 hours of posting. Violators shall be
11subject to a fine of one hundred dollars ($100).

12(c) The Department of Consumer Affairs shall make available
13translations of the notice described in subdivision (a) which may
14be used by a mortgagee, trustee, beneficiary, or authorized agent
15to satisfy the requirements of this section.

16(d) This section shall only apply to loans secured by residential
17real property, and if the billing address for the mortgage note is
18different than the property address.

19(e) This section shall remain in effect only until December 31,
202019, and as of that date is repealed, unless a later enacted statute,
21that is enacted before December 31, 2019, deletes or extends that
22date.

23

SEC. 17.  

Section 2924.19 of the Civil Code, as added by
24Section 22 of Chapter 86 of the Statutes of 2012, is amended to
25 read:

26

2924.19.  

(a) (1) If a trustee’s deed upon sale has not been
27recorded, a borrower may bring an action for injunctive relief to
28enjoin a material violation of Section 2923.5, 2924.17, or 2924.18.

29(2) begin deleteAnyend deletebegin insertAnend insert injunction shall remain in place and any trustee’s
30sale shall be enjoined until the court determines that the mortgage
31servicer, mortgagee, beneficiary, or authorized agent has corrected
32and remedied the violation or violations giving rise to the action
33for injunctive relief. An enjoined entity may move to dissolve an
34injunction based on a showing that the material violation has been
35corrected and remedied.

36(b) After a trustee’s deed upon sale has been recorded, a
37mortgage servicer, mortgagee, beneficiary, or authorized agent
38shall be liable to a borrower for actual economic damages pursuant
39to Section 3281, resulting from a material violation of Section
402923.5, 2924.17, or 2924.18 by that mortgage servicer, mortgagee,
P36   1beneficiary, or authorized agent where the violation was not
2corrected and remedied prior to the recordation of the trustee’s
3deed upon sale. If the court finds that the material violation was
4intentional or reckless, or resulted from willful misconduct by a
5mortgage servicer, mortgagee, beneficiary, or authorized agent,
6the court may award the borrower the greater of treble actual
7damages or statutory damages of fifty thousand dollars ($50,000).

8(c) A mortgage servicer, mortgagee, beneficiary, or authorized
9agent shall not be liable for any violation that it has corrected and
10remedied prior to the recordation of the trustee’s deed upon sale,
11or that has been corrected and remedied by third parties working
12on its behalf prior to the recordation of the trustee’s deed upon
13sale.

14(d) A violation of Section 2923.5, 2924.17, orbegin delete 2917.18end deletebegin insert 2924.18end insert
15 by a person licensed by the Department of Corporations, the
16Department of Financial Institutions, or the Department of Real
17Estate shall be deemed to be a violation of that person’s licensing
18law.

19(e) begin deleteNoend deletebegin insertAend insert violation of this article shallbegin insert notend insert affect the validity of
20a sale in favor of a bona fide purchaser and any of its
21encumbrancers for value without notice.

22(f) A third-party encumbrancer shall not be relieved of liability
23resulting from violations of Section 2923.5, 2924.17 or 2924.18,
24committed by that third-party encumbrancer, that occurred prior
25to the sale of the subject property to the bona fide purchaser.

26(g) The rights, remedies, and procedures provided by this section
27are in addition to and independent of any other rights, remedies,
28or procedures under any other law. Nothing in this section shall
29be construed to alter, limit, or negate any other rights, remedies,
30or procedures provided by law.

31(h) A court may award a prevailing borrower reasonable
32attorney’s fees and costs in an action brought pursuant to this
33section. A borrower shall be deemed to have prevailed for purposes
34of this subdivision if the borrower obtained injunctive relief or
35damages pursuant to this section.

36(i) This section shall apply only to entities described in
37subdivision (b) of Section 2924.18.

38(j)  This section shall remain in effect only until January 1, 2018,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2018, deletes or extends that date.

P37   1

SEC. 18.  

Section 2924.19 of the Civil Code, as added by
2Section 22 of Chapter 87 of the Statutes of 2012, is amended to
3 read:

4

2924.19.  

(a) (1) If a trustee’s deed upon sale has not been
5recorded, a borrower may bring an action for injunctive relief to
6enjoin a material violation of Section 2923.5, 2924.17, or 2924.18.

7(2) begin deleteAnyend deletebegin insertAnend insert injunction shall remain in place and any trustee’s
8sale shall be enjoined until the court determines that the mortgage
9servicer, mortgagee, beneficiary, or authorized agent has corrected
10and remedied the violation or violations giving rise to the action
11for injunctive relief. An enjoined entity may move to dissolve an
12injunction based on a showing that the material violation has been
13corrected and remedied.

14(b) After a trustee’s deed upon sale has been recorded, a
15mortgage servicer, mortgagee, beneficiary, or authorized agent
16shall be liable to a borrower for actual economic damages pursuant
17to Section 3281, resulting from a material violation of Section
182923.5, 2924.17, or 2924.18 by that mortgage servicer, mortgagee,
19beneficiary, or authorized agent where the violation was not
20corrected and remedied prior to the recordation of the trustee’s
21deed upon sale. If the court finds that the material violation was
22intentional or reckless, or resulted from willful misconduct by a
23mortgage servicer, mortgagee, beneficiary, or authorized agent,
24the court may award the borrower the greater of treble actual
25damages or statutory damages of fifty thousand dollars ($50,000).

26(c) A mortgage servicer, mortgagee, beneficiary, or authorized
27agent shall not be liable for any violation that it has corrected and
28remedied prior to the recordation of the trustee’s deed upon sale,
29or that has been corrected and remedied by third parties working
30on its behalf prior to the recordation of the trustee’s deed upon
31sale.

32(d) A violation of Section 2923.5, 2924.17, orbegin delete 2917.18end deletebegin insert 2924.18end insert
33 by a person licensed by the Department of Corporations, the
34Department of Financial Institutions, or the Department of Real
35Estate shall be deemed to be a violation of that person’s licensing
36law.

37(e) begin deleteNoend deletebegin insertAend insert violation of this article shallbegin insert notend insert affect the validity of
38a sale in favor of a bona fide purchaser and any of its
39encumbrancers for value without notice.

P38   1(f) A third-party encumbrancer shall not be relieved of liability
2resulting from violations of Section 2923.5, 2924.17 or 2924.18,
3committed by that third-party encumbrancer, that occurred prior
4to the sale of the subject property to the bona fide purchaser.

5(g) The rights, remedies, and procedures provided by this section
6are in addition to and independent of any other rights, remedies,
7or procedures under any other law. Nothing in this section shall
8be construed to alter, limit, or negate any other rights, remedies,
9or procedures provided by law.

10(h) A court may award a prevailing borrower reasonable
11attorney’s fees and costs in an action brought pursuant to this
12section. A borrower shall be deemed to have prevailed for purposes
13of this subdivision if the borrower obtained injunctive relief or
14damages pursuant to this section.

15(i) This section shall apply only to entities described in
16subdivision (b) of Section 2924.18.

17(j)  This section shall remain in effect only until January 1, 2018,
18and as of that date is repealed, unless a later enacted statute, that
19is enacted before January 1, 2018, deletes or extends that date.

20

SEC. 19.  

Section 2950 of the Civil Code is amended to read:

21

2950.  

When a grant of real property purports to be an absolute
22conveyance, but is intended to bebegin delete defeasableend deletebegin insert defeasibleend insert on the
23performance of certain conditions, such grant is not defeated or
24affected as against any person other than the grantee or his heirs
25or devisees, or persons having actual notice, unless an instrument
26of defeasance, duly executed and acknowledged, shall have been
27recorded in the office of the County Recorder of the county where
28the property is situated.

29

SEC. 20.  

Section 3509 of the Civil Code is amended to read:

30

3509.  

The maxims of jurisprudence hereinafter set forth are
31intended not to qualify any of the foregoing provisions of this
32begin delete Code,end deletebegin insert code,end insert but to aid in their just application.

33

SEC. 21.  

Section 116.940 of the Code of Civil Procedure is
34amended to read:

35

116.940.  

(a) Except as otherwise provided in this section or
36in rules adopted by the Judicial Council, which are consistent with
37the requirements of this section, the characteristics of the small
38claims advisory service required by Section 116.260 shall be
39determined by each county, or by the superior court in a county
P39   1where the small claims advisory service is administered by the
2court, in accordance with local needs and conditions.

3(b) Each advisory service shall provide the following services:

4(1) Individual personal advisory services, in person or by
5telephone, and by any other means reasonably calculated to provide
6timely and appropriate assistance. The topics covered by individual
7personal advisory services shall include, but not be limited to,
8preparation of small claims court filings, procedures, including
9procedures related to the conduct of the hearing, and information
10on the collection of small claims court judgments.

11(2) Recorded telephone messages may be used to supplement
12the individual personal advisory services, but shall not be the sole
13means of providing advice available in the county.

14(3) Adjacent counties, superior courts in adjacent counties, or
15any combination thereof, may provide advisory services jointly.

16(c) Inbegin delete anyend deletebegin insert aend insert county in which the number of small claims actions
17filed annually is 1,000 or less as averaged over the immediately
18preceding two fiscal years, the county or the superior court may
19elect to exempt itself from the requirements set forth in subdivision
20(b). If the small claims advisory service is administered by the
21county, this exemption shall be formally noticed through the
22adoption of a resolution by the board of supervisors. If the small
23claims advisory service is administered by the superior court, this
24exemption shall be formally noticed through adoption of a local
25rule. If a county or court so exempts itself, the county or court
26shall nevertheless provide the following minimum advisory
27services in accordance with rules adopted by the Judicial Council:

28(1) Recorded telephone messages providing general information
29relating to small claims actions filed in the county shall be provided
30during regular business hours.

31(2) Small claims information booklets shall be provided in the
32court clerk’s office of each superior court, appropriate county
33offices, and in any other location that is convenient to prospective
34small claims litigants in the county.

35(d) The advisory service shall operate in conjunction and
36cooperation with the small claims division, and shall be
37administered so as to avoid the existence or appearance of a conflict
38of interest between the individuals providing the advisory services
39and any party to a particular small claims action or any judicial
40officer deciding small claims actions.

P40   1(e) Advisers may be volunteers, and shall be members of the
2State Bar, law students, paralegals, or persons experienced in
3resolving minor disputes, and shall be familiar with small claims
4court rules and procedures. Advisers may not appear in court as
5an advocate for any party.

6(f) Advisers, including independent contractors, other
7employees, and volunteersbegin insert,end insert have the immunity conferred by Section
8818.9 of the Government Code with respect to advice provided as
9a public service on behalf of a court or county to small claims
10litigants and potential litigants under this chapter.

11(g) begin deleteNothing in thisend deletebegin insertThisend insert sectionbegin delete precludesend deletebegin insert does not precludeend insert a
12court or county from contracting with a third party to provide small
13claims advisory services as described in this section.

14

SEC. 22.  

Section 425.50 of the Code of Civil Procedure is
15amended to read:

16

425.50.  

(a) An allegation of a construction-related accessibility
17claim in a complaint, as defined in subdivision (a) of Section 55.52
18of the Civil Code, shall state facts sufficient to allow a reasonable
19person to identify the basis of the violation or violations supporting
20the claim, including all of the following:

21(1) A plain language explanation of the specific access barrier
22or barriers the individual encountered, or by which the individual
23alleges he or she was deterred, with sufficient information about
24the location of the alleged barrier to enable a reasonable person to
25identify the access barrier.

26(2) The way in which the barrier denied the individual full and
27equal use or access, or in which it deterred the individual, on each
28particular occasion.

29(3) The date or dates of each particular occasion on which the
30claimant encountered the specific access barrier, or on which he
31or she was deterred.

32(b) begin deleteAnyend deletebegin insertAend insert complaint alleging a construction-related accessibility
33claim, as those terms are defined in subdivision (a) of Section 55.3
34of the Civil Code, shall be verified by the plaintiff. A complaint
35filed without verification shall be subject to a motion to strike.

36(c) Nothing in this section shall limit the right of a plaintiff to
37amend a complaint under Section 472, or with leave ofbegin insert theend insert court
38under Section 473. However,begin delete anyend deletebegin insert anend insert amended pleading alleging
39a construction-related accessibility claim shall be pled as required
40by subdivision (a).

P41   1(d) This section shall become operative on January 1, 2013.

2

SEC. 23.  

Section 684.115 of the Code of Civil Procedure is
3amended to read:

4

684.115.  

(a) A financial institution may, and if it has more
5than nine branches or offices at which it conducts its business
6within this state, shall, designate one or more central locations for
7service of legal process within this state. Each designated location
8shall be referred to as a “central location.” If a financial institution
9elects or is required to designate a central location for service of
10legal process, the financial institution shall file a notice of its
11designation with the Department of Financial Institutions, which
12filing shall be effective upon filing and shall contain all of the
13following:

14(1) The physical address of the central location.

15(2) The days and hours during which service will be accepted
16at the central location.

17(3) If the central location will not accept service of legal process
18directed at deposit accounts maintained or property held at all of
19the financial institution’s branches or offices within this state, or
20if the service accepted at the central location will not apply to
21safe-deposit boxes or other property of the judgment debtor held
22by or for the judgment debtor, the filing shall also contain sufficient
23information to permit a determination of the limitation or
24limitations, including, in the case of a limitation applicable to
25certain branches or offices, an identification of the branches or
26offices as to which service at the central location will not apply
27and the nature of the limitation applicable to those branches or
28offices. If the limitation will apply to all branches or offices of the
29financial institution within this state, the filing may indicate the
30nature of the limitation and that it applies to all branches or offices,
31in lieu of an identification of branches or offices as to which the
32limitation applies. To the extent that a financial institution’s
33designation of a central location for service of legal process covers
34the process directed at deposit accounts, safe-deposit boxes, or
35other property of the judgment debtor held by or for the judgment
36debtor at a particular branch or office located within this state, the
37branch or office shall be a branch or office covered by central
38process.

39(b) Should a financial institution required to designate a central
40location fail to do so, each branch of that institution located in this
P42   1state shall be deemed to be a central location at which service of
2legal process may be made, and all of the institution’s branches
3or offices located within this state shall be deemed to be a branch
4or office covered by central process.

5(c) Subject to any limitation noted pursuant to paragraph (3) of
6subdivision (a), service of legal process at a central location of a
7financial institution shall be effective against all deposit accounts
8and all property held for safekeeping, as collateral for an obligation
9owed to the financial institution or in a safe-deposit box if the same
10is described in the legal process and held by the financial institution
11at any branch or office covered by central process and located
12within this state. However, while service of legal process at the
13central location will establish a lien on all property, if any property
14other than deposit accounts is physically held by the financial
15institution in a county other than that in which the designated
16central location is located, the financial institution shall include in
17its garnishee’s memorandum the location or locations of the
18property, and the judgment creditor shall obtain a writ of execution
19covering the property and directed to the levying officer in that
20county to accomplish the turnover of the property and shall forward
21the writ and related required documentation to the levying officer
22in the county in which the property is held.

23(d) A financial institution may modify or revoke any designation
24made pursuant to subdivision (a) by filing the modification or
25revocation with the Department of Financial Institutions. The
26modification or revocation shall be effective when the Department
27of Financial Institutions’ records have been updated to reflect the
28modification or revocation, provided that the judgment creditor
29may rely upon the superseded designation during the 30-day period
30following the effective date of the revocation or modification.

31(e) (1) The Department of Financial Institutions shall update its
32online records to reflect a filing by a financial institution pursuant
33to subdivision (a) or a modification or revocation filed by a
34financial institution pursuant to subdivision (d) within 10 business
35days following the filing by the financial institution. The
36Department of Financial Institutions’ Internet Web site shall reflect
37the date its online records for each financial institution have most
38recently been updated.

39(2) The Department of Financial Institutions shall provide any
40person requesting it with a copy of each current filing made by a
P43   1financial institution pursuant to subdivision (a). The Department
2of Financial Institutions may satisfy its obligation under this
3subdivision by posting all current designations of a financial
4institution, or the pertinent information therein, on an Internet Web
5site available to the public without charge, and if that information
6is made available, the Department of Financial Institutions may
7impose a reasonable fee for furnishing that information in any
8other manner.

9(f) As to deposit accounts maintained or property held for
10safekeeping, as collateral for an obligation owed to the financial
11institution or in a safe-deposit box at a branch or office covered
12by central process, service of legal process atbegin delete anyend deletebegin insert aend insert location other
13than a central location designated by the financial institution shall
14not be effective unless the financial institution, in its absolute
15discretion, elects to act upon the process at that location as if it
16were effective. In the absence of an election, the financial
17institution may respond to the legal process by mailing or delivery
18of the garnishee’s memorandum to the levying officer within the
19time otherwise provided therefor, with a statement on the
20garnishee’s memorandum that the legal process was not properly
21served at the financial institution’s designated location for receiving
22legal process, and,begin delete therefor,end deletebegin insert therefore,end insert was not processed, and the
23address at which the financial institution is to receive legal process.

24(g) If any legal process is served at a central location of a
25financial institution pursuant to this section, all related papers to
26be served on the financial institution shall be served at that location,
27unless agreed to the contrary between the serving party and the
28financial institution.

29(h) This subdivision shall apply whenever a financial institution
30operates within this state at least one branch or office in addition
31to its head office or main office, as applicable, or a financial
32institution headquartered in another state operates more than one
33branch or office within this state, and no central location has been
34designated or deemed to have been designated by the institution
35for service of legal process relating to deposit accounts maintained
36at the financial institution’s head office or main office, as
37applicable, and branches located within this state. If a judgment
38creditor reasonably believes that, pursuant to Section 700.140 and,
39if applicable, Section 700.160, any act of enforcement would be
40effective against a specific deposit account maintained at a financial
P44   1institution described in this subdivision, the judgment creditor may
2file with the financial institution a written request that the financial
3institution identify the branch or office within this state at which
4a specified account might be maintained by the financial institution.
5The written request shall contain the following statements or
6information:

7(1) The name of the person reasonably believed by the judgment
8creditor to be a person in whose name the specified deposit account
9stands.

10(2) If the name of the person reasonably believed by the
11judgment creditor to be a person in whose name the specified
12deposit account stands is not a judgment debtor identified in the
13writ of execution, a statement that a person reasonably believed
14by the judgment creditor to be a person in whose name the specified
15deposit account stands will be appropriately identified in the legal
16process to be served pursuant to Section 700.160, including any
17supplementary papers, such as a court order or affidavit if the same
18will be required by Section 700.160.

19(3) The specific identifying number of the account reasonably
20believed to be maintained with the financial institution and standing
21in the name of the judgment debtor or other person.

22(4) The address of the requesting party.

23(5) An affidavit by the judgment creditor or the judgment
24creditor’s counsel stating substantially the following:

25

26I hereby declare that this deposit account location request
27complies with Section 684.115 of the Code of Civil Procedure,
28that the account or accounts of the judgment debtor or other person
29or persons appropriately identified in the legal process and
30specified herein are subject to a valid writ of execution, or court
31order, that I have a reasonable belief, formed after an inquiry
32reasonable under the circumstances, that the financial institution
33receiving this deposit account location request has an account
34standing in the name of the judgment debtor or other person or
35persons appropriately identified in the legal process, and that
36information pertaining to the location of the account will assist the
37judgment creditor in enforcing the judgment.

38

39(i) The affidavit contemplated by subdivision (h) shall be signed
40by the judgment creditor or the judgment creditor’s counsel and
P45   1filed at the financial institution’s head office located within this
2state or, if the financial institution’s head office is in another state,
3at one of its branches or offices within this state. Failure to comply
4with the requirements of subdivision (h) and this subdivision shall
5be sufficient basis for the financial institution to refuse to produce
6the information that would otherwise be required by subdivision
7(j).

8(j) Within 10 banking days following receipt by a financial
9institution at the applicable location specified in subdivision (i) of
10a request contemplated by subdivision (h), as to each specific
11deposit account identified in the request contemplated by
12subdivision (h), the financial institution shall respond by mailing,
13by first-class mail with postage prepaid, to the requester’s address
14as specified in the request a response indicating the branch or office
15location of the financial institution at which the specified deposit
16account might be maintained, or, if the specified deposit account,
17if it exists, would not be maintained at a specific location, at least
18one place within this state at which legal process relating to the
19deposit account should or may be served. The response to be
20furnished pursuant to this subdivision shall not require the financial
21institution to determine whether an account exists or, if an account
22does exist, whether it would be reached by the legal process, rather,
23the branch or office location shall be determined and reported by
24the financial institution based solely upon its determination that
25an account with the identifying number provided by the requester
26would be maintained at that branch if an account did exist, and the
27response shall not contain any information about the name in which
28the account stands or any other information concerning the account,
29if it exists. If more than one account number is specified in the
30request, the financial institution’s responses as to some or all of
31those account numbers may be combined in a single writing.

32(k) A response furnished in good faith by the financial institution
33pursuant to subdivision (j) shall not be deemed to violate the
34privacy of any person in whose name the specified deposit account
35stands nor the privacy of any other person, and shall not require
36the consent of the person in whose name the account stands nor
37that of any other person.

38(l) A financial institution shall not notify the person in whose
39name the specified deposit account stands or any other person
40related to the specified account of the receipt of any request made
P46   1pursuant to subdivision (h) and affecting that person’s or persons’
2accounts at the financial institution, provided that the financial
3institution shall have no liability for its failure to comply with the
4provisions of this subdivision.

5

SEC. 24.  

Section 1282.4 of the Code of Civil Procedure is
6amended to read:

7

1282.4.  

(a) A party to the arbitration has the right to be
8represented by an attorney at any proceeding or hearing in
9arbitration under this title. A waiver of this right may be revoked;
10but if a party revokes that waiver, the other party is entitled to a
11reasonable continuance for the purpose of procuring an attorney.

12(b) Notwithstanding any otherbegin delete provision ofend delete law, including
13Section 6125 of the Business and Professions Code, an attorney
14admitted to the bar of any other state may represent the parties in
15the course of, or in connection with, an arbitration proceeding in
16this state, provided that the attorney, if not admitted to the State
17Bar of California, satisfies all of the following:

18(1) He or she timely serves the certificate described in
19subdivision (c).

20(2) The attorney’s appearance is approved in writing on that
21certificate by the arbitrator, the arbitrators, or the arbitral forum.

22(3) The certificate bearing approval of the attorney’s appearance
23is filed with the State Bar of California and served on the parties
24as described in this section.

25(c) Within a reasonable period of time after the attorney
26described in subdivision (b) indicates an intention to appear in the
27arbitration, the attorney shall serve a certificate in a form prescribed
28by the State Bar of California on the arbitrator, arbitrators, or
29arbitral forum, the State Bar of California, and all other parties
30and counsel in the arbitration whose addresses are known to the
31attorney. The certificate shall state all of the following:

32(1) The case name and number, and the name of the arbitrator,
33arbitrators, or arbitral forum assigned to the proceeding in which
34the attorney seeks to appear.

35(2) The attorney’s residence and office address.

36(3) The courts before which the attorney has been admitted to
37practice and the dates of admission.

38(4) That the attorney is currently a member in good standing
39of, and eligible to practice law before, the bar of those courts.

P47   1(5) That the attorney is not currently on suspension or disbarred
2from the practice of law before the bar of any court.

3(6) That the attorney is not a resident of the State of California.

4(7) That the attorney is not regularly employed in the State of
5California.

6(8) That the attorney is not regularly engaged in substantial
7business, professional, or other activities in the State of California.

8(9) That the attorney agrees to be subject to the jurisdiction of
9the courts of this state with respect to the law of this state governing
10the conduct of attorneys to the same extent as a member of the
11State Bar of California.

12(10) The title of the court and the cause in which the attorney
13has filed an application to appear as counsel pro hac vice in this
14state or filed a certificate pursuant to this section in the preceding
15two years, the date of each application or certificate, and whether
16or not it was granted. If the attorney has made repeated
17appearances, the certificate shall reflect the special circumstances
18that warrant the approval of the attorney’s appearance in the
19arbitration.

20(11) The name, address, and telephone number of the active
21member of the State Bar of California who is the attorney of record.

22(d) The arbitrator, arbitrators, or arbitral forum may approve
23the attorney’s appearance if the attorney has complied with
24subdivision (c). Failure to timely file and serve the certificate
25described in subdivision (c) shall be grounds for disapproval of
26the appearance and disqualification from serving as an attorney in
27the arbitration in which the certificate was filed. In the absence of
28special circumstances, repeated appearances shall be grounds for
29disapproval of the appearance and disqualification from serving
30as an attorney in the arbitration in which the certificate was filed.

31(e) Within a reasonable period of time after the arbitrator,
32arbitrators, or arbitral forum approves the certificate, the attorney
33shall file the certificate with the State Bar of California and serve
34the certificate as described in Section 1013a on all parties and
35counsel in the arbitration whose address is known to the attorney.

36(f) An attorney who fails to file or serve the certificate required
37by this section or files or serves a certificate containing false
38information or who otherwise fails to comply with the standards
39of professional conduct required of members of the State Bar of
40California shall be subject to the disciplinary jurisdiction of the
P48   1State Bar with respect to that certificate or any of his or her acts
2occurring in the course of the arbitration.

3(g) Notwithstanding any otherbegin delete provision ofend delete law, including
4Section 6125 of the Business and Professions Code, an attorney
5who is a member in good standing of the bar of any state may
6represent the parties in connection with rendering legal services
7in this state in the course of and in connection with an arbitration
8pending in another state.

9(h) Notwithstanding any otherbegin delete provision ofend delete law, including
10Section 6125 of the Business and Professions Code, any party to
11an arbitration arising under collective bargaining agreements in
12industries and provisions subject to either state or federal law may
13be represented in the course of, and in connection with, those
14proceedings by any person, regardless of whether that person is
15licensed to practice law in this state.

16(i) Nothing in this section shall apply to Division 4 (commencing
17with Section 3201) of the Labor Code.

18(j) (1) In enacting the amendments to this section made by
19Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
20of the Legislature to respond to the holding in Birbrower v.
21Superior Court (1998) 17 Cal.4thbegin delete 117,end deletebegin insert 119,end insert as modified at 17
22Cal.4th 643a (hereafter Birbrower), to provide a procedure for
23nonresident attorneys who are not licensed in this state to appear
24in California arbitration proceedings.

25(2) In enacting subdivision (h), it is the intent of the Legislature
26to make clear that any party to an arbitration arising under a
27collective bargaining agreement governed by the laws of this state
28may be represented in the course of and in connection with those
29proceedings by any person regardless of whether that person is
30licensed to practice law in this state.

31(3) Except as otherwise specifically provided in this section, in
32enacting the amendments to this section made by Assembly Bill
332086 of the 1997-98 Regular Session, it is the Legislature’s intent
34that nothing in this section is intended to expand or restrict the
35ability of a party prior to the decision in Birbrower to elect to be
36represented by any person in a nonjudicial arbitration proceeding,
37to the extent those rights or abilities existed prior to that decision.
38To the extent that Birbrower is interpreted to expand or restrict
39that right or ability pursuant to the laws of this state, it is hereby
40abrogated except as specifically provided in this section.

P49   1(4) In enacting subdivision (i), it is the intent of the Legislature
2to make clear that nothing in this section shall affect those
3provisions of law governing the right of injured workers to elect
4to be represented by any person, regardless of whether that person
5is licensed to practice law in this state, as set forth in Division 4
6(commencing with Section 3200) of the Labor Code.

7

SEC. 25.  

Section 7237 of the Corporations Code is amended
8to read:

9

7237.  

(a) Forbegin delete theend delete purposes of this section, “agent” meansbegin delete anyend delete
10begin insert aend insert person who is or was a director, officer, employee or other agent
11of the corporation, or is or was serving at the request of the
12corporation as a director, officer, employee or agent of another
13foreign or domestic corporation, partnership, joint venture, trust
14or other enterprise, or was a director, officer, employee or agent
15of a foreign or domestic corporation that was a predecessor
16corporation of the corporation or of another enterprise at the request
17of the predecessor corporation; “proceeding” means any threatened,
18pending or completed action or proceeding, whether civil, criminal,
19administrative or investigative; and “expenses” includes without
20limitation attorneys’ fees and any expenses of establishing a right
21to indemnification under subdivision (d) or paragraph (3) of
22subdivision (e).

23(b) A corporation shall have power to indemnifybegin delete anyend deletebegin insert aend insert person
24who was or is a party or is threatened to be made a party to any
25proceeding (other than an action by or in the right of the
26corporation to procure a judgment in its favor, an action brought
27under Section 5233 of Part 2 (commencing with Section 5110)
28made applicable pursuant to Section 7238, or an action brought
29by the Attorney General or a person granted relator status by the
30Attorney General for any breach of duty relating to assets held in
31charitable trust) by reason of the fact that the person is or was an
32agent of the corporation, against expenses, judgments, fines,
33settlements and other amounts actually and reasonably incurred
34in connection with the proceeding if the person acted in good faith
35and in a manner the person reasonably believed to be in the best
36interests of the corporation and, in the case of a criminal
37proceeding, had no reasonable cause to believe the conduct of the
38person was unlawful. The termination of any proceeding by
39judgment, order, settlement, conviction or upon a plea of nolo
40contendere or its equivalent shall not, of itself, create a presumption
P50   1that the person did not act in good faith and in a manner which the
2person reasonably believed to be in the best interests of the
3corporation or that the person had reasonable cause to believe that
4the person’s conduct was unlawful.

5(c) A corporation shall have power to indemnifybegin delete anyend deletebegin insert aend insert person
6who was or is a party or is threatened to be made a party to any
7threatened, pending or completed action by or in the right of the
8corporation, or brought under Section 5233 of Part 2 (commencing
9with Section 5110) made applicable pursuant to Section 7238, or
10brought by the Attorney General or a person granted relator status
11by the Attorney General for breach of duty relating to assets held
12in charitable trust, to procure a judgment in its favor by reason of
13the fact that the person is or was an agent of the corporation, against
14expenses actually and reasonably incurred by the person in
15connection with the defense or settlement of the action if the person
16acted in good faith, in a manner the person believed to be in the
17best interests of the corporation and with such care, including
18reasonable inquiry, as an ordinarily prudent person in a like
19position would use under similar circumstances. No
20indemnification shall be made under this subdivision:

21(1) In respect of any claim, issue or matter as tobegin delete whichtheend deletebegin insert which
22theend insert
person shall have been adjudged to be liable to the corporation
23in the performance of the person’s duty to the corporation, unless
24and only to the extent that the court in which the proceeding is or
25was pending shall determine upon application that, in view of all
26the circumstances of the case, the person is fairly and reasonably
27entitled to indemnity for the expenses which the court shall
28determine;

29(2) Of amounts paid in settling or otherwise disposing of a
30threatened or pending action, with or without court approval; or

31(3) Of expenses incurred in defending a threatened or pending
32action that is settled or otherwise disposed of without court
33approval unless the action concerns assets held in charitable trust
34and is settled with the approval of the Attorney General.

35(d) To the extent that an agent of a corporation has been
36successful on the merits in defense of any proceeding referred to
37in subdivision (b) or (c) or in defense of any claim, issue or matter
38therein, the agent shall be indemnified against expenses actually
39and reasonably incurred by the agent in connection therewith.

P51   1(e) Except as provided in subdivision (d), any indemnification
2under this section shall be made by the corporation only if
3authorized in the specific case, upon a determination that
4indemnification of the agent is proper in the circumstances because
5the agent has met the applicable standard of conduct set forth in
6subdivision (b) or (c), by:

7(1) A majority vote of a quorum consisting of directors who are
8not parties to the proceeding;

9(2) Approval of the members (Section 5034), with the persons
10to be indemnified not being entitled to vote thereon; or

11(3) The court in which the proceeding is or was pending upon
12application made by the corporation or the agent or the attorney
13or other person rendering services in connection with the defense,
14whether or not the application by the agent, attorney or other person
15is opposed by the corporation.

16(f) Expenses incurred in defending any proceeding may be
17advanced by the corporationbegin delete prior toend deletebegin insert beforeend insert the final disposition
18of the proceeding upon receipt of an undertaking by or on behalf
19of the agent to repay the amount unless it shall be determined
20ultimately that the agent is entitled to be indemnified as authorized
21in this section. The provisions of subdivision (a) of Section 7235
22do not apply to advances made pursuant to this subdivision.

23(g) begin deleteNoend deletebegin insertAend insert provision made by a corporation to indemnify its or its
24subsidiary’s directors or officers for the defense of any proceeding,
25whether contained in the articles, bylaws, a resolution of members
26or directors, an agreement or otherwise, shallbegin insert notend insert be valid unless
27consistent with this section. Nothing contained in this section shall
28affect any right to indemnification to which persons other than the
29directors and officers may be entitled by contract or otherwise.

30(h) No indemnification or advance shall be made under this
31section, except as provided in subdivision (d) or paragraph (3) of
32subdivision (e), in any circumstance where it appears:

33(1) That it would be inconsistent with a provision of the articles,
34bylaws, a resolution of the members or an agreement in effect at
35the time of the accrual of the alleged cause of action asserted in
36the proceeding in which the expenses were incurred or other
37amounts were paid, which prohibits or otherwise limits
38indemnification; or

39(2) That it would be inconsistent with any condition expressly
40imposed by a court in approving a settlement.

P52   1(i) A corporation shall have power to purchase and maintain
2insurance on behalf ofbegin delete anyend deletebegin insert anend insert agent of the corporation against any
3liability asserted against or incurred by the agent in that capacity
4or arising out of the agent’s status as such whether or not the
5corporation would have the power to indemnify the agent against
6that liability under the provisions of this section.

7(j) This section does not apply to any proceeding againstbegin delete anyend deletebegin insert aend insert
8 trustee, investment manager, or other fiduciary of a pension,
9deferred compensation, saving, thrift, or other retirement, incentive,
10or benefit plan, trust, or provision for any or all of the corporation’s
11directors, officers, employees, and persons providing services to
12the corporation or any of its subsidiary or related or affiliated
13corporations, in that person’s capacity as such, even though the
14person may also be an agent as defined in subdivision (a) of the
15employer corporation. A corporation shall have power to indemnify
16the trustee, investment manager or other fiduciary to the extent
17permitted by subdivision (e) of Section 7140.

18

SEC. 26.  

The heading of Chapter 5.5 (commencing with
19Section 15900) of Title 2 of the Corporations Code is amended
20and renumbered to read:

21 

22Chapter  begin delete5.5.end deletebegin insert4.5.end insert Uniform Limited Partnership Act of
232008
24

 

25

SEC. 27.  

Section 15282 of the Education Code is amended to
26read:

27

15282.  

(a) The citizens’ oversight committee shall consist of
28at least seven members who shall serve for a minimum term of
29two years without compensation and for no more than three
30consecutive terms. While consisting of a minimum of at least seven
31members, the citizens’ oversight committee shall be comprised,
32as follows:

33(1) One member shall be active in a business organization
34representing the business community located within thebegin insert school
35district or community collegeend insert
district.

36(2) One member shall be active in a senior citizens’ organization.

37(3) One member shall be active in a bona fide taxpayers’
38organization.

39(4) For a school district, one member shall be the parent or
40guardian of a child enrolled in the school district. For a community
P53   1college district, one member shall be a student who is both
2currently enrolled in the community college district and active in
3a community college group, such as student government. The
4community college student member may, at the discretion of the
5begin delete board,end deletebegin insert governing board of the community college district,end insert serve
6up to six months after his or her graduation.

7(5) For a school district, one member shall be both a parent or
8guardian of a child enrolled in the school district and active in a
9parent-teacher organization, such as the Parent Teacher Association
10or schoolsite council. For a community college district, one
11member shall be active in the support and organization of a
12community college or the community colleges of the district, such
13as a member of an advisory council or foundation.

14(b) begin deleteNoend deletebegin insertAnend insert employee or official of thebegin insert school district or
15community collegeend insert
district shallbegin insert notend insert be appointed to the citizens’
16oversight committee.begin delete Noend deletebegin insert Aend insert vendor, contractor, or consultant of the
17begin insert school district or community collegeend insert district shallbegin insert notend insert be appointed
18to the citizens’ oversight committee. Members of the citizens’
19oversight committee shall, pursuant to Sections 35233 and 72533,
20abide by the prohibitions contained in Article 4 (commencing with
21Section 1090) and Article 4.7 (commencing with Section 1125)
22of Chapter 1 of Division 4 of Title 1 of the Government Code.

23

SEC. 28.  

Section 17193.5 of the Education Code is amended
24to read:

25

17193.5.  

(a) For purposes of this section, “public credit
26provider” means any financial institution or combination of
27financial institutions, that consists either solely, or has as a member
28or participant, a public retirement system. Notwithstanding any
29other law, a public credit provider, in connection with providing
30credit enhancement for bonds, notes, certificates of participation,
31or other evidences of indebtedness of a participating party, may
32require the participating party to agree to the following conditions:

33(1) If a participating party adopts a resolution by a majority vote
34of its board to participate under this section, it shall provide notice
35to the Controller of that election. The notice shall include a
36schedule for the repayment of principal and interest on the bonds,
37notes, certificates of participation, or other evidence of
38indebtedness and identify the public credit provider that provided
39credit enhancement. The notice shall be provided not later than
40the date of issuance of the bonds.

P54   1(2) If, for any reasonbegin insert,end insert a public credit provider is required to
2make principal or interest paymentsbegin insert,end insert or bothbegin insert,end insert pursuant to a credit
3enhancement agreement, the public credit provider shall
4immediately notify the Controller of that fact and of the amount
5paid out by the public credit provider.

6(3) Upon receipt of the notice required by paragraph (2), the
7Controller shall make an apportionment to the public credit
8provider in the amount of the payments made by the public credit
9provider for the purpose of reimbursing the public credit provider
10for its expenditures made pursuant to the credit enhancement
11agreement. The Controller shall make that apportionment only
12from moneys designated for apportionments to a participating
13party, provided that such moneys are from one or more of the
14following:

15(A) Any revenue limit apportionments to a school district or
16county office of education without regard to the specific funding
17source of the apportionment.

18(B) Any general apportionments to a community college district
19without regard to the specific funding source of the apportionment.

20(C) Any charter school block grant apportionments to a charter
21school without regard to the specific funding source of the
22apportionment.

23(D) Any charter school categorical block grant apportionments
24to a charter school without regard to the specific funding source
25of the apportionment.

26(b) The amount apportioned for a participating party pursuant
27to this section shall be deemed to be an allocation to the
28participating party and shall be included in the computation of
29allocation, limit, entitlement, or apportionment for the participating
30party. The participating party and its creditors do not have a claim
31to funds apportioned or anticipated to be apportioned to the trustee
32by the Controller pursuant to paragraph (3) of subdivision (a).

33

SEC. 29.  

Section 17250.25 of the Education Code is amended
34to read:

35

17250.25.  

Design-build projects shall progress as follows:

36(a) (1) The school district governing board shall prepare a
37request for proposal setting forth the scope of the project that may
38include, but is not limited to, the size, type, and desired design
39character of the buildings and site, performance specifications
40covering the quality of materials, equipment, and workmanship,
P55   1preliminary plans or building layouts, or any other information
2deemed necessary to describe adequately the school district’s
3needs. The performance specifications and any plans shall be
4prepared by a design professional duly licensed or registered in
5this state. The request for proposal shall not include a
6design-build-operate contract for educational facilities pursuant
7to this chapter.

8(2) Each request for proposal shall do all of the following:

9(A) Identify the basic scope and needs of the project or contract,
10the expected cost range, and other information deemed necessary
11by the school district to inform interested parties of the contracting
12opportunity.

13(B) Invite interested parties to submit competitive sealed
14proposals in the manner prescribed by the school district.

15(C) Include a section identifying and describing the following:

16(i) All significant factors and subfactors that the school district
17reasonably expects to consider in evaluating proposals, including
18cost or price and all nonprice related factors and subfactors.

19(ii) The methodology and rating or weighting scheme that will
20be used by the school district governing board in evaluating
21competitive proposals and specifically whether proposals will be
22rated according to numeric or qualitative values.

23(iii) The relative importance or weight assigned to each of the
24factors identified in the request for proposal.

25(iv) As an alternative to clause (iii), the governing board of a
26school district shall specifically disclose whether all evaluation
27factors other than cost or price, when combined, are any of the
28following:

29(I) Significantly more important than cost or price.

30(II) Approximately equal in importance to cost or price.

31(III) Significantly less important than cost or price.

32(v) If the school district governing board wishes to reserve the
33right to hold discussions or negotiations with responsive bidders,
34it shall so specify in the request for proposal and shall publish
35separately or incorporate into the request for proposal applicable
36rules and procedures to be observed by the school district to ensure
37that any discussions or negotiations are conducted in a fair and
38impartial manner.

39(3) Notwithstanding Section 4-315 of Title 24 of the California
40Code of Regulations, an architect or structural engineer who is
P56   1party to a design-build entity may perform the services set forth
2in Section 17302.

3(b) (1) The school district shall establish a procedure to
4 prequalify design-build entities using a standard questionnaire
5developed by the Director of the Department of Industrial
6Relations. In preparing the questionnaire, the director shall consult
7with the construction industry, including representatives of the
8building trades, surety industry, school districts, and other affected
9parties. This questionnaire shall require information including, but
10not limited to, all of the following:

11(A) If the design-build entity is a partnership, limited
12partnership, or other association, a listing of all of the partners,
13general partners, or association members who will participate as
14subcontractors in the design-build contract, including, but not
15limited to, electrical and mechanical subcontractors.

16(B) Evidence that the members of the design-build entity have
17completed, or demonstrated, the experience, competency,
18capability, and capacity to complete projects of similar size, scope,
19or complexity, and that proposed key personnel have sufficient
20experience and training to competently manage and complete the
21design and construction of the project.

22(C) The licenses, registration, and credentials required to design
23and construct the project, including information on the revocation
24or suspension ofbegin delete anyend deletebegin insert aend insert license, credential, or registration.

25(D) Evidence that establishes that the design-build entity has
26the capacity to obtain all required payment and performance
27bonding, liability insurance, and errors and omissions insurance,
28as well as a financial statement that ensures the school district that
29the design-build entity has the capacity to complete the project.

30(E) Any prior serious or willful violation of the California
31Occupational Safety and Health Act of 1973 (Part 1 (commencing
32with Section 6300) of Division 5 of the Labor Code) or thebegin delete Federalend delete
33begin insert federalend insert Occupational Safety and Health Act of 1970 (P.L. 91-596),
34settled againstbegin delete anyend deletebegin insert aend insert member of the design-build entity, and
35information concerning a contractor member’s workers’
36compensation experience history and worker safety program.

37(F) Information concerning any debarment, disqualification, or
38removal from a federal, state, or local government public works
39project.

P57   1(G) Any instance where an entity, its owners, officers, or
2managing employees, submitted a bid on a public works project
3and were found by an awarding body not to be a responsible bidder.

4(H) Any instance where the entity, its owners, officers, or
5managing employees defaulted on a construction contract.

6(I) Any prior violations of the Contractors’ State License Law
7(Chapter 9 (commencing with Section 7000) of Division 3 of the
8Business and Professions Code), excluding alleged violations of
9federal or state law including the payment of wages, benefits,
10apprenticeship requirements, or personal income tax withholding,
11or of Federal Insurance Contribution Act (FICA) withholding
12requirements, settled againstbegin delete anyend deletebegin insert aend insert member of the design-build
13entity.

14(J) Information concerning the bankruptcy or receivership of a
15member of the entity, including information concerning any work
16completed by a surety.

17(K) Information concerning all settled adverse claims, disputes,
18or lawsuits between the owner of a public works project and a
19member of the design-build entity during the five-year period
20preceding submission of the bid pursuant to this section, in which
21the claim, settlement, or judgment exceeds fifty thousand dollars
22($50,000). Information shall also be provided concerning any work
23completed by a surety during this period.

24(L) In the case of a partnership or other association that is not
25a legal entity, a copy of the agreement creating the partnership or
26association.

27(2) The information required pursuant to this subdivision shall
28be verified under oath by the design-build entity and its members
29in the manner in which civil pleadings in civil actions are verified.
30Information that is not a public record pursuant to the California
31Public Records Act (Chapter 3.5 (commencing with Section 6250)
32of Division 7 of Title 1 of the Government Code) shall not be open
33to public inspection.

34(c) The school district shall establish a procedure for final
35selection of the design-build entity. Selection shall be based on
36either of the following criteria:

37(1) A competitive bidding process resulting in lump-sum bids
38by the prequalified design-build entities. Award shall be made on
39the basis of the lowest responsible bid.

P58   1(2) Notwithstanding any other provision of this code or of
2Section 20110 of the Public Contract Code, a school district may
3use a design-build competition based upon performance and other
4criteria set forth by the governing board of the school district in
5the solicitation of proposals. Criteria used in this evaluation of
6proposals may include, but need not be limited to, the proposed
7design approach, life cycle costs, project features, and project
8functions. However, competitive proposals shall be evaluated by
9using the criteria and source selection procedures specifically
10identified in the request for proposal. Once the evaluation is
11complete, all responsive bidders shall be ranked from the most
12advantageous to least advantageous to the school district.

13(A) An architectural or engineering firm or individual retained
14by the governing board of the school district to assist in the
15development criteria or preparation of the request for proposal
16shall not be eligible to participate in the competition with the
17design-build entity.

18(B) The award of the contract shall be made to the responsible
19bidder whose proposal is determined, in writing by the school
20district, to be the best value to the school district.

21(C) Proposals shall be evaluated and scored solely on the basis
22of the factors and source selection procedures identified in the
23request for proposal. However, the following minimum factors
24shall collectively represent at least 50 percent of the total weight
25or consideration given to all criteria factors: price, technical
26expertise, life cycle costs over 15 years or more, skilled labor force
27availability, and acceptable safety record.

28(D) The school district governing board shall issue a written
29decision supporting its contract award and stating in detail the
30basis of the award. The decision and the contract file must be
31sufficient to satisfy an external audit.

32(E) Notwithstanding any provision of the Public Contract Code,
33upon issuance of a contract award, the school district governing
34board shall publicly announce its awards identifying the contractor
35to whom the award is made, the winning contractor’s price proposal
36and its overall combined rating on the request for proposal
37evaluation factors. The notice of award shall also include the
38agency’s ranking in relation to all other responsive bidders and
39their respective price proposals and a summary of the school
40district’s rationale for the contract award.

P59   1(F) Forbegin delete theend delete purposes of this chapter, “skilled labor force
2availability” means that an agreement exists with a registered
3 apprenticeship program, approved by the California Apprenticeship
4Council, which has graduated apprentices in the preceding five
5years. This graduation requirement shall not apply to programs
6providing apprenticeship training for any craft that has not been
7deemed by thebegin insert United Statesend insert Department of Labor and the
8Department of Industrial Relations to be an apprenticable craft in
9the two years before enactment of this act.

10(G) For purposes of this chapter, a bidder’s “safety record” shall
11be deemed “acceptable” if its experience modification rate for the
12most recent three-year period is an average of 1.00 or less, and its
13average total recordable injury or illness rate and average lost work
14rate for the most recent three-year period does not exceed the
15applicable statistical standards for its business category, or if the
16bidder is a party to an alternative dispute resolution system as
17provided for in Section 3201.5 of the Labor Code.

18

SEC. 30.  

Section 18720 of the Education Code is amended to
19read:

20

18720.  

(a) There is hereby established in the state government
21the California Library Services Board, to consist of 13 members.
22The Governor shall appoint nine members of the board. Three of
23the Governor’s appointments shall be representative of laypersons,
24one of whom shall represent people with disabilities, one of whom
25shall represent limited- and non-English-speaking persons, and
26one of whom shall represent economically disadvantaged persons.

27(b) The Governor shall also appoint six members of the board,
28each of whom shall represent one of the following categories:
29school libraries, libraries for institutionalized persons, public library
30trustees or commissioners, public libraries, special libraries, and
31academic libraries.

32(c) The Legislature shall appoint the remaining four public
33members from persons who are not representative of categories
34mentioned in this section. Two shall be appointed by the Senate
35begin delete Rulesend delete Committeebegin insert on Rulesend insert and two shall be appointed by the
36Speaker of the Assembly.

37(d) The terms of office of members of the board shall be for
38four years and shall begin on January 1 of the year in which the
39respective terms are to start.

P60   1(e) On January 1, 2013, the members of the board shall be those
2persons serving on the former Library of California Board,
3appointed pursuant to former Section 18820, as it existed on
4December 31, 2012, who shall serve for the duration of their terms.

5

SEC. 31.  

Section 22138.5 of the Education Code, as added by
6Section 2 of Chapter 829 of the Statutes of 2012, is amended to
7read:

8

22138.5.  

(a) (1) “Full time” means the days or hours of
9creditable service the employer requires to be performed by a class
10of employees in a school year in order to earn the compensation
11earnable as defined in Section 22115 and specified under the terms
12of a collective bargaining agreement or employment agreement.
13For the purpose of crediting service under this part, “full time”
14may not be less than the minimum standard specified in this
15section. Each collective bargaining agreement or employment
16agreement that applies to a member subject to the minimum
17standard specified in either paragraph (5) or (6) of subdivision (c)
18shall specify the number of hours of creditable service that equal
19“full time” pursuant to this section for each class of employee
20subject to either paragraphbegin delete, shallend deletebegin insert andend insert make specific reference to
21this section, and the district shall submit a copy of the agreement
22to the system.

23(2) The copies of each agreement shall be submitted
24electronically in a format determined by the system that ensures
25the security of the transmitted member data.

26(3) The copies shall be electronically submitted annually to the
27system on or before July 1, or on or before the effective date of
28the agreement, whichever is later.

29(b) The minimum standard for full time in prekindergarten
30through grade 12 is as follows:

31(1) One hundred seventy-five days per year or 1,050 hours per
32year, except as provided in paragraphs (2) and (3).

33(2) (A)   One hundred ninety days per year or 1,520 hours per
34year for all principals and program managers, including advisers,
35coordinators, consultants, and developers or planners of curricula,
36instructional materials, or programs, and for administrators, except
37as provided in subparagraph (B).

38(B) Two hundred fifteen days per year or 1,720 hours per year
39including school and legal holidays pursuant to the policy adopted
P61   1by the employer’s governing board for administrators at a county
2office of education.

3(3) One thousand fifty hours per year for teachers in adult
4education programs.

begin delete

5(4) Notwithstanding any other provision of this subdivision, if
6a school district, county office of education, or charter school
7reduces the number of days of instruction pursuant to Section
846201.4 for the 2012-13 or 2013-14 fiscal years, the minimum
9standard for full time specified in paragraph (1) shall be reduced
10to the number of days of instruction provided by that school district,
11county office of education, or charter school and the number of
12hours of instruction equal to the number of days of instruction
13times six. The minimum standard for full time specified in
14paragraphs (2) and (3) for that school district, county office of
15education, or charter school shall be reduced by the same
16percentage of days and hours the standard specified in paragraph
17(1) was reduced pursuant to this paragraph.

end delete

18(c) The minimum standard for full time in community colleges
19is as follows:

20(1) One hundred seventy-five days per year or 1,050 hours per
21year, except as provided in paragraphs (2), (3), (4), (5), and (6).
22Full time includes time for duties the employer requires to be
23performed as part of the full-time assignment for a particular class
24of employees.

25(2) One hundred ninety days per year or 1,520 hours per year
26for all program managers and for administrators, except as provided
27in paragraph (3).

28(3) Two hundred fifteen days per year or 1,720 hours per year
29including school and legal holidays pursuant to the policy adopted
30by the employer’s governing board for administrators at a district
31office.

32(4) One hundred seventy-five days per year or 1,050 hours per
33year for all counselors and librarians.

34(5) Five hundred twenty-five instructional hours per school year
35for all instructors employed on a part-time basis, except instructors
36specified in paragraph (6). If an instructor receives compensation
37for office hours pursuant to Article 10 (commencing with Section
3887880) of Chapter 3 of Part 51 of Division 7 of Title 3, the
39minimum standard shall be increased appropriately by the number
40of office hours required annually for the class of employees.

P62   1(6) Eight hundred seventy-five instructional hours per school
2year for all instructors employed in adult education programs. If
3an instructor receives compensation for office hours pursuant to
4Article 10 (commencing with Section 87880) of Chapter 3 of Part
551 of Division 7 of Title 3, the minimum standard shall be
6 increased appropriately by the number of office hours required
7annually for the class of employees.

8(d) The board has final authority to determine full time for
9purposes of crediting service under this part if full time is not
10otherwise specified in this section.

11(e) This section shall become operative on July 1, 2013.

12

SEC. 32.  

Section 33195 of the Education Code is amended to
13read:

14

33195.  

(a) Every person, firm, association, partnership, or
15corporation operating a heritage school as defined in Section
1633195.4 shall, between the 1st and 31st day of January of each
17year, commencing on January 1, 2011, file with the Superintendent
18an electronic registration form, under penalty of perjury, by the
19owner or other head setting forth the following information for the
20current year:

21(1) All names, whether real or fictitious, of the person, firm,
22association, partnership, or corporation under which it has done
23and is doing business.

24(2) The address, including city and street, of the location at
25which the heritage school delivers services to pupils.

26(3) The names and addresses, including city and street, of the
27directors, if any, and principal officers of the person, firm,
28association, partnership, or corporation.

29(4) The school enrollment, by grade span, number of teachers,
30and coeducational or enrollment limited to boys or girls.

31(5) That the following records are maintained at the address
32stated, and are true and accurate:

33(A) The courses of study offered by the institution.

34(B) The names and addresses, including city and street, of its
35faculty, together with a record of the educational qualifications of
36each faculty member.

37(6) Criminal record summary information that has been obtained
38pursuant to Section 44237.

39(7) The heritage school telephone number.

P63   1(8) Acknowledgment that the director of the heritage school
2and all employees are mandated reporters and subject to the
3requirements established by the Child Abuse and Neglect Reporting
4Act (Article 2.5 (commencing with Section 11164) of Chapter 2
5of Title 1 of Part 4 of the Penal Code) and, consistent with that
6act, certification that:

7(A) The employer is aware that it is encouraged to provide its
8employees with training in the duties imposed by the act.

9(B) Employees have signed a statement provided by the
10employer that the employees have knowledge of the act and will
11comply with its provisions.

12(C) Employees have been notified by the employer of their
13reporting obligations and confidentiality rights, pursuant to Section
1411165.9 of the Penal Code.

15(b) If two or more heritage schools are under the effective
16control or supervision of a single administrative unit, the
17administrative unit shall comply with the provisions of this section
18by submitting an electronic registration form on behalf of every
19heritage school under its effective control or supervision.

20(c) Filing pursuant to this section shall not be interpreted to
21mean, and it shall be unlawful for a school to expressly or impliedly
22represent, that the State of California, the Superintendent, the state
23board, thebegin delete department,end deletebegin insert departmentend insert or a division or bureau of the
24department, or an accrediting agency has made an evaluation,
25recognition, approval, or endorsement of the school or course,
26unless this is an actual fact.

27(d) Filing pursuant to this section does not grant a heritage
28school a right to receive state funding.

29

SEC. 33.  

Section 35583 of the Education Code is amended to
30read:

31

35583.  

For purposes of paragraph (1) of subdivision (a) of
32Section 35735.1, the blended revenue limit per unit of average
33daily attendance for the Wiseburn Unified School District shall be
34calculated as follows:

35(a) Multiply the Wiseburn School District revenue limit per unit
36of average daily attendance for the 2012-13 fiscal year by nine.

37(b) Multiply the Centinela Valley Union High School District
38revenue limit per unit of average daily attendance for the 2012-13
39fiscal year by four.

P64   1(c) Add the products determined pursuant to subdivisions (a)
2and (b).

3(d) Divide the sum determined pursuant to subdivision (c) by
413. This amount shall be the blendedbegin delete baseend delete revenue limit per unit
5of average daily attendance for the Wiseburn Unified School
6District.

7

SEC. 34.  

Section 38000 of the Education Code is amended to
8read:

9

38000.  

(a) The governing board of a school district may
10establish a security department under the supervision of a chief of
11security as designated by, and under the direction of, the
12superintendent of the school district. In accordance with Chapter
135 (commencing with Section 45100) of Part 25, the governing
14board of a school district may employ personnel to ensure the
15safety of school district personnel and pupils and the security of
16the real and personal property of the school district. It is the intent
17of the Legislature in enacting this section that a school district
18security department is supplementary to city and county law
19enforcement agencies and is not vested with general police powers.

20(b) The governing board of a school district may establish a
21school police department under the supervision of a school chief
22of police and, in accordance with Chapter 5 (commencing with
23Section 45100) of Part 25, may employ peace officers, as defined
24begin delete byend deletebegin insert inend insert subdivision (b) of Section 830.32 of the Penal Code, to ensure
25the safety of school district personnel and pupils, and the security
26of the real and personal property of the school district.

27(c) The governing board of a school district that establishes a
28security department or a police department shall set minimum
29qualifications of employment for the chief of security or school
30chief of police, respectively, including, but not limited to, prior
31employment as a peace officer or completion of a peace officer
32training course approved by the Commission on Peace Officer
33Standards and Training. A chief of security or school chief of
34police shall comply with the prior employment or training
35requirement set forth in this subdivision as of January 1, 1993, or
36a date one year subsequent to the initial employment of the chief
37of security or school chief of police by the school district,
38whichever occurs later. This subdivision shall not be construed to
39require the employment by a school district of additional personnel.

P65   1(d) A school district may assign a school police reserve officer
2who is deputized pursuant to Section 35021.5 to a schoolsite to
3supplement the duties of school policebegin delete officerend deletebegin insert officersend insert pursuant to
4this section.

5

SEC. 35.  

Section 41320.1 of the Education Code is amended
6to read:

7

41320.1.  

Acceptance by the school district of the
8apportionments made pursuant to Section 41320 constitutes the
9agreement by the school district to all of the following conditions:

10(a) The Superintendent shall appoint a trustee who has
11recognized expertise in management and finance and may employ,
12on a short-term basis, staff necessary to assist the trustee, including,
13but not limited to, certified public accountants, as follows:

14(1) The expenses incurred by the trustee and necessary staff
15shall be borne by the school district.

16(2) The Superintendent shall establish the terms and conditions
17of the employment, including the remuneration of the trustee. The
18trustee shall serve at the pleasure of, and report directly to, the
19Superintendent.

20(3) The trustee, and necessary staff, shall serve until the school
21district has adequate fiscal systems and controls in place, the
22Superintendent has determined that the school district’s future
23compliance with the fiscal plan approved for the school district
24under Section 41320 is probable, and the Superintendent decides
25to terminate the trustee’s appointment, but in no event, for less
26than three years. The Superintendent shall notify the county
27superintendent of schools, the Legislature, the Department of
28Finance, and the Controller no less than 60 days before the time
29that the Superintendent expects these conditions to be met.

30(4) Before the school district repays the loan, including interest,
31the recipient of the loan shall select an auditor from a list
32established by the Superintendent and the Controller to conduct
33an audit of its fiscal systems. If the fiscal systems are deemed to
34be inadequate, the Superintendent may retain the trustee until the
35deficiencies are corrected. The cost of this audit and any additional
36cost of the trustee shall be borne by the school district.

37(5) Notwithstanding any other law, all reports submitted to the
38trustee are public records.

39(6) To facilitate the appointment of the trustee and the
40employment of necessary staff, for purposes of this section, the
P66   1Superintendent is exempt from the requirements of Article 6
2(commencing with Section 999) of Chapter 6 of Division 4 of the
3Military and Veterans Code and Part 2 (commencing with Section
410100) of Division 2 of the Public Contract Code.

5(7) Notwithstanding any other law, the Superintendent may
6appoint an employee of the department to act as trustee for up to
7the duration of the trusteeship. The salary and benefits of that
8employee shall be established by the Superintendent and paid by
9the school district. During the time of appointment, the employee
10is an employee of the school district, but shall remain in the same
11retirement system under the same plan as if the employee had
12remained in the department. Upon the expiration or termination
13of the appointment, the employee shall have the right to return to
14his or her former position, or to a position at substantially the same
15level as that position, with the department. The time served in the
16appointment shall be counted for all purposes as if the employee
17had served that time in his or her former position with the
18department.

19(b) (1) The trustee appointed by the Superintendent shall
20monitor and review the operation of the school district. During the
21period of his or her service, the trustee may stay or rescind an
22action of the governing board of the school district that, in the
23judgment of the trustee, may affect the financial condition of the
24school district.

25(2) After the trustee’s period of service, and until the loan is
26repaid, the county superintendent of schools that has jurisdiction
27over the school district may stay or rescind an action of the
28governing board of the school district that, in his or her judgment,
29may affect the financial condition of the school district. The county
30superintendent of schools shall notify the Superintendent, within
31five business days, if he or she stays or rescinds an action of the
32governing board of the school district. The notice shall include,
33but not be limited to, both of the following:

34(A) A description of the governing board of the school district’s
35intended action and its financial implications.

36(B) The rationale and findings that support the county
37superintendent of school’s decision to stay or rescind the action
38of the governing board of the school district.

39(3) If the Superintendent is notified by the county superintendent
40of schools pursuant to paragraph (2), the Superintendent shall
P67   1report to the Legislature, on or before December 30 of every year,
2whether the school district is complying with the fiscal plan
3approved for the school district.

4(4) The Superintendent may establish timelines and prescribe
5formats for reports and other materials to be used by the trustee to
6monitor and review the operations of the school district. The trustee
7shall approve or reject all reports and other materials required from
8the school district as a condition of receiving the apportionment.
9The Superintendent, upon the recommendation of the trustee, may
10reduce an apportionment to the school district in an amount up to
11two hundred dollars ($200) per day for each late or unacceptable
12report or other material required under this part, and shall report
13to the Legislature a failure of the school district to comply with
14the requirements of this section. If the Superintendent determines,
15at any time, that the fiscal plan approved for the school district
16under Section 41320 is unsatisfactory, he or she may modify the
17plan as necessary, and the school district shall comply with the
18plan as modified.

19(c) At the request of the Superintendent, the Controller shall
20transfer to the department, from an apportionment to which the
21school district would otherwise have been entitled pursuant to
22Section 42238, the amount necessary to pay the expenses incurred
23by the trustee and associated costs incurred by the county
24superintendent of schools.

25(d) For the fiscal year in which the apportionments are disbursed
26and every year thereafter, the Controller, or his or her designee,
27shall cause an audit to be conducted of the books and accounts of
28the school district, in lieu of the audit required by Section 41020.
29At the Controller’s discretion, the audit may be conducted by the
30Controller, his or her designee, or an auditor selected by the school
31district and approved by the Controller. The costs of these audits
32shall be borne by the school district. These audits shall be required
33until the Controller determines, in consultation with the
34Superintendent, that the school district is financially solvent, but
35in no event earlier than one year following the implementation of
36the plan or later than the time the apportionment made is repaid,
37including interest. In addition, the Controller shall conduct quality
38control reviews pursuant to subdivision (c) of Section 14504.2.

39(e) For purposes of errors and omissions liability insurance
40policies, the trustee appointed pursuant to this section is an
P68   1employee of the local educational agency to which he or she is
2assigned. For purposes of workers’ compensation benefits, the
3trustee is an employee of the local educational agency to which
4he or she is assigned, except that a trustee appointed pursuant to
5paragraph (7) of subdivision (a) is an employee of the department
6forbegin delete that purpose.end deletebegin insert those purposes.end insert

7(f) Except for an individual appointed by the Superintendent as
8trustee pursuant to paragraph (7) of subdivision (a), the
9state-appointed trustee is a member of the State Teachers’
10Retirement System, if qualified, for the period of service as trustee,
11unless the trustee elects in writing not to become a member. A
12person who is a member or retirant of the State Teachers’
13Retirement System at the time of appointment shall continue to
14be a member or retirant of the system for the duration of the
15appointment. If the trustee chooses to become a member or is
16already a member, the trustee shall be placed on the payroll of the
17school district forbegin delete purposesend deletebegin insert the purposeend insert of providing appropriate
18contributions to the system. The Superintendent may also require
19that an individual appointed as trustee pursuant to paragraph (7)
20of subdivision (a) be placed on the payroll of the school district
21for purposes of remuneration, other benefits, and payroll
22deductions. For purposes of workers’ compensation benefits, the
23state-appointed trustee is deemed an employee of the local
24educational agency to which he or she is assigned, except that a
25trustee who is appointed pursuant to paragraph (7) of subdivision
26(a) is an employee of the department forbegin delete that purpose.end deletebegin insert those
27purposes.end insert

28

SEC. 36.  

Section 41326 of the Education Code is amended to
29read:

30

41326.  

(a) Notwithstanding any other provision of this code,
31the acceptance by a school district of an apportionment made
32pursuant to Section 41320 that exceeds an amount equal to 200
33percent of the amount of the reserve recommended for that school
34district under the standards and criteria adopted pursuant to Section
3533127 constitutes the agreement by the school district to the
36conditions set forth in this article. Before applying for an
37emergency apportionment in the amount identified in this
38subdivision, the governing board of a school district shall discuss
39the need for that apportionment at a regular or special meeting of
40the governing board of the school district and, at that meeting,
P69   1shall receive testimony regarding the apportionment from parents,
2exclusive representatives of employees of the school district, and
3other members of the community. For purposes of this article,
4“qualifying school district” means a school district that accepts a
5loan as described in this subdivision.

6(b) The Superintendent shall assume all the legal rights, duties,
7and powers of the governing board of a qualifying school district.
8The Superintendent, in consultation with the county superintendent
9of schools, shall appoint an administrator to act on his or her behalf
10in exercising the authority described in this subdivision in
11accordance with all of the following:

12(1) The administrator shall serve under the direction and
13supervision of the Superintendent until terminated by the
14Superintendent at his or her discretion. The Superintendent shall
15consult with the county superintendent of schools before
16terminating the administrator.

17(2) The administrator shall have recognized expertise in
18management and finance.

19(3) To facilitate the appointment of the administrator and the
20employment of necessary staff, for purposes of this section, the
21Superintendent is exempt from the requirements of Article 6
22(commencing with Section 999) of Chapter 6 of Division 4 of the
23Military and Veterans Code and Part 2 (commencing with Section
2410100) of Division 2 of the Public Contract Code.

25(4) Notwithstanding any other law, the Superintendent may
26appoint an employee of the state or the office of the county
27superintendent of schools to act as administrator for up to the
28duration of the administratorship. During the tenure of his or her
29appointment, the administrator, if he or she is an employee of the
30state or the office of the county superintendent of schools, is an
31employee of the qualifying school district, but shall remain in the
32same retirement system under the same plan that has been provided
33by his or her employment with the state or the office of the county
34superintendent of schools. Upon the expiration or termination of
35the appointment, the employee shall have the right to return to his
36or her former position, or to a position at substantially the same
37level as that position, with the state or the office of the county
38superintendent of schools. The time served in the appointment
39shall be counted for all purposes as if the administrator had served
P70   1that time in his or her former position with the state or the office
2of the county superintendent of schools.

3(5) Except for an individual appointed as an administrator by
4the Superintendent pursuant to paragraph (4), the administrator
5shall be a member of the State Teachers’ Retirement System, if
6qualified, for the period of service as administrator, unless he or
7she elects in writing not to become a member. A person who is a
8member or retirant of the State Teachers’ Retirement System at
9the time of appointment shall continue to be a member or retirant
10of the system for the duration of the appointment. If the
11administrator chooses to become a member or is already a member,
12the administrator shall be placed on the payroll of the qualifying
13school district for purposes of providing appropriate contributions
14to the system. The Superintendent may also require the
15administrator to be placed on the payroll of the qualifying school
16district for purposes of remuneration, other benefits, and payroll
17deductions.

18(6) For purposes of workers’ compensation benefits, the
19administrator is an employee of the qualifying school district,
20except that an administrator appointed pursuant to paragraph (4)
21may be deemed an employee of the state or office of the county
22superintendent of schools, as applicable.

23(7) The qualifying school district shall add the administrator as
24a covered employee of the qualifying school district for all purposes
25of errors and omissions liability insurance policies.

26(8) The salary and benefits of the administrator shall be
27established by the Superintendent and paid by the qualifying school
28district.

29(9) The Superintendent or the administrator may employ, on a
30short-term basis and at the expense of the qualifying school district,
31any staff necessary to assist the administrator, including, but not
32limited to, a certified public accountant.

33(10) The administrator may do all of the following:

34(A) Implement substantial changes in the fiscal policies and
35practices of the qualifying school district, including, if necessary,
36the filing of a petition under Chapter 9 (commencing with Section
37901) of Title 11 of the United States Code for the adjustment of
38indebtedness.

P71   1(B) Revise the educational program of the qualifying school
2district to reflect realistic income projections and pupil performance
3relative to state standards.

4(C) Encourage all members of the school community to accept
5a fair share of the burden of the fiscal recovery of the qualifying
6school district.

7(D) Consult, for the purposes described in this subdivision, with
8the governing board of the qualifying school district, the exclusive
9representatives of the employees of the qualifying school district,
10parents, and the community.

11(E) Consult with, and seek recommendations from, the
12Superintendent, the county superintendent of schools, and the
13County Office Fiscal Crisis and Management Assistance Team
14authorized pursuant to subdivision (c) of Section 42127.8 forbegin delete theend delete
15 purposes described in this article.

16(F) With the approval of the Superintendent, enter into
17agreements on behalf of the qualifying school district and, subject
18to any contractual obligation of the qualifying school district,
19change existing school district rules, regulations, policies, or
20practices as necessary for the effective implementation of the
21recovery plans referred to in Sections 41327 and 41327.1.

22(c) (1) Except as provided for in paragraph (2), the period of
23time during which the Superintendent exercises the authority
24described in subdivision (b), the governing board of the qualifying
25school district shall serve as an advisory body reporting to the
26 state-appointed administrator, and has no rights, duties, or powers,
27and is not entitled to any stipend, benefits, or other compensation
28from the qualifying school district.

29(2) (A) After one complete fiscal year has elapsed following
30the qualifying school district’s acceptance of an emergency
31apportionment, the governing board of the qualifying school district
32may conduct an annual advisory evaluation of an administrator
33for the duration of the administratorship.

34(B) An advisory evaluation of an administrator shall focus on
35the administrator’s effectiveness in leading thebegin insert qualifyingend insert school
36district toward fiscal recovery and improved academic
37achievement. Advisory evaluation criteria shall be agreed upon
38by the governing board of the qualifying school district and the
39administrator before the advisory evaluation. The advisory
40evaluation shall include, but not be limited to, all of the following:

P72   1(i) Goals and standards consistent with Section 41327.1.

2(ii) Commendations in the areas of the administrator’s strengths
3and achievements.

4(iii) Recommendations for improving the administrator’s
5effectiveness in areas of concern and unsatisfactory performance.

6(C) An advisory evaluation of an administrator conducted by
7the governing board of a qualifying school district shall be
8submitted to the Governor, the Legislature, the Superintendent,
9and the County Office Fiscal Crisis and Management Assistance
10Team.

11(3) Upon the appointment of an administrator pursuant to this
12section, the district superintendent is no longer an employee of the
13qualifying school district.

14(4) A determination of the severance compensation for the
15district superintendent shall be made pursuant to subdivision (j).

16(d) Notwithstanding Section 35031 or any other law, the
17administrator, after according the affected employee reasonable
18notice and the opportunity for a hearing, may terminate the
19employment of a deputy, associate, assistant superintendent, or
20other school district level administrator who is employed by a
21qualifying school district under a contract of employment signed
22or renewed after January 1, 1992, if the employee fails to
23document, to the satisfaction of the administrator, that before the
24date of the acceptance of the emergency apportionment he or she
25either advised the governing board of the qualifying school district,
26or his or her superior, that actions contemplated or taken by the
27governing board of the qualifying school district could result in
28the fiscal insolvency of the qualifying school district, or took other
29appropriate action to avert that fiscal insolvency.

30(e) The authority of the Superintendent, and the administrator,
31under this section shall continue until all of the following occur:

32(1) (A) After one complete fiscal year has elapsed following
33the qualifying school district’s acceptance of an emergency
34apportionment as described in subdivision (a), the administrator
35determines, and so notifies the Superintendent and the county
36superintendent of schools, that future compliance by the qualifying
37school district with the recovery plans approved pursuant to
38paragraph (2) is probable.

39(B) The Superintendent may return power to the governing
40board of the qualifying school district for an area listed in
P73   1subdivision (a) of Section 41327.1 if performance under the
2recovery plan for that area has been demonstrated to the satisfaction
3of the Superintendent.

4(2) The Superintendent has approved all of the recovery plans
5referred to in subdivision (a) of Section 41327 and the County
6Office Fiscal Crisis and Management Assistance Team completes
7the improvement plans specified in Section 41327.1 and has
8completed a minimum of two reports identifying the qualifying
9school district’s progress in implementing the improvement plans.

10(3) The administrator certifies that all necessary collective
11bargaining agreements have been negotiated and ratified, and that
12the agreements are consistent with the terms of the recovery plans.

13(4) The qualifying school district has completed all reports
14required by the Superintendent and the administrator.

15(5) The Superintendent determines that future compliance by
16the qualifying school district with the recovery plans approved
17pursuant to paragraph (2) is probable.

18(f) When the conditions stated in subdivision (e) have been met,
19and at least 60 days after the Superintendent has notified the
20Legislature, the Department of Finance, the Controller, and the
21county superintendent of schools that he or she expects the
22conditions prescribed pursuant to this section to be met, the
23governing board of the qualifying school district shall regain all
24of its legal rights, duties, and powers, except for the powers held
25by the trustee provided for pursuant to Article 2 (commencing with
26Section 41320). The Superintendent shall appoint a trustee under
27Section 41320.1 to monitor and review the operations of the
28qualifying school district until the conditions of subdivision (b)
29of that section have been met.

30(g) Notwithstanding subdivision (f), if the qualifying school
31district violates a provision of the recovery plans approved by the
32Superintendent pursuant to this article within five years after the
33trustee appointed pursuant to Section 41320.1 is removed or after
34the emergency apportionment is repaid, whichever occurs later,
35or the improvement plans specified in Section 41327.1 during the
36period of the trustee’s appointment, the Superintendent may
37reassume, either directly or through an administrator appointed in
38accordance with this section, all of the legal rights, duties, and
39powers of the governing board of the qualifying school district.
40The Superintendent shall return to the governing board of the
P74   1qualifying school district all of its legal rights, duties, and powers
2reassumed under this subdivision when he or she determines that
3future compliance with the approved recovery plans is probable,
4or after a period of one year, whichever occurs later.

5(h) Article 2 (commencing with Section 41320) shall apply
6except as otherwise specified in this article.

7(i) It is the intent of the Legislature that the legislative budget
8subcommittees annually conduct a review of each qualifying school
9district that includes an evaluation of the financial condition of the
10qualifying school district, the impact of the recovery plans upon
11the qualifying school district’s educational program, and the efforts
12made by the state-appointed administrator to obtain input from the
13community and the governing board of the qualifying school
14district.

15(j) (1) The district superintendent is entitled to a due process
16hearing for purposes of determining final compensation. The final
17compensation of the district superintendent shall be between zero
18and six times his or her monthly salary. The outcome of the due
19process hearing shall be reported to the Superintendent and the
20public. The information provided to the public shall explain the
21rationale for the compensation.

22(2) This subdivision applies only to a contract for employment
23negotiated on or after June 21, 2004.

24(k) (1) When the Superintendent assumes control over a
25begin insert qualifyingend insert school district pursuant to subdivision (b), he or she
26shall, in consultation with the County Office Fiscal Crisis and
27Management Assistance Team, review the fiscal oversight of the
28qualifying school district by the county superintendent of schools.
29The Superintendent may consult with other fiscal experts, including
30other county superintendents of schools and regional fiscal teams,
31in conducting this review.

32(2) Within three months of assuming control over a qualifying
33school district, the Superintendent shall report his or her findings
34to the Legislature and shall provide a copy of that report to the
35Department of Finance. This report shall include findings as to
36fiscal oversight actions that were or were not taken and may include
37recommendations as to an appropriate legislative response to
38improve fiscal oversight.

39(3) If, after performing the duties described in paragraphs (1)
40and (2), the Superintendent determines that the county
P75   1superintendent of schools failed to carry out his or her
2responsibilities for fiscal oversight as required by this code, the
3Superintendent may exercise the authority of the county
4superintendent of schools who has oversight responsibilities for a
5qualifying school district. If the Superintendent finds, based on
6the report required in paragraph (2), that the county superintendent
7of schools failed to appropriately take into account particular types
8of indicators of financial distress, or failed to take appropriate
9remedial actions in the qualifying school district, the
10Superintendent shall further investigate whether the county
11superintendent of schools failed to take into account those
12indicators, or similarly failed to take appropriate actions in other
13school districts with negative or qualified certifications, and shall
14provide an additional report on the fiscal oversight practices of the
15county superintendent of schools to the appropriate policy and
16fiscal committees of each house of the Legislature and the
17Department of Finance.

18

SEC. 37.  

Section 47660 of the Education Code is amended to
19read:

20

47660.  

(a) For purposes of computing eligibility for, and
21entitlements to, general purpose funding and operational funding
22for categorical programs, the enrollment and average daily
23attendance of a sponsoring local educational agency shall exclude
24the enrollment and attendance of pupils in its charter schools
25funded pursuant to this chapter.

26(b) (1) Notwithstanding subdivision (a), and commencing with
27the 2005-06 fiscal year, for purposes of computing eligibility for,
28and entitlements to, revenue limit funding, the average daily
29attendance of a unified school district, other than a unified school
30district that has converted all of its schools to charter status
31pursuant to Section 47606, shall include all attendance of pupils
32who reside in the unified school district and who would otherwise
33have been eligible to attend a noncharter school of the school
34district, if the school district was a basic aid school district in the
35prior fiscal year, or if the pupils reside in the unified school district
36and attended a charter school of that school district that converted
37to charter status on or after July 1, 2005. Only the attendance of
38the pupils described by this paragraph shall be included in the
39calculation made pursuant to paragraph (7) of subdivision (h) of
40Section 42238.

P76   1(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
2only, for purposes of computing eligibility for, and entitlements
3to, revenue limit funding, the average daily attendance of a unified
4school district, other than a unified school district that has
5converted all of its schools to charter status pursuant to Section
647606 and is operating them as charter schools, shall include all
7attendance of pupils who reside in the unified school district and
8who would otherwise have been eligible to attend a noncharter
9school of the unified school district if the pupils attended a charter
10school operating in the unified school district prior to July 1, 2005.
11Only the attendance of pupils described by this paragraph shall be
12included in the calculation made pursuant to Section 42241.3. The
13attendance of the pupils described by this paragraph shall be
14included in the calculation made pursuant to paragraph (7) of
15subdivision (h) of Section 42238.

16(c) (1) For the attendance of pupils specified in subdivision (b),
17the general-purpose entitlement for a charter school that is
18established through the conversion of an existing public school
19within a unified school district on or after July 1, 2005, but before
20January 1, 2010, shall be determined using the following amount
21of general-purpose funding per unit of average daily attendance,
22in lieu of the amount calculated pursuant to subdivision (a) of
23Section 47633:

24(A) The amount of the actual unrestricted revenues expended
25per unit of average daily attendance for that school in the year
26prior to its conversion to, and operation as, a charter school,
27adjusted for the base revenue limit per pupil inflation increase
28adjustment set forth in Section 42238.1, if this adjustment is
29provided, and also adjusted for equalization, deficit reduction, and
30other state general-purpose increases, if any, provided for the
31unified school district in the year of conversion to, and operation
32as a charter school.

33(B) For a subsequent fiscal year, the general-purpose entitlement
34shall be determined based on the amount per unit of average daily
35attendance allocated in the prior fiscal year adjusted for the base
36revenue limit per pupil inflation increase adjustment set forth in
37Section 42238.1, if this adjustment is provided, and also adjusted
38for equalization, deficit reduction, and other state general-purpose
39increases, if any, provided for the unified school district in that
40fiscal year.

P77   1(2) This subdivision shall not apply to a charter school that is
2established through the conversion of an existing public school
3within a unified school district on or after January 1, 2010, which
4instead shall receive general-purpose fundingbegin insert end insertbegin insertpursuant to Section
547633. This paragraph does not preclude a charter school or
6unified school district from agreeing to an alternative funding
7formula.end insert

begin delete

8pursuant to Section 47633. This paragraph does not preclude a
9charter school or unified school district from agreeing to an
10alternative funding formula.

end delete

11(d) Commencing with the 2005-06 fiscal year, the
12general-purpose funding per unit of average daily attendance
13specified for a unified school district for purposes of paragraph
14(7) of subdivision (h) of Section 42238 for a school within the
15unified school district that converted to charter status on or after
16July 1, 2005, shall be deemed to be the amount computed pursuant
17to subdivision (c).

18(e) A unified school district that is the sponsoring local
19educational agencybegin insert,end insert as defined in subdivision (j) of Section 47632begin insert,end insert
20 of a charter school that is subject to paragraphs (1) and (2) of
21subdivision (c) shall certify to the Superintendent the amount
22specified in paragraph (1) of subdivision (c) prior to the approval
23of the charter petition by the governing board of the school district.
24This amount may be based on estimates of the unrestricted revenues
25expended in the fiscal year prior to the school’s conversion to
26charter status and the school’s operation as a charter school,
27provided that the amount is recertified when the actual data
28becomes available.

29(f) For the purposes of this section, “basic aid school district”
30means a school district that does not receive from the state an
31apportionment of state funds pursuant to subdivision (h) of Section
3242238.

33(g) A school district may use the existing Standardized Account
34Code Structure and cost allocation methods, if appropriate, for an
35accounting of the actual unrestricted revenues expended in support
36of a school pursuant to subdivision (c).

37(h) For purposes of this section and Section 42241.3, “operating”
38means that pupils are attending and receiving instruction at the
39charter school.

P78   1

SEC. 38.  

Section 48853 of the Education Code is amended to
2read:

3

48853.  

(a) A pupil described in subdivision (a) of Section
448853.5 who is placed in a licensed children’s institution or foster
5family home shall attend programs operated by the local
6educational agency, unless one of the following applies:

7(1) The pupil is entitled to remain in his or her school of origin
8pursuant to paragraph (1) of subdivision (d) of Section 48853.5.

9(2) The pupil has an individualized education program requiring
10placement in a nonpublic, nonsectarian school or agency, or in
11another local educational agency.

12(3) The parent or guardian, or other person holding the right to
13make educational decisions for the pupil pursuant to Section 361
14or 726 of the Welfare and Institutions Code or Section 56055,
15determines that it is in the best interests of the pupil to be placed
16in another educational program, in which case the parent or
17guardian or other person holding the right to make educational
18decisions for the pupil shall provide a written statement that he or
19she has made that determination to the local educational agency.
20This statement shall include a declaration that the parent, guardian,
21or other person holding the right to make educational decisions
22for the pupil is aware of all of the following:

23(A) The pupil has a right to attend a regular public school in the
24least restrictive environment.

25(B) The alternate education program is a special education
26program, if applicable.

27(C) The decision to unilaterally remove the pupil from the
28 regular public school and to place the pupil in an alternate
29education program may not be financed by the local educational
30agency.

31(D) Any attempt to seek reimbursement for the alternate
32begin insert educationend insert program may be at the expense of the parent, guardian,
33or other person holding the right to make educational decisions
34for the pupil.

35(b) For purposes of ensuring a parent, guardian, or other person
36holding the right to make educational decisions for the pupil is
37aware of the information described in subparagraphs (A) to (D),
38inclusive, of paragraph (3) of subdivision (a), the local educational
39agency may provide him or her with that information in writing.

P79   1(c) Before any decision is made to place a pupil in a juvenile
2court school as defined by Section 48645.1, a community school
3as described in Sections 1981 and 48660, or other alternative
4educational setting, the parent or guardian, or person holding the
5right to make educational decisions for the pupil pursuant to
6Section 361 or 726 of the Welfare and Institutions Code or Section
756055, shall first consider placement in the regular public school.

8(d) If any dispute arises as to the school placement of a pupil
9subject to this section, the pupil has the right to remain in his or
10her school of origin, as defined in subdivision (e) of Section
1148853.5, pending resolution of the dispute. The dispute shall be
12resolved in accordance with the existing dispute resolution process
13available to any pupil served by the local educational agency.

14(e) This section does not supersede other laws that govern pupil
15expulsion.

16(f) This section does not supersede any other law governing the
17educational placement in a juvenile court school, as defined by
18Section 48645.1, of a pupil detained in a county juvenile hall, or
19committed to a county juvenile ranch, camp, forestry camp, or
20regional facility.

21(g) Foster children living in emergency shelters, as referenced
22in the federal McKinney-Vento Homeless Assistance Act (42
23U.S.C. Sec. 11301 et seq.), may receive educational services at
24the emergency shelter as necessary for short periods of time for
25either of the following reasons:

26(1) For health and safety emergencies.

27(2) To provide temporary, special, and supplementary services
28to meet the child’s unique needs if a decision regarding whether
29it is in the child’s best interests to attend the school of origin cannot
30be made promptly, it is not practical to transport the child to the
31school of origin, and the child would otherwise not receive
32educational services.

33The educational services may be provided at the shelter pending
34a determination by the person holding the right regarding the
35educational placement of the child.

36(h) All educational and school placement decisions shall be
37made to ensure that the child is placed in the least restrictive
38educational programs and has access to academic resources,
39services, and extracurricular and enrichment activities that are
40available to all pupils. In all instances, educational and school
P80   1placement decisions shall be based on the best interests of the
2child.

3

SEC. 39.  

Section 48853.5 of the Education Code is amended
4to read:

5

48853.5.  

(a) This section applies to a foster child. “Foster
6child” means a child who has been removed from his or her home
7pursuant to Section 309 of the Welfare and Institutions Code, is
8the subject of a petition filed under Section 300 or 602 of the
9Welfare and Institutions Code, or has been removed from his or
10her home and is the subject of a petition filed under Section 300
11or 602 of the Welfare and Institutions Code.

12(b) Each local educational agency shall designate a staff person
13as the educational liaison for foster children. In a school district
14that operates a foster children services program pursuant to Chapter
1511.3 (commencing with Section 42920) of Part 24 of Division 3,
16the educational liaison shall be affiliated with the local foster
17children services program. The educational liaison shall do all of
18the following:

19(1) Ensure and facilitate the proper educational placement,
20enrollment in school, and checkout from school of foster children.

21(2) Assist foster children when transferring from one school to
22another school or from one school district to another school district
23in ensuring proper transfer of credits, records, and grades.

24(c) If so designated by the superintendent of the local educational
25agency, the educational liaison shall notify a foster child’s attorney
26and the appropriate representative of the county child welfare
27agency of pending expulsion proceedings if the decision to
28recommend expulsion is a discretionary act, pending proceedings
29to extend a suspension until an expulsion decision is rendered if
30the decision to recommend expulsion is a discretionary act, and,
31if the foster child is an individual with exceptional needs, pending
32manifestation determinations pursuant to Section 1415(k) of Title
3320 of the United States Code if the local educational agency has
34proposed a change in placement due to an act for which the
35decision to recommend expulsion is at the discretion of the
36principal or the district superintendent of schools.

37(d) This section does not grant authority to the educational
38liaison that supersedes the authority granted under state and federal
39law to a parent or legal guardian retaining educational rights, a
40responsible adult appointed by the court to represent the child
P81   1pursuant to Section 361 or 726 of the Welfare and Institutions
2Code, a surrogate parent, or a foster parent exercising the authority
3granted under Section 56055. The role of the educational liaison
4is advisory with respect to placement decisions and determination
5ofbegin insert theend insert school of origin.

6(e) (1) At the initial detention or placement, or any subsequent
7change in placement of a foster child, the local educational agency
8serving the foster child shall allow the foster child to continue his
9or her education in the school of origin for the duration of the
10jurisdiction of the court.

11(2) If the jurisdiction of the court is terminated before the end
12of an academic year, the local educational agency shall allow a
13former foster child who is in kindergarten or any of grades 1 to 8,
14inclusive, to continue his or her education in the school of origin
15through the duration of the academic school year.

16(3) (A) If the jurisdiction of the court is terminated while a
17foster child is in high school, the local educational agency shall
18allow the former foster child to continue his or her education in
19the school of origin through graduation.

20(B) For purposes of this paragraph, a school district is not
21required to provide transportation to a former foster child who has
22an individualized education program that does not require
23transportation as a related service and who changes residence but
24remains in his or her school of origin pursuant to this paragraph,
25unless the individualized education program team determines that
26transportation is a necessary related service.

27(4) To ensure that the foster child has the benefit of matriculating
28with his or her peers in accordance with the established feeder
29patterns of school districts, if the foster child is transitioning
30between school grade levels, the local educational agency shall
31allow the foster child to continue in the school district of origin in
32the same attendance area, or, if the foster child is transitioning to
33a middle school or high school, and the school designated for
34matriculation is in another school district, to the school designated
35for matriculation in that school district.

36(5) Paragraphs (2), (3), and (4) do not require a school district
37to provide transportation services to allow a foster child to attend
38a school or school district, unless otherwise required under federal
39law. This paragraph does not prohibit a school district from, at its
P82   1discretion, providing transportation services to allow a foster child
2to attend a school or school district.

3(6) The educational liaison, in consultation with, and with the
4agreement of, the foster child and the person holding the right to
5make educational decisions for the foster child, may recommend,
6in accordance with the foster child’s best interests, that the foster
7child’s right to attend the school of origin be waived and the foster
8child be enrolled in a public school that pupils living in the
9attendance area in which the foster child resides are eligible to
10attend.

11(7) Before making a recommendation to move a foster child
12from his or her school of origin, the educational liaison shall
13provide the foster child and the person holding the right to make
14educational decisions for the foster child with a written explanation
15stating the basis for the recommendation and how the
16recommendation serves the foster child’s best interest.

17(8) (A) If the educational liaison, in consultation with the foster
18child and the person holding the right to make educational decisions
19for the foster child, agrees that the best interests of the foster child
20would best be served by his or her transfer to a school other than
21the school of origin, the foster child shall immediately be enrolled
22in the new school.

23(B) The new school shall immediately enroll the foster child
24even if the foster child has outstanding fees, fines, textbooks, or
25other items or moneys due to the school last attended or is unable
26to produce clothing or records normally required for enrollment,
27such as previous academic records, medical records, including,
28but not limited to, records or other proof of immunization history
29pursuant to Chapter 1 (commencing with Section 120325) of Part
302 of Division 105 of the Health and Safety Code, proof of
31residency, other documentation, or school uniforms.

32(C) Within two business days of the foster child’s request for
33enrollment, the educational liaison for the new school shall contact
34the school last attended by the foster child to obtain all academic
35and other records. The last school attended by the foster child shall
36provide all required records to the new school regardless of any
37outstanding fees, fines, textbooks, or other items or moneys owed
38to the school last attended. The educational liaison for the school
39last attended shall provide all records to the new school within two
40business days of receiving the request.

P83   1(9) If a dispute arises regarding the request of a foster child to
2remain in the school of origin, the foster child has the right to
3remain in the school of origin pending resolution of the dispute.
4The dispute shall be resolved in accordance with the existing
5dispute resolution process available to a pupil served by the local
6educational agency.

7(10) The local educational agency and the county placing agency
8are encouraged to collaborate to ensure maximum use of available
9federal moneys, explore public-private partnerships, and access
10any other funding sources to promote the well-being of foster
11children through educational stability.

12(11) It is the intent of the Legislature that this subdivision shall
13not supersede or exceed other laws governing special education
14services for eligible foster children.

15(f) For purposes of this section, “school of origin” means the
16school that the foster child attended when permanently housed or
17the school in which the foster child was last enrolled. If the school
18the foster child attended when permanently housed is different
19from the school in which the foster child was last enrolled, or if
20there is some other school that the foster child attended with which
21the foster child is connected and that the foster child attended
22within the immediately preceding 15 months, the educational
23liaison, in consultation with, and with the agreement of, the foster
24child and the person holding the right to make educational decisions
25for the foster child, shall determine, in the best interests of the
26foster child, the school that shall be deemed the school of origin.

27(g) This section does not supersede other law governing the
28educational placements in juvenile court schools, as described in
29Section 48645.1, by the juvenile court under Section 602 of the
30Welfare and Institutions Code.

31

SEC. 40.  

Section 48900 of the Education Code is amended to
32read:

33

48900.  

A pupil shall not be suspended from school or
34recommended for expulsion, unless the superintendent of the school
35district or the principal of the school in which the pupil is enrolled
36determines that the pupil has committed an act as defined pursuant
37to any of subdivisions (a) to (r), inclusive:

38(a) (1) Caused, attempted to cause, or threatened to cause
39physical injury to another person.

P84   1(2) Willfully used force or violence upon the person of another,
2except in self-defense.

3(b) Possessed, sold, or otherwise furnished a firearm, knife,
4explosive, or other dangerous object, unless, in the case of
5possession of an object of this type, the pupil had obtained written
6permission to possess the item from a certificated school employee,
7which is concurred in by the principal or the designee of the
8principal.

9(c) Unlawfully possessed, used, sold, or otherwise furnished,
10or been under the influence of, a controlled substance listed in
11Chapter 2 (commencing with Section 11053) of Division 10 of the
12Health and Safety Code, an alcoholic beverage, or an intoxicant
13of any kind.

14(d) Unlawfully offered, arranged, or negotiated to sell a
15controlled substance listed in Chapter 2 (commencing with Section
1611053) of Division 10 of the Health and Safety Code, an alcoholic
17beverage, or an intoxicant of any kind, and either sold, delivered,
18or otherwise furnished to a person another liquid, substance, or
19material and represented the liquid, substance, or material as a
20controlled substance, alcoholic beverage, or intoxicant.

21(e) Committed or attempted to commit robbery or extortion.

22(f) Caused or attempted to cause damage to school property or
23private property.

24(g) Stole or attempted to steal school property or private
25property.

26(h) Possessed or used tobacco, or products containing tobacco
27or nicotine products, including, but not limited to, cigarettes, cigars,
28miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
29packets, and betel. However, this section does not prohibit use or
30possession by a pupil of his or her own prescription products.

31(i) Committed an obscene act or engaged in habitual profanity
32or vulgarity.

33(j) Unlawfully possessed or unlawfully offered, arranged, or
34negotiated to sell drug paraphernalia, as defined in Section 11014.5
35of the Health and Safety Code.

36(k) Disrupted school activities or otherwise willfully defied the
37valid authority of supervisors, teachers, administrators, school
38officials, or other school personnel engaged in the performance of
39their duties.

P85   1(l) Knowingly received stolen school property or private
2property.

3(m) Possessed an imitation firearm. As used in this section,
4“imitation firearm” means a replica of a firearm that is so
5substantially similar in physical properties to an existing firearm
6as to lead a reasonable person to conclude that the replica is a
7firearm.

8(n) Committed or attempted to commit a sexual assault as
9defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
10Code or committed a sexual battery as defined in Section 243.4
11of the Penal Code.

12(o) Harassed, threatened, or intimidated a pupil who is a
13complaining witness or a witness in a school disciplinary
14proceeding for purposes of either preventing that pupil from being
15a witness or retaliating against that pupil for being a witness, or
16both.

17(p) Unlawfully offered, arranged to sell, negotiated to sell, or
18sold the prescription drug Soma.

19(q) Engaged in, or attempted to engage in, hazing. For purposes
20of this subdivision, “hazing” means a method of initiation or
21preinitiation into a pupil organization or body, whether or not the
22begin insert pupilend insert organization or body is officially recognized by an
23educational institution, which is likely to cause serious bodily
24injury or personal degradation or disgrace resulting in physical or
25mental harm to a former, current, or prospective pupil. For purposes
26of this subdivision, “hazing” does not include athletic events or
27school-sanctioned events.

28(r) Engaged in an act of bullying. For purposes of this
29subdivision, the following terms have the following meanings:

30(1)  “Bullying” means any severe or pervasive physical or verbal
31act or conduct, including communications made in writing or by
32means of an electronic act, and including one or more acts
33committed by a pupil or group of pupils as defined in Section
3448900.2, 48900.3, or 48900.4, directed toward one or more pupils
35thatbegin delete hasend deletebegin insert haveend insert or can be reasonably predicted to have the effect of
36one or more of the following:

37(A) Placing a reasonable pupil or pupils in fear of harm to that
38pupil’s or those pupils’ person or property.

39(B) Causing a reasonable pupil to experience a substantially
40detrimental effect on his or her physical or mental health.

P86   1(C) Causing a reasonable pupil to experience substantial
2interference with his or her academic performance.

3(D) Causing a reasonable pupil to experience substantial
4interference with his or her ability to participate in or benefit from
5the services, activities, or privileges provided by a school.

6(2) (A) “Electronic act” means the transmission, by means of
7an electronic device, including, but not limited to, a telephone,
8wireless telephone, or other wireless communication device,
9computer, or pager, of a communication, including, but not limited
10to, any of the following:

11(i) A message, text, sound, or image.

12(ii) A post on a social network Internet Web site including, but
13not limited to:

14(I) Posting to or creating a burn page. “Burn page” means an
15Internet Web site created for the purpose of having one or more
16of the effects listed in paragraph (1).

17(II) Creating a credible impersonation of another actual pupil
18for the purpose of having one or more of the effects listed in
19paragraph (1). “Credible impersonation” means to knowingly and
20without consent impersonate a pupil for the purpose of bullying
21the pupil and such that another pupil would reasonably believe, or
22has reasonably believed, that the pupil was or is the pupil who was
23impersonated.

24(III) Creating a false profile for the purpose of having one or
25more of the effects listed in paragraph (1). “False profile” means
26a profile of a fictitious pupil or a profile using the likeness or
27attributes of an actual pupil other than the pupil who created the
28false profile.

29(B) Notwithstanding paragraph (1) and subparagraph (A), an
30electronic act shall not constitute pervasive conduct solely on the
31basis that it has been transmitted on the Internet or is currently
32posted on the Internet.

33(3) “Reasonable pupil” means a pupil, including, but not limited
34to, an exceptional needs pupil, who exercises average care, skill,
35and judgment in conduct for a person of his or her age, or for a
36person of his or her age with his or her exceptional needs.

37(s) A pupil shall not be suspended or expelled for any of the
38acts enumerated in this section unless the act is related to a school
39activity or school attendance occurring within a school under the
40jurisdiction of the superintendent of the school district or principal
P87   1or occurring within any other school district. A pupil may be
2suspended or expelled for acts that are enumerated in this section
3and related to a school activity or school attendance that occur at
4any time, including, but not limited to, any of the following:

5(1) While on school grounds.

6(2) While going to or coming from school.

7(3) During the lunch period whether on or off the campus.

8(4) During, or while going to or coming from, a
9school-sponsored activity.

10(t) A pupil who aids or abets, as defined in Section 31 of the
11Penal Code, the infliction or attempted infliction of physical injury
12to another person may be subject to suspension, but not expulsion,
13pursuant to this section, except that a pupil who has been adjudged
14by a juvenile court to have committed, as an aider and abettor, a
15crime of physical violence in which the victim suffered great bodily
16injury or serious bodily injury shall be subject to discipline pursuant
17to subdivision (a).

18(u) As used in this section, “school property” includes, but is
19not limited to, electronic files and databases.

20(v) For a pupil subject to discipline under this section, a
21 superintendent of the school district or principal may use his or
22her discretion to provide alternatives to suspension or expulsion
23that are age appropriate and designed to address and correct the
24pupil’s specific misbehavior as specified in Section 48900.5.

25(w) It is the intent of the Legislature that alternatives to
26suspension or expulsion be imposed against a pupil who is truant,
27tardy, or otherwise absent from school activities.

28

SEC. 41.  

Section 48902 of the Education Code is amended to
29read:

30

48902.  

(a) The principal of a school or the principal’s designee
31shall, before the suspension or expulsion of any pupil, notify the
32appropriate law enforcement authorities of the county or city in
33which the school is situated, of any acts of the pupil that may
34violate Section 245 of the Penal Code.

35(b) The principal of a school or the principal’s designee shall,
36within one schoolday after suspension or expulsion of any pupil,
37notify, by telephone or any other appropriate method chosen by
38the school, the appropriate law enforcement authorities of the
39county or the school district in which the school is situated of any
P88   1acts of the pupil that may violate subdivision (c) or (d) of Section
248900.

3(c) Notwithstanding subdivision (b), the principal of a school
4or the principal’s designee shall notify the appropriate law
5enforcement authorities of the county or city in which the school
6is located of any acts of a pupil that may involve the possession
7or sale of narcotics or of a controlled substance or a violation of
8Section 626.9 or 626.10 of the Penal Code. The principal of a
9school or the principal’s designee shall report any act specified in
10paragraph (1) or (5) of subdivision (c) of Section 48915 committed
11by a pupil or nonpupil on a schoolsite to the city police or county
12sheriff with jurisdiction over the school and the school security
13department or the school police department, as applicable.

14(d) A principal, the principal’s designee, or any other person
15reporting a known or suspected act described in subdivision (a) or
16(b) is not civilly or criminally liable as a result of making any
17report authorized by this article unless it can be proven that a false
18report was made and that the person knew the report was false or
19the report was made with reckless disregard for the truth or falsity
20of the report.

21(e) The principal of a school or the principal’s designee reporting
22a criminal act committed by a schoolage individual with
23exceptional needs, as defined in Section 56026, shall ensure that
24copies of the special education and disciplinary records of the pupil
25are transmitted, as described in Sectionbegin delete 1415(6)(k)end deletebegin insert 1415(k)(6)end insert of
26Title 20 of the United States Code, for consideration by the
27appropriate authorities to whom he or she reports the criminal act.
28Any copies of the pupil’s special education and disciplinary records
29may be transmitted only to the extent permissible under the federal
30Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
31Sec. 1232g et seq.).

32

SEC. 42.  

Section 48911 of the Education Code is amended to
33read:

34

48911.  

(a) The principal of the school, the principal’s designee,
35or the district superintendent of schools may suspend a pupil from
36the school for any of the reasons enumerated in Section 48900,
37and pursuant to Section 48900.5, for no more than five consecutive
38schooldays.

39(b) Suspension by the principal, the principal’s designee, or the
40district superintendent of schools shall be preceded by an informal
P89   1conference conducted by the principal, the principal’s designee,
2or the district superintendent of schools between the pupil and,
3whenever practicable, the teacher, supervisor, or school employee
4who referred the pupil to the principal, the principal’s designee,
5or the district superintendent of schools. At the conference, the
6pupil shall be informed of the reason for the disciplinary action
7and the evidence against him or herbegin insert,end insert and shall be given the
8opportunity to present his or her version and evidence in his or her
9defense.

10(c) A principal, the principal’s designee, or the district
11superintendent of schools may suspend a pupil without affording
12the pupil an opportunity for a conference only if the principal, the
13principal’s designee, or the district superintendent of schools
14determines that an emergency situation exists. “Emergency
15situation,” as used in this article, means a situation determined by
16the principal, the principal’s designee, or the district superintendent
17of schools to constitute a clear and present danger to the life, safety,
18or health of pupils or school personnel. If a pupil is suspended
19without a conference before suspension, both the parent and the
20pupil shall be notified of the pupil’s right to a conference and the
21pupil’s right to return to school for the purpose of a conference.
22The conference shall be held within two schooldays, unless the
23pupil waives this right or is physically unable to attend for any
24reason, including, but not limited to, incarceration or
25hospitalization. The conference shall then be held as soon as the
26pupil is physically able to return to school for the conference.

27(d) At the time of suspension, a school employee shall make a
28reasonable effort to contact the pupil’s parent or guardian in person
29or by telephone. If a pupil is suspended from school, the parent or
30guardian shall be notified in writing of the suspension.

31(e) A school employee shall report the suspension of the pupil,
32including the cause for the suspension, to the governing board of
33the school district or to the district superintendent of schools in
34accordance with the regulations of the governing board of the
35school district.

36(f) The parent or guardian of a pupil shall respond without delay
37to a request from school officials to attend a conference regarding
38his or her child’s behavior.

39No penalties shall be imposed on a pupil for failure of the pupil’s
40parent or guardian to attend a conference with school officials.
P90   1Reinstatement of the suspended pupil shall not be contingent upon
2attendance by the pupil’s parent or guardian at the conference.

3(g) In a case where expulsion from a school or suspension for
4the balance of the semester from continuation school is being
5processed by the governing board of the school district, the district
6superintendent ofbegin delete schools,end deletebegin insert schoolsend insert or other person designated by
7the district superintendent of schools inbegin delete writing,end deletebegin insert writingend insert may extend
8the suspension until the governing board of the school district has
9rendered a decision in the action. However, an extension may be
10granted only if the district superintendent of schools or the district
11superintendent’s designee has determined, following a meeting in
12which the pupil and the pupil’s parent or guardian are invited to
13participate, that the presence of the pupil at the school or in an
14alternative school placement would cause a danger to persons or
15property or a threat of disrupting the instructional process. If the
16pupil is a foster child, as defined in Section 48853.5, the district
17superintendent of schools or the district superintendent’s designee,
18including, but not limited to, the educational liaison for the school
19district, shall also invite the pupil’s attorney and an appropriate
20representative of the county child welfare agency to participate in
21the meeting. If the pupil or the pupil’s parent or guardian has
22requested a meeting to challenge the original suspension pursuant
23to Section 48914, the purpose of the meeting shall be to decide
24upon the extension of the suspension order under this section and
25may be held in conjunction with the initial meeting on the merits
26of the suspension.

27(h) For purposes of this section, a “principal’s designee” is one
28or more administrators at the schoolsite specifically designated by
29the principal, in writing, to assist with disciplinary procedures.

30In the event that there is not an administrator in addition to the
31principal at the schoolsite, a certificated person at the schoolsite
32may be specifically designated by the principal, in writing, as a
33“principal’s designee,” to assist with disciplinary procedures. The
34principal may designate only one person at a time as the principal’s
35primary designee for the school year.

36An additional person meeting the requirements of this
37subdivision may be designated by the principal, in writing, to act
38for purposes of this article when both the principal and the
39principal’s primary designee are absent from the schoolsite. The
40name of the person, and the names of any person or persons
P91   1designated as “principal’s designee,” shall be on file in the
2principal’s office.

3This section is not an exception to, nor does it place any
4limitation on, Section 48903.

5

SEC. 43.  

Section 49076 of the Education Code is amended to
6read:

7

49076.  

(a) A school district shall not permit access to pupil
8records to a person without written parental consent or under
9judicial order except as set forth in this section and as permitted
10by Part 99 (commencing with Section 99.1) of Title 34 of the Code
11of Federal Regulations.

12(1) Access to those particular records relevant to the legitimate
13educational interests of the requester shall be permitted to the
14following:

15(A) School officials and employees of the school district,
16members of a school attendance review board appointed pursuant
17to Section 48321 who are authorized representatives of the school
18district, and any volunteer aide, 18 years of age or older, who has
19been investigated, selected, and trained by a school attendance
20review board for the purpose of providing followup services to
21pupils referred to the school attendance review board, provided
22that the person has a legitimate educational interest to inspect a
23record.

24(B) Officials and employees of other public schools or school
25systems, including local, county, or state correctional facilities
26where educational programs leading to high school graduation are
27provided or where the pupil intends to or is directed to enroll,
28subject to the rights of parents as provided in Section 49068.

29(C) Authorized representatives of the Comptroller General of
30the United States, the Secretary of Education, and state and local
31educational authorities, or the United States Department of
32Education’s Office for Civil Rights, if the information is necessary
33to audit or evaluate a state or federally supported education
34program, or in connection with the enforcement of, or compliance
35with, the federal legal requirements that relate to such a program.
36Records released pursuant to thisbegin delete sectionend deletebegin insert subparagraphend insert shall
37comply with the requirements of Section 99.35 of Title 34 of the
38Code of Federal Regulations.

P92   1(D) Other state and local officials to the extent that information
2is specifically required to be reported pursuant to state law adopted
3before November 19, 1974.

4(E) Parents of a pupil 18 years of age or older who is a
5dependent as defined in Section 152 of Title 26 of the United States
6Code.

7(F) A pupil 16 years of age or older or having completed the
810th grade who requests access.

9(G) A district attorney who is participating in or conducting a
10truancy mediation program pursuant to Section 48263.5, or Section
11601.3 of the Welfare and Institutions Code, or participating in the
12presentation of evidence in a truancy petition pursuant to Section
13681 of the Welfare and Institutions Code.

14(H) A district attorney’s office for consideration against a parent
15or guardian for failure to comply with the Compulsory Education
16Law (Chapter 2 (commencing with Section 48200)) or with
17Compulsory Continuation Education (Chapter 3 (commencing
18with Section 48400)).

19(I) (i) A probation officer, district attorney, or counsel of record
20for a minor for purposes of conducting a criminal investigation or
21an investigation in regards to declaring a person a ward of the court
22or involving a violation of a condition of probation.

23(ii) For purposes of this subparagraph, a probation officer,
24district attorney, and counsel of record for a minor shall be deemed
25to be local officials for purposes of Section 99.31(a)(5)(i) of Title
2634 of the Code of Federal Regulations.

27(iii) Pupil records obtained pursuant to this subparagraph shall
28be subject to the evidentiary rules described in Section 701 of the
29Welfare and Institutions Code.

30(J) A judge or probation officer for the purpose of conducting
31a truancy mediation program for a pupil, or for purposes of
32presenting evidence in a truancy petition pursuant to Section 681
33of the Welfare and Institutions Code. The judge or probation officer
34shall certify in writing to the school district that the information
35will be used only for truancy purposes. A school district releasing
36pupil information to a judge or probation officer pursuant to this
37subparagraph shall inform, or provide written notification to, the
38parent or guardian of the pupil within 24 hours of the release of
39the information.

P93   1(K) A county placing agency when acting as an authorized
2representative of a state or local educational agency pursuant to
3subparagraph (C). School districts, county offices of education,
4and county placing agencies may develop cooperative agreements
5to facilitate confidential access to and exchange of the pupil
6information by email, facsimile, electronic format, or other secure
7means, provided the agreement complies with the requirements
8set forth in Section 99.35 of Title 34 of the Code of Federal
9Regulations.

10(2) School districts may release information from pupil records
11to the following:

12(A) Appropriate persons in connection with an emergency if
13the knowledge of the information is necessary to protect the health
14or safety of a pupil or other persons. Schools or school districts
15releasing information pursuant to thisbegin delete sectionend deletebegin insert subparagraphend insert shall
16comply with the requirements set forth in Sectionbegin delete 99.32(a)(5)end delete
17begin insert 99.31(a)(5)end insert of Title 34 of the Code of Federal Regulations.

18(B) Agencies or organizations in connection with the application
19of a pupil for, or receipt of, financial aid. However, information
20permitting the personal identification of a pupil or his or her parents
21may be disclosed only as may be necessary for purposes as to
22determine the eligibility of the pupil for financial aid, to determine
23the amount of the financial aid, to determine the conditions which
24will be imposed regarding the financial aid, or to enforce the terms
25or conditions of the financial aid.

26(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
27Regulations, a county elections official, for the purpose of
28identifying pupils eligible to register to vote, or for conducting
29programs to offer pupils an opportunity to register to vote. The
30information shall not be used for any other purpose or given or
31transferred to any other person or agency.

32(D) Accrediting associations in order to carry out their
33accrediting functions.

34(E) Organizations conducting studies for, or on behalf of,
35educational agencies or institutions for the purpose of developing,
36validating, or administering predictive tests, administering student
37aid programs, and improving instruction, if the studies are
38conducted in a manner that will not permit the personal
39identification of pupils or their parents by persons other than
40representatives of the organizations, the information will be
P94   1destroyed when no longer needed for the purpose for which it is
2obtained, and the organization enters into a written agreement with
3the educational agency or institution that complies with Section
499.31(a)(6) of Title 34 of the Code of Federal Regulations.

5(F) Officials and employees of private schools or school systems
6where the pupil is enrolled or intends to enroll, subject to the rights
7of parents as provided in Section 49068 and in compliance with
8the requirements in Section 99.34 of Title 34 of the Code of Federal
9Regulations. This information shall be in addition to the pupil’s
10permanent record transferred pursuant to Section 49068.

11(G) (i) A contractor or consultant with a legitimate educational
12interest who has a formal written agreement or contract with the
13school district regarding the provision of outsourced institutional
14services or functions by the contractor or consultant.

15(ii)  begin deleteNotwithstanding Section 99.31(a)(1)(i)(B) of Title 34 of the
16Code of Federal Regulations, aend delete
begin insertAend insert disclosure pursuant to this
17begin delete paragraphend deletebegin insert subparagraphend insert shall not be permitted to a volunteer or
18other party.

19(3) A person, persons, agency, or organization permitted access
20to pupil records pursuant to this section shall not permit access to
21any information obtained from those records by another person,
22persons, agency, or organization, except for allowable exceptions
23contained within the federal Family Educational Rights and Privacy
24Act of 2001 (20 U.S.C. Sec. 1232g) and state law, without the
25written consent of the pupil’s parent. This paragraph does not
26require prior parental consent when information obtained pursuant
27 to this section is shared with other persons within the educational
28institution, agency, or organization obtaining access, so long as
29those persons have a legitimate educational interest in the
30information pursuant to Sectionbegin delete 99.31(a)(1)(i)(A)end deletebegin insert 99.31(a)(1)end insert of
31Title 34 of the Code of Federal Regulations.

32(4) Notwithstanding any other provision of law, a school district,
33including a county office of education or county superintendent
34of schools, may participate in an interagency data information
35system that permits access to a computerized database system
36within and between governmental agencies or school districts as
37to information or records that are nonprivileged, and where release
38is authorized as to the requesting agency under state or federal law
39or regulation, if each of the following requirements are met:

P95   1(A) Each agency and school district shall develop security
2procedures or devices by which unauthorized personnel cannot
3access data contained in the system.

4(B) Each agency and school district shall develop procedures
5or devices to secure privileged or confidential data from
6unauthorized disclosure.

7(C) Each school district shall comply with the access log
8requirements of Section 49064.

9(D) The right of access granted shall not include the right to
10add, delete, or alter data without the written permission of the
11agency holding the data.

12(E) An agency or school district shall not make public or
13otherwise release information on an individual contained in the
14database if the information is protected from disclosure or release
15as to the requesting agency by state or federal law or regulation.

16(b) The officials and authorities to whom pupil records are
17disclosed pursuant to subdivisionbegin delete (f)end deletebegin insert (e)end insert of Section 48902 and
18subparagraph (I) of paragraph (1) of subdivision (a) shall certify
19in writing to the disclosing school district that the information
20shall not be disclosed to another party, except as provided under
21the federal Family Educational Rights and Privacy Act of 2001
22(20 U.S.C. Sec. 1232g) and state law, without the prior written
23consent of the parent of the pupil or the person identified as the
24holder of the pupil’s educational rights.

25(c) (1) Any person or party who is not permitted access to pupil
26records pursuant to subdivision (a) or (b) may request access to
27pupil records as provided for in paragraph (2).

28(2) A local educational agency or other person or party who has
29received pupil records, or information from pupil records, may
30release the records or information to a person or party identified
31in paragraph (1) without the consent of the pupil’s parent or
32guardian pursuant to Section 99.31(b) of Title 34 of the Code of
33Federal Regulations, if the records or information are deidentified,
34which requires the removal of all personally identifiable
35information, provided that the disclosing local educational agency
36or other person or party has made a reasonable determination that
37a pupil’s identity is not personally identifiable, whether through
38single or multiple releases, and has taken into account other
39pertinent reasonably available information.

P96   1

SEC. 44.  

Section 49548 of the Education Code is amended to
2read:

3

49548.  

(a) The state board, in order to effect compliance with
4legislative findings expressed in Section 49547, shall restrict the
5criteria for the issuance of waivers from the requirements of Section
649550 to feed children during a summer school session. A waiver
7shall be granted for a period not to exceed one year if either of the
8following conditions exists:

9(1) (A) A summer school session serving pupils enrolled in
10elementary school, as defined in clause (iii), shall be granted a
11waiver if a Summer Food Service Program for Children site is
12available within one-half mile of the schoolsite and either of the
13following conditions exists:

14(i) The hours of operation of the Summer Food Service Program
15for Children site commence no later than one-half hour after the
16completion of the summer school session day.

17(ii) The hours of operation of the Summer Food Service Program
18for Children site conclude no earlier than one hour after the
19completion of the summer school session day.

20(iii) For purposes of this subdivision, “elementary school” means
21a public school that maintains kindergarten or any of grades 1 to
228, inclusive.

23(B) A summer school session serving pupils enrolled in middle
24school, junior high school, or high school shall be granted a waiver
25if a Summer Food Service Program for Children site is available
26within one mile of the schoolsite and either of the following
27conditions exists:

28(i) The hours of operation of the Summer Food Service Program
29for Children site commence no later than one-half hour after the
30completion of the summer school session day.

31(ii) The hours of operation of the Summer Food Service Program
32for Children site conclude no earlier than one hour after the
33completion of the summer school session day.

34(2) (A) Serving meals during the summer school session would
35result in a financial loss to the school district, documented in a
36financial analysis performed by the school district, in an amount
37equal to one-third of net cash resources, as defined in Section 210.2
38of Part 210 of Title 7 of the Code of Federal Regulations, which,
39forbegin delete theend delete purposes of this article, shall exclude funds that are
40encumbered. If there are no net cash resources, an amount equal
P97   1to the operating costs of one month as averaged over the summer
2school sessions.

3(B) The financial analysis required by subparagraph (A) shall
4include a projection of future meal program participation based
5on either of the following:

6(i) Commencement of a meal service period after the
7commencement of the summer school session day and conclusion
8of a meal service period before the completion of the summer
9school session day.

10(ii) Operation of a schoolsite as an open Summer Seamless
11Option or a Summer Food Service Program for Children site, and
12providing adequate notification thereof, including flyers and
13banners, in order to fulfill community needs under the Summer
14Food Service Program for Children (7 C.F.R. 225.14(d)(3)).

15(3) The entire summer school day is two hours or less in
16 duration.

17(b) The state board and the Superintendent shall provide
18leadership to encourage and support schools and public agencies
19to participate in the Summer Food Service Program for Children,
20consistent with the intent of Section 49504.

21(c) An application for a waiver shall be submitted no later than
2260 days before the last regular meeting of the state board before
23the commencement of the summer school session for which the
24waiver is sought.

25

SEC. 45.  

Section 52052 of the Education Code is amended to
26read:

27

52052.  

(a) (1) The Superintendent, with approval of the state
28board, shall develop an Academic Performance Indexbegin delete (API),end deletebegin insert (API)end insert
29 to measure the performance of schools, especially the academic
30performance of pupils.

31(2) A school shall demonstrate comparable improvement in
32academic achievement as measured by the API by all numerically
33significant pupil subgroups at the school, including:

34(A) Ethnic subgroups.

35(B) Socioeconomically disadvantaged pupils.

36(C) English learners.

37(D) Pupils with disabilities.

38(3) (A) For purposes of this section, a numerically significant
39pupil subgroup is one that meets both of the following criteria:

P98   1(i) The subgroup consists of at least 50 pupilsbegin insert,end insert each of whom
2has a valid test score.

3(ii) The subgroup constitutes at least 15 percent of the total
4population of pupils at a school who have valid test scores.

5(B) If a subgroup does not constitute 15 percent of the total
6population of pupils at a school who have valid test scores, the
7subgroup may constitute a numerically significant pupil subgroup
8if it has at least 100 valid test scores.

9(C) For a school with an API score that is based on no fewer
10than 11 and no more than 99 pupils with valid test scores,
11numerically significant pupil subgroups shall be defined by the
12Superintendent, with approval by the state board.

13(4) (A) The API shall consist of a variety of indicators currently
14reported to the department, including, but not limited to, the results
15of the achievement test administered pursuant to Section 60640,
16attendance rates for pupils in elementary schools, middle schools,
17and secondary schools, and the graduation rates for pupils in
18secondary schools.

19(B) The Superintendent, with the approval of the state board,
20may also incorporate into the API the rates at which pupils
21successfully promote from one grade to the next in middle school
22and high school, and successfully matriculate from middle school
23to high school.

24(C) Graduation rates for pupils in secondary schools shall be
25calculated for the API as follows:

26(i) Four-year graduation rates shall be calculated by taking the
27number of pupils who graduated on time for the current school
28year, which is considered to be three school years after the pupils
29entered grade 9 for the first time, and dividing that number by the
30total calculated in clause (ii).

31(ii) The number of pupils entering grade 9 for the first time in
32the school year three school years before the current school year,
33plus the number of pupils who transferred into the class graduating
34at the end of the current school year between the school year that
35was three school years before the current school year and the date
36of graduation, less the number of pupils who transferred out of the
37school between the school year that was three school years before
38the current school year and the date of graduation who were
39members of the class that is graduating at the end of the current
40school year.

P99   1(iii) Five-year graduation rates shall be calculated by taking the
2number of pupils who graduated on time for the current school
3year, which is considered to be four school years after the pupils
4entered grade 9 for the first time, and dividing that number by the
5total calculated in clause (iv).

6(iv) The number of pupils entering grade 9 for the first time in
7the school year four years before the current school year, plus the
8number of pupils who transferred into the class graduating at the
9end of the current school year between the school year that was
10four school years before the current school year and the date of
11graduation, less the number of pupils who transferred out of the
12school between the school year that was four years before the
13current school year and the date of graduation who were members
14of the class that is graduating at the end of the current school year.

15(v) Six-year graduation rates shall be calculated by taking the
16number of pupils who graduated on time for the current school
17year, which is considered to be five school years after the pupils
18entered grade 9 for the first time, and dividing that number by the
19total calculated in clause (vi).

20(vi) The number of pupils entering grade 9 for the first time in
21the school year five years before the current school year, plus the
22number of pupils who transferred into the class graduating at the
23end of the current school year between the school year that was
24five school years before the current school year and the date of
25graduation, less the number of pupils who transferred out of the
26school between the school year that was five years before the
27current school year and the date of graduation who were members
28of the class that is graduating at the end of the current school year.

29(D) The inclusion of five- and six-year graduation rates for
30pupils in secondary schools shall meet the following requirements:

31(i) Schools shall be granted one-half the credit in their API
32scores for graduating pupils in five years that they are granted for
33graduating pupils in four years.

34(ii) Schools shall be granted one-quarter the credit in their API
35scores for graduating pupils in six years that they are granted for
36graduating pupils in four years.

37(iii) Notwithstanding clauses (i) and (ii), schools shall be granted
38full credit in their API scores for graduating in five or six years a
39pupil with disabilities who graduates in accordance with his or her
40individualized education program.

P100  1(E) The pupil data collected for the API that comes from the
2achievement test administered pursuant to Section 60640 and the
3high school exit examination administered pursuant to Section
460851, when fully implemented, shall be disaggregated by special
5education status, English learners, socioeconomic status, gender,
6and ethnic group. Only the test scores of pupils who were counted
7as part of the enrollment in the annual data collection of the
8California Basic Educational Data System for the current fiscal
9year and who were continuously enrolled during that year may be
10included in the test result reports in the API score of the school.

11(F) (i) Commencing with the baseline API calculation in 2016,
12and for each year thereafter, results of the achievement test and
13other tests specified in subdivision (b) shall constitute no more
14than 60 percent of the value of the index for secondary schools.

15(ii)  In addition to the elements required by this paragraph, the
16Superintendent, with approval of the state board, may incorporate
17into the index for secondary schools valid, reliable, and stable
18measures of pupil preparedness for postsecondary education and
19career.

20(G) Results of the achievement test and other tests specified in
21subdivision (b) shall constitute at least 60 percent of the value of
22the index for primary schools and middle schools.

23(H) It is the intent of the Legislature that the state’s system of
24public school accountability be more closely aligned with both the
25public’s expectations for public education and the workforce needs
26of the state’s economy. It is therefore necessary that the
27accountability system evolve beyond its narrow focus on pupil test
28scores to encompass other valuable information about school
29performance, including, but not limited to, pupil preparedness for
30college and career, as well as the high school graduation rates
31already required by law.

32(I) The Superintendent shall annually determine the accuracy
33of the graduation rate data. Notwithstanding any other law,
34graduation rates for pupils in dropout recovery high schools shall
35not be included in the API. For purposes of this subparagraph,
36“dropout recovery high school” means a high school in which 50
37percent or more of its pupils have been designated as dropouts
38pursuant to the exit/withdrawal codes developed by the department
39or left a school and were not otherwise enrolled in a school for a
40period of at least 180 days.

P101  1(J) To complement the API, the Superintendent, with the
2approval of the state board, may develop and implement a program
3of school quality review that features locally convened panels to
4visit schools, observe teachers, interview pupils, and examine pupil
5work, if an appropriation for this purpose is made in the annual
6Budget Act.

7(K) The Superintendent shall annually provide to local
8educational agencies and the public a transparent and
9understandable explanation of the individual components of the
10API and their relative values within the API.

11(L) An additional element chosen by the Superintendent and
12the state board for inclusion in the API pursuant to this paragraph
13shall not be incorporated into the API until at least one full school
14year after the state board’s decision to include the element into the
15API.

16(b) Pupil scores from the following tests, when available and
17when found to be valid and reliable for this purpose, shall be
18incorporated into the API:

19(1) The standards-based achievement tests provided for in
20Section 60642.5.

21(2) The high school exit examination.

22(c) Based on the API, the Superintendent shall develop, and the
23state board shall adopt, expected annual percentage growth targets
24for all schools based on their API baseline score from the previous
25year. Schools are expected to meet these growth targets through
26effective allocation of available resources. For schools below the
27statewide API performance target adopted by the state board
28pursuant to subdivision (d), the minimum annual percentage growth
29target shall be 5 percent of the difference between the actual API
30score of a school and the statewide API performance target, or one
31API point, whichever is greater. Schools at or above the statewide
32API performance target shall have, as their growth target,
33maintenance of their API score above the statewide API
34performance target. However, the state board may set differential
35growth targets based on grade level of instruction and may set
36higher growth targets for the lowest performing schools because
37they have the greatest room for improvement. To meet its growth
38target, a school shall demonstrate that the annual growth in its API
39is equal to or more than its schoolwide annual percentage growth
P102  1target and that all numerically significant pupil subgroups, as
2defined in subdivision (a), are making comparable improvement.

3(d) Upon adoption of state performance standards by the state
4board, the Superintendent shall recommend, and the state board
5shall adopt, a statewide API performance target that includes
6consideration of performance standards and represents the
7proficiency level required to meet the state performance target.
8When the API is fully developed, schools, at a minimum, shall
9meet their annual API growth targets to be eligible for the
10Governor’s Performance Award Program as set forth in Section
1152057. The state board may establish additional criteria that schools
12must meet to be eligible for the Governor’s Performance Award
13Program.

14(e) (1) A school with 11 to 99 pupils with valid test scores shall
15receive an API score with an asterisk that indicates less statistical
16certainty than API scores based on 100 or more test scores.

17(2) A school annually shall receive an API score, unless the
18Superintendent determines that an API score would be an invalid
19measure of the performance of the school for one or more of the
20following reasons:

21(A) Irregularities in testing procedures occurred.

22(B) The data used to calculate the API score of the school are
23not representative of the pupil population at the school.

24(C) Significant demographic changes in the pupil population
25render year-to-year comparisons of pupil performance invalid.

26(D) The department discovers or receives information indicating
27that the integrity of the API score has been compromised.

28(E) Insufficient pupil participation in the assessments included
29in the API.

30(3) If a school has fewer than 100 pupils with valid test scores,
31the calculation of the API or adequate yearly progress pursuant to
32the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
33et seq.) and federal regulations may be calculated over more than
34one annual administration of the tests administered pursuant to
35Section 60640 and the high school exit examination administered
36pursuant to Section 60851, consistent with regulations adopted by
37the state board.

38(f) Only schools with 100 or more test scores contributing to
39the API may be included in the API rankings.

P103  1(g) The Superintendent, with the approval of the state board,
2shall develop an alternative accountability system for schools under
3the jurisdiction of a county board of education or a county
4superintendent of schools, community day schools, nonpublic,
5nonsectarian schools pursuant to Section 56366, and alternative
6schools serving high-risk pupils, including continuation high
7schools and opportunity schools. Schools in the alternative
8accountability system may receive an API score, but shall not be
9included in the API rankings.

10

SEC. 46.  

Section 60200.8 of the Education Code is amended
11to read:

12

60200.8.  

(a) Notwithstanding Section 60200.7, the state board
13may consider the adoption of a revised curriculum framework and
14evaluation criteria for instructional materials in history-social
15science.

16(b) The department shall conduct work necessary to revise the
17curriculum framework and evaluation criteria for instructional
18materials in history-social science only after it has completed work
19related to the development of curriculum frameworks for the
20common core academicbegin delete contentsend deletebegin insert contentend insert standards pursuant to
21Section 60207.

22

SEC. 47.  

Section 60209 of the Education Code is amended to
23read:

24

60209.  

For purposes of conducting an adoption of basic
25instructional materials for mathematics pursuant to Section 60207,
26all of the following shall apply:

27(a) The department shall provide notice, pursuant to subdivision
28(b), to all publishers or manufacturers known to produce basic
29instructional materials in that subject, post an appropriate notice
30on the Internet Web site of the department, and take other
31reasonable measures to ensure that appropriate notice is widely
32circulated to potentially interested publishers and manufacturers.

33(b) The notice shall specify that each publisher or manufacturer
34choosing to participate in the adoption shall be assessed a fee based
35on the number of programs the publisher or manufacturer indicates
36will be submitted for review and the number of grade levels
37proposed to be covered by each program.

38(c) The fee assessed pursuant to subdivision (d) shall be in an
39amount that does not exceed the reasonable costs to the department
40in conducting the adoption process. The department shall take
P104  1reasonable steps to limit costs of the adoption and to keep the fee
2modest.

3(d) The department, before incurring substantial costs for the
4adoption, shall require that a publisher or manufacturer that wishes
5to participate in the adoption first declare the intent to submit one
6or more specific programs for adoption and specify the specific
7grade levels to be covered by each program.

8(1) After a publisher or manufacturerbegin delete has declaredend deletebegin insert declaresend insert the
9intent to submit one or more programs and the grade levels to be
10covered by each program, the department shall assess a fee that
11shall be payable by the publisher or manufacturer even if the
12publisher or manufacturer subsequently chooses to withdraw a
13program or reduce the number of grade levels covered.

14(2) A submission by a publisher or manufacturer shall not be
15reviewed for purposes of adoption until the fee assessed has been
16paid in full.

17(e) (1) Upon the request of a small publisher or small
18manufacturer, the state board may reduce the fee for participation
19in the adoption.

20(2) For purposes of this section, “small publisher” and “small
21manufacturer” mean an independently owned or operated publisher
22or manufacturer that is not dominant in its field of operation and
23that, together with its affiliates, has 100 or fewer employees, and
24has average annual gross receipts of ten million dollars
25($10,000,000) or less over the previous three years.

26(f) If the department determines that there is little or no interest
27in participating in an adoption by publishers and manufacturers,
28the department shall recommend to the state board whether or not
29the adoption shall be conducted, and the state board may choose
30not to conduct the adoption.

31(g) Revenue derived from fees assessed pursuant to subdivision
32(d) shall be budgeted as reimbursements and subject to review
33through the annual budget process, and may be used to pay for
34costs associated with any adoption and for any costs associated
35with the review of instructional materials, including reimbursement
36of substitute costs for teacher reviewers and may be used to cover
37stipends for content review experts.

38

SEC. 48.  

Section 60605.87 of the Education Code is amended
39to read:

P105  1

60605.87.  

(a) The department shall recommend, and the state
2board shall approve, evaluation criteria to guide the development
3and review of supplemental instructional materials for English
4learners.

5(b) Notwithstanding any other law, and on a one-time basis, the
6department, on or before March 1, 2014, shall develop a list of
7supplemental instructional materials for beginning through
8advanced levels of proficiency for use in kindergarten and grades
91 to 8, inclusive, that are aligned with the revised English language
10development standards adopted pursuant to Section 60811.3. The
11supplemental instructional materials shall provide a bridge between
12the current English language development standards and the revised
13English language development standards pursuant to Section
14 60811.3 with the purpose of ensuring the supplemental
15begin insert instructionalend insert materials address the unique features of the English
16language development standards and remain consistent with the
17relevant elements of the evaluation criteria for English language
18arts supplemental instructional materials adopted pursuant to
19Section 60605.86.

20(c) (1) The department shall recommend, and the state board
21shall approve, content review experts to review, in an open and
22transparent process, supplemental instructional materials submitted
23for approval in the subject area of English language development.

24(2) The majority of content review experts approved pursuant
25to paragraph (1) shall be elementary and secondary schoolteachers
26who are credentialed in English language arts, possess the
27appropriate state English learner authorization, and have five years
28of classroom experience instructing English learners. The content
29review experts also shall include appropriate persons possessing
30English learner expertise from postsecondary educational
31institutions and school and school district curriculum administrators
32possessing English learner expertise, and other persons who are
33knowledgeable in English language arts and English language
34development.

35(d) (1) On or before June 30, 2014, the state board shall do the
36following:

37(A) Approve all, or a portion, of the list of supplemental
38instructional materials proposed by the department, taking into
39consideration the review of the content review experts and any
40other relevant information, as appropriate.

P106  1(B) Reject all, or a portion, of the list of supplemental
2instructional materials proposed by the department, taking into
3consideration the review of the content review experts and any
4other relevant information, as appropriate.

5(2) If the state board rejects all, or a portion, of the list of
6supplemental instructional materials proposed by the department,
7or adds an item to the list, the state board, in a public meeting held
8pursuant to the Bagley-Keene Open Meeting Act (Article 9
9(commencing with Section 11120) of Chapter 1 of Part 1 of
10Division 3 of Title 2 of the Government Code), shall provide
11written reasons for the removal or addition of an item on the list.
12The state board shall not approve a supplemental instructional
13material it adds to the list at the same time it provides its written
14reason for adding the material; instead, the state board shall
15approve the added material at a subsequent public meeting.

16(e) (1) The governing board of a school district and a county
17board of education may approve supplemental instructional
18materials other than those approved by the state board pursuant to
19subdivision (d) if the governing board of a school district or county
20board of education determines that other supplemental instructional
21materials are aligned with the revised English language
22development standards adopted pursuant to Section 60811.3 and
23meet the needs of pupils of the district who are English learners.
24The governing board of a school district or the county board of
25education may only approve supplemental instructional materials
26that comply with all of the following:

27(A) The evaluation criteria approved pursuant to subdivision
28(a).

29(B) Section 60226.

30(C) Subdivision (h).

31(D) Article 4 (commencing with Section 60060) of Chapter 1.

32(2) (A) A supplemental instructional material approved by a
33governing board of a school district or county board of education
34pursuant to this subdivision that is in the subject area of English
35language development shall be reviewed by content review experts
36chosen by the governing board.

37(B) The majority of the content review experts chosen pursuant
38to subparagraph (A) shall be elementary and secondary
39schoolteachers who are credentialed in English language arts,
40possess the appropriate state English learner authorization, and
P107  1have five years of classroom experience instructing English
2learners.

3(C) The content review experts also shall include appropriate
4persons possessing English learner expertise from postsecondary
5educational institutions and school and school district curriculum
6 administrators possessing English learner expertise, and other
7persons who are knowledgeable in English language arts and
8English language development.

9(f) Publishers choosing to submit supplemental instructional
10materials for approval by the state board shall submit standards
11maps.

12(g) (1) Before approving supplemental instructional materials
13pursuant to this section, the state board shall review those
14instructional materials for academic content, social content, and
15instructional support to teachers and pupils. Supplemental
16instructional materials approved by the state board pursuant to this
17section shall meet required program criteria for grade-level
18programs and shall include materials for use by teachers.

19(2) Before approving supplemental instructional materials
20pursuant to this section, the governing board of a school district
21or county board of education shall review those instructional
22materials for academic content and instructional support to teachers
23and pupils who are English learners. Supplemental instructional
24materials approved by the governing board of a school district or
25county board of education pursuant to this section shall meet
26required program criteria for grade-level programs and shall include
27materials for use by teachers.

28(h) Supplemental instructional materials approved pursuant to
29this section shall comply with the social content review
30requirements pursuant to Section 60050.

31(i) The department shall maintain on its Internet Web site the
32list of supplemental instructional materials approved by the state
33board pursuant to subdivision (d).

34(j) This section shall become inoperative on July 1, 2014, and,
35as of July 1, 2015, is repealed, unless a later enacted statute, that
36becomes operative on or before July 1, 2015, deletes or extends
37the dates on which it becomes inoperative and is repealed.

38

SEC. 49.  

Section 60852.1 of the Education Code is amended
39to read:

P108  1

60852.1.  

(a) The Superintendent shall recommend, and the
2state board shall select, members of a panel thatbegin delete willend deletebegin insert shallend insert convene
3to make recommendations regarding alternative means for eligible
4pupils with disabilities to demonstrate that they have achieved the
5same level of academic achievement in the content standards in
6English language arts or mathematics, or both, required for passage
7of the high school exit examination.

8(1) The panel shall be composed of educators and other
9individuals who have experience with the population of pupils
10with disabilities eligible for alternative means of demonstrating
11academic achievement, as defined in Section 60852.2, and
12educators and other individuals who have expertise with multiple
13forms of assessment. The panel shall consult with experts in other
14states that offer alternative means for pupils with disabilities to
15demonstrate academic achievement. A majority of the panel shall
16be classroom teachers.

17(2) The panel shall make findings and recommendations
18regarding all of the following:

19(A) Specific options for alternative assessments, submission of
20evidence, or other alternative means by which eligible pupils with
21disabilities may demonstrate that they have achieved the same
22level of academic achievement in the content standards in English
23language arts or mathematics, or both, required for passage of the
24high school exit examination.

25(B) Scoring or other evaluation systems designed to ensure that
26the eligible pupil with a disability has achieved the same
27competence in the content standards required for passage of the
28high school exit examination.

29(C) Processes to ensure that the form, content, and scoring of
30assessments, evidence, or other means of demonstrating academic
31achievement are applied uniformly across the state.

32(D) Estimates of one-time or ongoing costs, and whether each
33option should be implemented on a statewide or regional basis, or
34both.

35(3) The panel shall present its options and make its findings and
36recommendations to the Superintendent and to the state board by
37October 1, 2009.

38(b) For those portions of, or those academic content standards
39assessed by, the high school exit examination for which the state
40board determines it is feasible to create alternative means by which
P109  1eligible pupils with disabilities may demonstrate the same level
2of academic achievement required for passage of the high school
3exit examination, the state board, taking into consideration the
4findings and recommendations of the panel, shall adopt regulations
5for alternative means by which eligible pupils with disabilities, as
6defined in Section 60852.2, may demonstrate that they have
7achieved the same level of academic achievement in the content
8standards required for passage of the high school exit examination.
9The regulations shall include appropriate timelines and the manner
10in which eligible pupils with disabilities and school districts shall
11be timely notified of the results.

12

SEC. 50.  

Section 66407 of the Education Code is amended to
13read:

14

66407.  

(a) (1) The publisher of a textbook, or an agent or
15employee of the publisher, shall provide a prospective purchaser
16of the textbook with all of the following:

17(A) A list of all the products offered for sale by the publisher
18germane to the prospective purchaser’s subject area of interest.

19(B) For a product listed pursuant to subparagraph (A), the
20wholesale or retail price of the product, and the estimated length
21of time the publisher intends to keep the product on the market.

22(C) For each new edition of a product listed pursuant to begin delete23 paragraph (1),end delete begin insert subparagraph (A),end insert a list of the substantial content
24differences or changes between the new edition and the previous
25edition of the textbook.

26(2) The publisher shall make the lists required by paragraph (1)
27available to a prospective purchaser at the commencement of a
28sales interaction, including, but not necessarily limited to, a sales
29interaction conducted in person, by telephone, or electronically.
30The publisher shall also post in a prominent position on its Internet
31Web site the lists required by paragraph (1).

32(b) As used in this section, the following terms have the
33following meanings:

34(1) “Product” means each version, including, but not necessarily
35limited to, a version in a digital format, of a textbook, or set of
36textbooks, in a particular subject area, including, but not necessarily
37limited to, a supplemental item, whether or not the supplemental
38item is sold separately or together with a textbook.

39(2) “Publisher” has the same meaning as defined in subdivision
40(b) of Section 66406.7.

P110  1(3) “Purchaser” means a faculty member of a public or private
2postsecondary educational institution who selects the textbooks
3assigned to students.

4(4) “Textbook” has the same meaning as defined in subdivision
5(b) of Section 66406.7.

6

SEC. 51.  

Section 81378.1 of the Education Code is amended
7to read:

8

81378.1.  

(a) The governing board of a community college
9district may, without complying with any other provision of this
10article, letbegin insert,end insert in the name of the districtbegin insert,end insert any buildings, grounds, or
11space therein, together with any personal property located thereon,
12not needed for academic activities, upon the terms and conditions
13agreed upon by the governing board and the lessee for a period of
14more than five days but less than five years, as determined by the
15governing board. Before executing the lease, the governing board
16shall include in an agenda of a meeting of the board open to the
17public a description of the proposed lease and an explanation of
18the methodology used to establish the lease rate and for determining
19the fair market value of the lease.

20(b) The governing board shall give public notice before taking
21any action pursuant to subdivision (a). The notice shall include a
22description of the governing board’s intended action. The notice
23shall be printed once a week for three successive weeks prior to
24the board meeting described in subdivision (a) in a newspaper of
25general circulation that is published at least once a week.

26(c) The governing board shall include, as a condition in any
27agreement to let any buildings, grounds, or space therein, together
28with any personal property located thereon, a provision that the
29agreement shall be subject to renegotiation and may be rescinded
30after 60 days’ notice to the lessee if the governing board determines
31at any time during the term of the agreement that the buildings,
32grounds, or space therein subject to the agreement are needed for
33academic activities. Any revenue derived pursuant to the agreement
34shall be retained for the exclusive use of the community college
35district whose buildings, grounds, or space therein are the basis of
36the agreement and shall be used to supplement, but not supplant,
37any state funding. Any buildings, grounds, or spacebegin delete therein,end deletebegin insert thereinend insert
38 let by the district shall be included as space actually available for
39use by the college in any calculations related to any plan for capital
P111  1construction submitted to the board of governors pursuant to
2Chapter 4 (commencing with Section 81800), or any other law.

3(d) The authority of a governing board under this section does
4not apply to the letting of an entire campus.

5(e) The use of any buildings, grounds, or space therein, together
6with any personal property located thereon, let by the governing
7board pursuant to this section shall be consistent with all applicable
8zoning ordinances and regulations.

9

SEC. 52.  

Section 88620 of the Education Code is amended to
10read:

11

88620.  

The following definitions govern the construction of
12this part:

13(a) “Board of governors” means the Board of Governors of the
14California Community Colleges.

15(b) “Business Resource Assistance and Innovation Network”
16means the network of projects and programs that comprise the
17California Community Colleges Economic and Workforce
18Development Program.

19(c) “California Community Colleges Economic and Workforce
20Development Program” and “economic and workforce development
21program” mean the program.

22(d) “Career pathways,” and “career ladders,” or “career lattices”
23mean an identified series of positions, work experiences, or
24educational benchmarks or credentials that offer occupational and
25financial advancement within a specified career field or related
26fields over time.

27(e) (1) “Center” means a comprehensive program of services
28offered by one or more community colleges to an economic region
29of the state in accordance with criteria established by the
30chancellor’s office for designation as an economic and workforce
31development program center. Center services shall be designed to
32respond to the statewide strategic priorities pursuant to the mission
33of the community colleges’ economic and workforce development
34program, and to be consistent with programmatic priorities,
35competitive and emerging industry sectors and industry clusters,
36identified economic development, career technical education,
37business development, and continuous workforce training needs
38of a region. Centers shall provide a foundation for the long-term,
39 sustained relationship with businesses, labor, colleges, and other
P112  1workforce education and training delivery systems, such as local
2workforce investment boards, in the region.

3(2) A center shall support, develop, and deliver direct services
4to students, businesses, colleges, labor organizations, employees,
5and employers. For purposes of this subdivision, direct services
6include, but are not necessarily limited to, data analysis both of
7labor market information and college performance; intraregion
8and multiregion sector coordination and logistics; inventory of
9community college and other assets relevant to meeting a labor
10market need; curriculum development, curriculum model
11development, or job task analysis development; articulation of
12curriculum in a career pathway or career lattice or in a system of
13stackable credentials; faculty training; calibration to a career
14readiness or other assessment; assessment administration; career
15guidance module development or counseling; convenings, such
16as seminars, workshops, conferences, and training; facilitating
17collaboration between faculty working in related disciplines and
18sectors; upgrading, leveraging, and developing technology; and
19other educational services. The establishment and maintenance of
20the centers is under the sole authority of the chancellor’s office in
21order to preserve the flexibility of the system to adapt to labor
22market needs and to integrate resources.

23(f) “Chancellor” means the Chancellor of the California
24Community Colleges.

begin insert

25(g) “Economic security” means, with respect to a worker,
26earning a wage sufficient to adequately support a family and to,
27over time, save money for emergency expenses and adequate
28retirement income, the sufficiency of which is determined
29considering a variety of factors including household size, the cost
30of living in the worker’s community, and other factors that may
31vary by region.

end insert
begin delete

32(g)

end delete

33begin insert(h)end insert “High-priority occupation” means an occupation that has a
34significant presence in a targeted industry sector or industry cluster,
35is in demand by employers, and pays or leads to payment of high
36wages.

begin delete

37(h)

end delete

38begin insert(i)end insert “Industry cluster” means a geographic concentration or
39emerging concentration of interdependent industries with direct
40service, supplier, and research relationships, or independent
P113  1industries that share common resources in a given regional
2economy or labor market. An industry cluster is a group of
3employers closely linked by a common product or services,
4workforce needs, similar technologies, and supply chains in a given
5regional economy or labor market.

begin delete

6(i)

end delete

7begin insert(j)end insert “Industry-driven regional collaborative” means a regional
8public, private, or other community organizational structure that
9jointly defines priorities, delivers services across programs, sectors,
10and in response to, or driven by, industry needs. The
11industry-driven regional collaborative projects meet the needs and
12fill gaps in services that respond to regional business, employee,
13and labor needs. These service-delivery structures offer flexibility
14to local communities and partners to meet the identified needs in
15an economic development region. Industry-driven regional
16collaboratives are broadly defined to allow maximum local
17autonomy in developing projects responding to the needs of
18business, industry, and labor.

begin delete

19(j)

end delete

20begin insert(k)end insert “Industry sector” means those firms that produce similar
21products or provide similar services using somewhat similar
22business processes.

begin delete

23(k)

end delete

24begin insert(l)end insert “Initiative” is an identified strategic priority area that is
25organized statewide, but is a regionally based effort to develop
26and implement innovative solutions designed to facilitate the
27development, implementation, and coordination of community
28college economic development and related programs and services.
29Each initiative shall be workforce and business development driven
30by a statewide committee made up of community college faculty
31and administrators and practitioners and managers from business,
32labor, and industry. Centers, industry-driven regional
33collaboratives, and other economic and workforce development
34programs performing services as a part of the implementation of
35an initiative shall coordinate services statewide and within regions
36of the state, as appropriate.

begin delete

37(l)

end delete

38begin insert(m)end insert “Job development incentive training” means programs that
39provide incentives to employers to create entry-level positions in
P114  1their businesses, or through their suppliers or prime customers, for
2welfare recipients and the working poor.

begin delete

3(m) “Economic security” means, with respect to a worker,
4earning a wage sufficient to adequately support a family and to,
5over time, save money for emergency expenses and adequate
6retirement income, the sufficiency of which is determined
7considering a variety of factors including household size, the cost
8of living in the worker’s community, and other factors that may
9vary by region.

end delete

10(n) “Matching resources” means any combination of public or
11private resources, either cash or in-kind, derived from sources
12other than the economic and workforce development program
13funds appropriated by the annual Budget Act, that are determined
14to be necessary for the success of the project to which they are
15applied. The criteria for in-kind resources shall be developed by
16the board of governors, with advice from the chancellor and the
17California Community Colleges Economic and Workforce
18Development Program Advisory Committee, and shall be consistent
19with generally accepted accounting practices for state and federal
20matching requirements. The ratio of matching resources to
21economic and workforce development program funding shall be
22determined by the board of governors.

23(o) “Performance improvement training” means training
24delivered by a community college that includes all of the following:

25(1) An initial needs assessment process that identifies both
26training and nontraining issues that need to be addressed to improve
27individual and organizational performance.

28(2) Consultation with employers to develop action plans that
29address business or nonprofit performance improvements.

30(3) Training programs that link individual performance
31requirements with quantifiable business measures, resulting in
32demonstrable productivity gains, and, as appropriate, job retention,
33job creation, improvement in wages, or attainment of wages that
34provide economic security.

35(p) “Program” means the California Community Colleges
36Economic and Workforce Development Program established under
37this part.

38(q) “Region” means a geographic area of the state defined by
39economic and labor market factors containing at least one industry
40cluster and the cities, counties, or community college districts, or
P115  1all of them, in the industry cluster’s geographic area. For the
2purposes of this chapter, “California Community College economic
3development regions” shall be designated by the board of governors
4based on factors, including, but not necessarily limited to, all of
5the following:

6(1) Regional economic development and training needs of
7business and industry.

8(2) Regional collaboration, as appropriate, among community
9colleges and districts, and existing economic development,
10continuous workforce improvement, technology deployment, and
11business development.

12(3) Other state economic development definitions of regions.

13(r) “Sector strategies” means prioritizing investments in
14competitive and emerging industry sectors and industry clusters
15on the basis of labor market and other economic data that indicate
16strategic growth potential, especially with regard to jobs and
17income. Sector strategies focus workforce investment in education
18and workforce training programs that are likely to lead to
19high-wage jobs or to entry-level jobs with well-articulated career
20pathways into high-wage jobs. Sector strategies effectively boost
21labor productivity or reduce business barriers to growth and
22expansion stemming from workforce supply problems, including
23skills gaps, and occupational shortages by directing resources and
24making investments to plug skills gaps and provide education and
25training programs for high-priority occupations. Sector strategies
26may be implemented using articulated career pathways or career
27lattices and a system of stackable credentials. Sector strategies
28often target underserved communities, disconnected youth,
29incumbent workers, and recently separated military veterans.
30Cluster-based sector strategies focus workforce and economic
31development on those sectors that have demonstrated a capacity
32for economic growth and job creation in a particular geographic
33area. Industry clusters are similar to industry sectors, but the focus
34is on a geographic concentration of interdependent industries.

35(s) “Skills panel” means a collaboration which brings together
36multiple employers from an industry sector or industry cluster with
37career technical educators, including, but not limited to, community
38college career technical education faculty, and other stakeholders
39which may include workers and organized labor to address
40common workforce needs. Skills panels assess workforce training
P116  1and education needs through the identification of assets relevant
2to industry need, produce curricula models, perform job task
3analysis, define how curricula articulate into career pathways or
4career lattices or a system of stackable credentials, calibrate career
5readiness, develop other assessment tools, and produce career
6guidance tools.

7(t) “Stackable credentials” means a progression of training
8modules, credentials, or certificates that build on one another and
9are linked to educational and career advancement.

10

SEC. 53.  

Section 2162 of the Elections Code is amended to
11read:

12

2162.  

(a) No affidavits of registration other than those provided
13by the Secretary of State to the county elections officials or the
14national voter registration forms authorized pursuant to thebegin insert federalend insert
15 National Voter Registration Actbegin insert of 1993end insert (42 U.S.C. Sec. 1973gg
16begin insert et seq.end insert) shall be used for the registration of voters.

17(b) begin deleteNoend deletebegin insertAend insert voter registration card shallbegin insert notend insert be altered, defaced, or
18changed in any way, other than by the insertion of a mailing
19address and the affixing of postage, if mailed, or as otherwise
20specifically authorized by the Secretary of State, prior to
21distribution of the cards.

22(c) The affidavit portion of a voter registration card shall not
23be marked, stamped, or partially or fully completed bybegin delete anyend deletebegin insert aend insert person
24other than an elector attempting to register to vote or by a person
25assisting the elector in completing the affidavit at the request of
26the elector.

27

SEC. 54.  

Section 2224 of the Elections Code is amended to
28read:

29

2224.  

(a) If a voter has not voted in an election within the
30preceding four years, and his or her residence address, name, or
31party affiliation has not been updated during that time, the county
32elections official may send an alternate residency confirmation
33postcard. The use of this postcard may be sent subsequent to NCOA
34or sample ballot returns, but shall not be used in the residency
35confirmation process conducted under Section 2220. The postcard
36shall be forwardable, including a postage-paid and preaddressed
37return form to enable the voter to verify or correct the address
38information, and shall be in substantially the following form:

P117  1“If the person named on the postcard is not at this address,
2PLEASE help keep the voter rolls current and save taxpayer dollars
3by returning this postcard to your mail carrier.”

4“IMPORTANT NOTICE”

5“According to our records you have not voted in any election
6during the past four years, which may indicate that you no longer
7reside in ____ County. If you continue to reside in this county you
8must confirm your residency address in order to remain on the
9active voter list and receive election materials in the mail.”

10“If confirmation has not been received within 15 days, you may
11be required to provide proof of your residence address in order to
12vote at future elections. If you no longer live in ____ County, you
13must reregister at your new residence address in order to vote in
14the next election. California residents may obtain a mail registration
15form by calling the county elections officebegin delete ofend deletebegin insert orend insert the Secretary of
16State’sbegin delete Office.”end deletebegin insert office.end insertbegin insertend insert

17(b) The use of a toll-free number to confirm the old residence
18address is optional. Any change to a voter’s address shall be
19received in writing.

20(c) A county using the alternate residency confirmation
21procedure shall notify all voters of the procedure in the sample
22ballot pamphlet or in a separate mailing.

23

SEC. 55.  

Section 2225 of the Elections Code is amended to
24read:

25

2225.  

(a) Based on change-of-address data received from the
26United States Postal Service or its licensees, the county elections
27official shall send a forwardable notice, including a postage-paid
28and preaddressed return form, to enable the voter to verify or
29correct address information.

30Notification received through NCOA or Operation Mail that a
31voter has moved and has given no forwarding address shall not
32require the mailing of a forwardable notice to that voter.

33(b) If postal service change-of-address data indicates that the
34voter has moved to a new residence address in the same county,
35the forwardable notice shall be in substantially the following form:


37“We have received notification that the voter has moved to a
38new residence address in ____ County. You will be registered to
39vote at your new address unless you notify our office within 15
40days that the address to which this card was mailed is not a change
P118  1of your permanent residence. You must notify our office by either
2returning the attached postage-paid postcard, or by calling toll
3free. If this is not a permanent residence, and if you do not notify
4us within 15 days, you may be required to provide proof of your
5residence address in order to vote at future elections.”


7(c) If postal service change-of-address data indicates that the
8voter has moved to a new address in another county, the
9forwardable notice shall be in substantially the following form:


11“We have received notification that you have moved to a new
12address not in ____ County. Please use the attached postage-paid
13postcard to: (1) advise us if this is or is not a permanent change of
14residence address, or (2) to advise us if our information is incorrect.
15If you do not return this card within 15 days and continue to reside
16in ____ County, you may be required to provide proof of your
17residence address in order to vote at future elections and, if you
18do not offer to vote at any election in the period between the date
19of this notice and the second federal general election following
20this notice, your voter registration will bebegin delete cancelledend deletebegin insert canceledend insert and
21you will have to reregister in order to vote. If you no longer live
22in ____ County, you must reregister at your new residence address
23in order to vote in the next election. California residents may obtain
24a mail registration form by calling the county elections officer or
251-800-345-VOTE.”


27(d) If postal service change-of-address data received from a
28nonforwardable mailing indicates that a voter has moved and left
29no forwarding address, a forwardable notice shall be sent in
30substantially the following form:


32“We are attempting to verify postal notification that the voter to
33whom this card is addressed has moved and left no forwarding
34address. If the person receiving this card is the addressed voter,
35please confirm your continued residence or provide current
36residence information on the attached postage-paid postcard within
3715 days. If you do not return this card and continue to reside in
38____ County, you may be required to provide proof of your
39residence address in order to vote at future elections and, if you
40do not offer to vote at any election in the period between the date
P119  1of this notice and the second federal general election following
2this notice, your voter registration will be cancelled and you will
3have to reregister in order to vote. If you no longer live in ____
4County, you must reregister at your new residence address in order
5to vote in the next election. California residents may obtain a mail
6registration form by calling the county elections office or the
7Secretary of State’sbegin delete Office.”end deletebegin insert office.end insertbegin insertend insert


9(e) The use of a toll-free number to confirm the old residence
10address is optional. Any change to the voter address must be
11received in writing.

12

SEC. 56.  

Section 3111 of the Elections Code is amended to
13read:

14

3111.  

If a military or overseas voter is unable to appear at his
15or her polling place because of being recalled to service after the
16final day for making application for a vote by mail ballot, but
17before 5 p.m. on the day before the day of election, he or she may
18appear before the elections official in the county in which the
19military or overseas voter is registered or, if within the state, in
20the county in which he or she is recalled to service and make
21application for a vote by mail ballot, which may be submitted by
22facsimile, or bybegin delete emailend deletebegin insert electronic mailend insert or online transmission if the
23elections official makes the transmission option available. The
24elections official shall deliver to him or her a vote by mail ballot
25which may be voted in the elections official’s office or voted
26outside the elections official’s office on or before the close of the
27polls on the day of election and returned as are other vote by mail
28ballots. To be counted, the ballot shall be returned to the elections
29official’s office in person, by facsimile transmission, or by an
30authorized person on or before the close of the polls on the day of
31the election. If the military or overseas voter appears in the county
32in which he or she is recalled to service, rather than the county to
33which he or she is registered, the elections official shall coordinate
34with the elections official in the county in which the military or
35overseas voter is registered to provide the ballot that contains the
36appropriate measures and races for the precinct in which the
37military or overseas voter is registered.

38

SEC. 57.  

Section 13115 of the Elections Code is amended to
39read:

P120  1

13115.  

The order in which all state measures that are to be
2submitted to the voters shall appearbegin delete uponend deletebegin insert onend insert the ballot is as follows:

3(a) Bond measures, including those proposed by initiative, in
4the order in which they qualify.

5(b) Constitutional amendments, including those proposed by
6initiative, in the order in which they qualify.

7(c) Legislative measures, other than those described in
8subdivision (a) or (b), in the order in which they are approved by
9the Legislature.

10(d) Initiative measures, other than those described in subdivision
11(a) or (b), in the order in which they qualify.

12(e) Referendum measures, in the order in which they qualify.

13

SEC. 58.  

Section 21000 of the Elections Code is amended to
14read:

15

21000.  

The county elections official in each county shall
16compile and make available to the Legislature or any appropriate
17committee of the Legislature any information and statistics that
18may be necessary for use in connection with the reapportionment
19of legislative districts, including, but not limited to, precinct maps
20indicating the boundaries of municipalities, school districts, judicial
21districts, Assembly districts, senatorial districtsbegin insert,end insert and congressional
22districts, lists showing the election returns for each precinct, and
23election returns for each precinct reflecting the vote total for all
24ballots cast, including both vote by mail ballots and ballots cast at
25polling places, compiled pursuant to Section 15321 in the county
26at each statewide election. If the county elections official stores
27the information and statistics in data-processing files, he or she
28shall make the files available, along with whatever documentation
29shall be necessary in order to allow the use of the files by the
30appropriate committee of the Legislature and shall retain these
31files until the next reapportionment has been completed.

32

SEC. 59.  

Section 3047 of the Family Code is amended to read:

33

3047.  

(a) A party’s absence, relocation, or failure to comply
34with custody and visitation orders shall not, by itself, be sufficient
35to justify a modification of a custody or visitation order if the
36reason for the absence, relocation, or failure to comply is the party’s
37activation to military duty or temporary duty, mobilization in
38support of combat or other military operation, or military
39deployment out of state.

P121  1(b) (1) If a party with sole or joint physical custody or visitation
2receives temporary duty, deployment, or mobilization orders from
3the military that require the party to move a substantial distance
4from his or her residence or otherwise has a material effect on the
5ability of the party to exercise custody or visitation rights, any
6 necessary modification of the existing custody order shall be
7deemed a temporary custody order made without prejudice, which
8shall be subject to review and reconsideration upon the return of
9the party from military deployment, mobilization, or temporary
10duty.

11(2) If the temporary order is reviewed upon return of the party
12from military deployment, mobilization, or temporary duty, there
13shall be a presumption that the custody order shall revert to the
14order that was in place before the modification, unless the court
15determines that it is not in the best interest of the child. The court
16shall not, as part of its review of the temporary order upon the
17return of the deploying party, order a child custody evaluation
18under Section 3111 of this code or Section 730 of the Evidence
19Code, unless the party opposing reversion of the order makes a
20prima facie showing that reversion is not in the best interest of the
21child.

22(3) (A) If the court makes a temporary custody order, it shall
23consider any appropriate orders to ensure that the relocating party
24can maintain frequent and continuing contact with the child by
25means that are reasonably available.

26(B) Upon a motion by the relocating party, the court may grant
27reasonable visitation rights to a stepparent, grandparent, or other
28family member if the court does all of the following:

29(i) Finds that there is a preexisting relationship between the
30family member and the child that has engendered a bond such that
31visitation is in the best interest of the child.

32(ii) Finds that the visitation will facilitate the child’s contact
33with the relocating party.

34(iii) Balances the interest of the child in having visitation with
35the family member against the right of the parents to exercise
36parental authority.

37(C) Nothing in this paragraph shall increase the authority of the
38persons described in subparagraph (B) to seek visitation orders
39independently.

P122  1(D) The granting of visitation rights to a nonparent pursuant to
2subparagraph (B) shall not impact the calculation of child support.

3(c) If a party’s deployment, mobilization, or temporary duty
4will have a material effect on his or her ability, or anticipated
5ability, to appear in person at a regularly scheduled hearing, the
6court shall do either of the following:

7(1) Upon motion of the party, hold an expedited hearing to
8determine custody and visitation issues prior to the departure of
9the party.

10(2) Upon motion of the party, allow the party to present
11testimony and evidence and participate in court-ordered child
12custody mediation by electronic means, including, but not limited
13to, telephone, video teleconferencing, or the Internet, to the extent
14that this technology is reasonably available to the court and protects
15the due process rights of all parties.

16(d) A relocation by a nondeploying parent during a period of a
17deployed parent’s absence while a temporary modification order
18for a parenting plan is in effect shall not, by itself, terminate the
19exclusive and continuing jurisdiction of the court for purposes of
20later determining custody or parenting time under this chapter.

21(e) When a court of this state has issued a custody or visitation
22order, the absence of a child from this state during the deployment
23of a parent shall be considered a “temporary absence” for purposes
24of the Uniform Child Custody Jurisdiction and Enforcement Act
25(Part 3 (commencing with Section 3400)), and the court shall retain
26exclusive continuing jurisdiction under Section 3422.

27(f) The deployment of a parent shall not be used as a basis to
28assert inconvenience of the forum under Sectionbegin delete 3247end deletebegin insert 3427end insert.

29(g) For purposes of this section, the following terms have the
30following meanings:

31(1) “Deployment” means the temporary transfer of a member
32of the Armed Forces in active-duty status in support of combat or
33some other military operation.

34(2) “Mobilization” means the transfer of a member of the
35National Guard or Military Reserve to extended active-duty status,
36but does not include National Guard or Military Reserve annual
37training.

38(3) “Temporary duty” means the transfer of a service member
39from one military base to a different location, usually another base,
P123  1for a limited period of time to accomplish training or to assist in
2the performance of a noncombat mission.

3(h) It is the intent of the Legislature that this section provide a
4fair, efficient, and expeditious process to resolve child custody
5and visitation issues when a party receives temporary duty,
6deployment, or mobilization orders from the military, as well as
7at the time that the party returns from service and files a motion
8to revert back to the custody order in place before the deployment.
9The Legislature intends that family courts shall, to the extent
10feasible within existing resources and court practices, prioritize
11the calendaring of these cases, avoid unnecessary delay or
12continuances, and ensure that parties who serve in the military are
13not penalized for their service by a delay in appropriate access to
14their children.

15

SEC. 60.  

Section 3200.5 of the Family Code is amended to
16read:

17

3200.5.  

(a) Any standards for supervised visitation providers
18adopted by the Judicial Council pursuant to Section 3200 shall
19conform to this section. A provider, as described in Section 3200,
20shall be a professional provider or nonprofessional provider.

21(b) In any case in which the court has determined that there is
22domestic violencebegin delete,end deletebegin insert orend insert child abuse or neglect, as defined in Section
2311165.6 of the Penal Code, and the court determines supervision
24is necessary, the court shall consider whether to use a professional
25or nonprofessional provider based upon the child’s best interest.

26(c) For the purposes of this section, the following definitions
27apply:

28(1) “Nonprofessional provider” means any person who is not
29paid for providing supervised visitation services. Unless otherwise
30ordered by the court or stipulated by the parties, the
31nonprofessional provider shall:

32(A) Have no record of a conviction for child molestation, child
33abuse, or other crimes against a person.

34(B) Have proof of automobile insurance if transporting the child.

35(C) Have no current or past court order in which the provider
36is the person being supervised.

37(D) Agree to adhere to and enforce the court order regarding
38supervised visitation.

39(2) “Professional provider” means any person paid for providing
40supervised visitation services, or an independent contractor,
P124  1employee, intern, or volunteer operating independently or through
2a supervised visitation center or agency. The professional provider
3shall:

4(A) Be at least 21 years of age.

5(B) Have no record of a conviction for driving under the
6influence (DUI) within the last five years.

7(C) Not have been on probation or parole for the last 10 years.

8(D) Have no record of a conviction for child molestation, child
9abuse, or other crimes against a person.

10(E) Have proof of automobile insurance if transporting the child.

11(F) Have no civil, criminal, or juvenile restraining orders within
12the last 10 years.

13(G) Have no current or past court order in which the provider
14is the person being supervised.

15(H) Be able to speak the language of the party being supervised
16and of the child, or the provider must provide a neutral interpreter
17over 18 years of age who is able to do so.

18(I) Agree to adhere to and enforce the court order regarding
19supervised visitation.

20(J) Meet the training requirements set forth in subdivision (d).

21(d) (1) Professional providers shall have received 24 hours of
22training that includes training in the following subjects:

23(A)  The role of a professional provider.

24(B)  Child abuse reporting laws.

25(C)  Recordkeeping procedures.

26(D)  Screening, monitoring, and termination of visitation.

27(E)  Developmental needs of children.

28(F)  Legal responsibilities and obligations of a provider.

29(G)  Cultural sensitivity.

30(H)  Conflicts of interest.

31(I)  Confidentiality.

32(J)  Issues relating to substance abuse, child abuse, sexual abuse,
33and domestic violence.

34(K)  Basic knowledge of family and juvenile law.

35(2) Professional providers shall sign a declaration or any Judicial
36Council form that they meet the training and qualifications of a
37provider.

38(e) The ratio of children to a professional provider shall be
39contingent on:

40(1) The degree of risk factors present in each case.

P125  1(2) The nature of supervision required in each case.

2(3) The number and ages of the children to be supervised during
3a visit.

4(4) The number of people visiting the child during the visit.

5(5) The duration and location of the visit.

6(6) The experience of the provider.

7(f) Professional providers of supervised visitation shall:

8(1) Advise the parties before commencement of supervised
9visitation that no confidential privilege exists.

10(2) Report suspected child abuse to the appropriate agency, as
11provided by law, and inform the parties of the provider’s obligation
12to make those reports.

13(3) Suspend or terminate visitation under subdivision (h).

14(g) Professional providers shall:

15(1) Prepare a written contract to be signed by the parties before
16commencement of the supervised visitation. The contract should
17inform each party of the terms and conditions of supervised
18visitation.

19(2) Review custody and visitation orders relevant to the
20supervised visitation.

21(3) Keep a record for each case, including, at least, all of the
22following:

23(A) A written record of each contact and visit.

24(B) Who attended the visit.

25(C) Any failure to comply with the terms and conditions of the
26visitation.

27(D) Any incidence of abuse, as required by law.

28(h) (1) Each provider shall make every reasonable effort to
29provide a safe visit for the child and the noncustodial party.

30(2) If a provider determines that the rules of the visit have been
31violated, the child has become acutely distressed, or the safety of
32the child or the provider is at risk, the visit may be temporarily
33interrupted, rescheduled at a later date, or terminated.

34(3) All interruptions or terminations of visits shall be recorded
35in the case file.

36(4) All providers shall advise both parties of the reasons for the
37interruption or termination of a visit.

38(i) A professional provider shall state the reasons for temporary
39suspension or termination of supervised visitation in writing and
P126  1shall provide the written statement to both parties, their attorneys,
2the attorney for the child, and the court.

3

SEC. 61.  

Section 4055 of the Family Code, as amended by
4Section 1 of Chapter 646 of the Statutes of 2012, is amended to
5read:

6

4055.  

(a) The statewide uniform guideline for determining
7child support orders is as follows: CS = begin deleteK [HN -- (H%)(TN)]end delete
8begin insert K[HN - (H%)(TN)]end insert.

9(b) (1) The components of the formula are as follows:

10(A) CS = child support amount.

11(B) K = amount of both parents’ income to be allocated for child
12support as set forth in paragraph (3).

13(C) HN = high earner’s net monthly disposable income.

14(D) H% = approximate percentage of time that the high earner
15has or will have primary physical responsibility for the children
16compared to the other parent. In cases in which parents have
17different time-sharing arrangements for different children, H%
18equals the average of the approximate percentages of time the high
19earner parent spends with each child.

20(E) TN = total net monthly disposable income of both parties.

21(2) To compute net disposable income, see Section 4059.

22(3) K (amount of both parents’ income allocated for child
23support) equals one plus H% (if H% is less than or equal to 50
24percent) or two minus H% (if H% is greater than 50 percent) times
25the following fraction:


26

 

Total Net Disposable
Income Per Month

    K

$0-800

0.20 + TN/16,000

$801-6,666

0.25

$6,667-10,000

0.10 + 1,000/TN

Over $10,000

0.12 + 800/TN

P126 33P126 10

 

34For example, if H% equals 20 percent and the total monthly net
35disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25,
36or 0.30. If H% equals 80 percent and the total monthly net
37disposable income of the parents is $1,000, K =begin delete (2 -- 0.80) × 0.25end delete
38begin insert (2 - 0.80) × 0.25end insert, or 0.30.

39(4) For more than one child, multiply CS by:

 

 2 children

1.6

 3 children

2

 4 children

2.3

 5 children

2.5

 6 children

2.625

 7 children

2.75

 8 children

2.813

 9 children

2.844

10 children

2.86

 

11(5) If the amount calculated under the formula results in a
12positive number, the higher earner shall pay that amount to the
13lower earner. If the amount calculated under the formula results
14in a negative number, the lower earner shall pay the absolute value
15of that amount to the higher earner.

16(6) In any default proceeding where proof is by affidavit
17pursuant to Section 2336, or in any proceeding for child support
18in which a party fails to appear after being duly noticed, H% shall
19be set at zero in the formula if the noncustodial parent is the higher
20earner or at 100 if the custodial parent is the higher earner, where
21there is no evidence presented demonstrating the percentage of
22time that the noncustodial parent has primary physical
23responsibility for the children. H% shall not be set as described
24above if the moving party in a default proceeding is the
25noncustodial parent or if the party who fails to appear after being
26duly noticed is the custodial parent. A statement by the party who
27is not in default as to the percentage of time that the noncustodial
28parent has primary physical responsibility for the children shall
29be deemed sufficient evidence.

30(7) In all cases in which the net disposable income per month
31of the obligor is less than one thousand five hundred dollars
32($1,500), adjusted annually for cost-of-living increases, there shall
33be a rebuttable presumption that the obligor is entitled to a
34low-income adjustment. On March 1, 2013, and annually thereafter,
35the Judicial Council shall determine the amount of the net
36disposable income adjustment based on the change in the annual
37California Consumer Price Index for All Urban Consumers,
38published by the California Department of Industrial Relations,
39Division of Labor Statisticsbegin insert and Researchend insert. The presumption may
40be rebutted by evidence showing that the application of the
P128  1low-income adjustment would be unjust and inappropriate in the
2particular case. In determining whether the presumption is rebutted,
3the court shall consider the principles provided in Section 4053,
4and the impact of the contemplated adjustment on the respective
5net incomes of the obligor and the obligee. The low-income
6adjustment shall reduce the child support amount otherwise
7determined under this section by an amount that is no greater than
8the amount calculated by multiplying the child support amount
9otherwise determined under this section by a fraction, the
10numerator of which is 1,500 minus the obligor’s net disposable
11income per month, and the denominator of which is 1,500.

12(8) Unless the court orders otherwise, the order for child support
13shall allocate the support amount so that the amount of support for
14the youngest child is the amount of support for one child, and the
15amount for the next youngest child is the difference between that
16amount and the amount for two children, with similar allocations
17for additional children. However, this paragraph does not apply
18to cases in which there are different time-sharing arrangements
19for different children or where the court determines that the
20allocation would be inappropriate in the particular case.

21(c) If a court uses a computer to calculate the child support
22order, the computer program shall not automatically default
23affirmatively or negatively on whether a low-income adjustment
24is to be applied. If the low-income adjustment is applied, the
25computer program shall not provide the amount of the low-income
26adjustment. Instead, the computer program shall ask the user
27whether or not to apply the low-income adjustment, and if
28answered affirmatively, the computer program shall provide the
29range of the adjustment permitted by paragraph (7) of subdivision
30(b).

31(d) This section shall remain in effect only until January 1, 2018,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2018, deletes or extends that date.

34

SEC. 62.  

Section 4055 of the Family Code, as added by Section
352 of Chapter 646 of the Statutes of 2012, is amended to read:

36

4055.  

(a) The statewide uniform guideline for determining
37child support orders is as follows: CS = begin deleteK [HN -- (H%)(TN)]end delete
38begin insert K[HN - (H%)(TN)]end insert.

39(b) (1) The components of the formula are as follows:

40(A) CS = child support amount.

P129  1(B) K = amount of both parents’ income to be allocated for child
2support as set forth in paragraph (3).

3(C) HN = high earner’s net monthly disposable income.

4(D) H% = approximate percentage of time that the high earner
5has or will have primary physical responsibility for the children
6compared to the other parent. In cases in which parents have
7different time-sharing arrangements for different children, H%
8equals the average of the approximate percentages of time the high
9earner parent spends with each child.

10(E) TN = total net monthly disposable income of both parties.

11(2) To compute net disposable income, see Section 4059.

12(3) K (amount of both parents’ income allocated for child
13support) equals one plus H% (if H% is less than or equal to 50
14percent) or two minus H% (if H% is greater than 50 percent) times
15the following fraction:


16

 

Total Net Disposable
Income Per Month

    K

$0-800

0.20 + TN/16,000

$801-6,666

0.25

$6,667-10,000

0.10 + 1,000/TN

Over $10,000

0.12 + 800/TN

P129 2330P129 40

 

24For example, if H% equals 20 percent and the total monthly net
25disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25,
26or 0.30. If H% equals 80 percent and the total monthly net
27disposable income of the parents is $1,000, K =begin delete (2 -- 0.80)end deletebegin insert(2 -
280.80)end insert
× 0.25, or 0.30.

29(4) For more than one child, multiply CS by:

 

 2 children

1.6

 3 children

2

 4 children

2.3

 5 children

2.5

 6 children

2.625

 7 children

2.75

 8 children

2.813

 9 children

2.844

10 children

2.86

P129 40

 

P130  1(5) If the amount calculated under the formula results in a
2positive number, the higher earner shall pay that amount to the
3lower earner. If the amount calculated under the formula results
4in a negative number, the lower earner shall pay the absolute value
5of that amount to the higher earner.

6(6) In any default proceeding where proof is by affidavit
7pursuant to Section 2336, or in any proceeding for child support
8in which a party fails to appear after being duly noticed, H% shall
9be set at zero in the formula if the noncustodial parent is the higher
10earner or at 100 if the custodial parent is the higher earner, where
11there is no evidence presented demonstrating the percentage of
12time that the noncustodial parent has primary physical
13responsibility for the children. H% shall not be set as described
14above if the moving party in a default proceeding is the
15noncustodial parent or if the party who fails to appear after being
16duly noticed is the custodial parent. A statement by the party who
17is not in default as to the percentage of time that the noncustodial
18parent has primary physical responsibility for the children shall
19be deemed sufficient evidence.

20(7) In all cases in which the net disposable income per month
21of the obligor is less than one thousand dollars ($1,000), there shall
22be a rebuttable presumption that the obligor is entitled to a
23low-income adjustment. The presumption may be rebutted by
24evidence showing that the application of the low-income
25adjustment would be unjust and inappropriate in the particular
26case. In determining whether the presumption is rebutted, the court
27shall consider the principles provided in Section 4053, and the
28impact of the contemplated adjustment on the respective net
29incomes of the obligor and the obligee. The low-income adjustment
30shall reduce the child support amount otherwise determined under
31this section by an amount that is no greater than the amount
32calculated by multiplying the child support amount otherwise
33determined under this section by a fraction, the numerator of which
34is 1,000 minus the obligor’s net disposable income per month, and
35the denominator of which is 1,000.

36(8) Unless the court orders otherwise, the order for child support
37shall allocate the support amount so that the amount of support for
38the youngest child is the amount of support for one child, and the
39amount for the next youngest child is the difference between that
40amount and the amount for two children, with similar allocations
P131  1for additional children. However, this paragraph does not apply
2to cases in which there are different time-sharing arrangements
3for different children or where the court determines that the
4allocation would be inappropriate in the particular case.

5(c) If a court uses a computer to calculate the child support
6order, the computer program shall not automatically default
7affirmatively or negatively on whether a low-income adjustment
8is to be applied. If the low-income adjustment is applied, the
9computer program shall not provide the amount of the low-income
10adjustment. Instead, the computer program shall ask the user
11whether or not to apply the low-income adjustment, and if
12answered affirmatively, the computer program shall provide the
13range of the adjustment permitted by paragraph (7) of subdivision
14(b).

15(d) This section shall become operative on January 1, 2018.

16

SEC. 63.  

Section 1587 of the Fish and Game Code is amended
17to read:

18

1587.  

(a) The Mirage Trail within the Magnesia Spring
19Ecological Reserve shall be open nine months of the year to
20recreational hikingbegin delete,end delete if the commission determines that the following
21conditions are met:

22(1) Local public agencies or other entities will assume complete
23financial responsibility for the following as determined to be
24necessary by the commission:

25(A) Fencing to dissuade hikers from traversing beyond the trail
26and into sensitive Peninsular bighorn sheep habitat.

27(B) Signage and educational materials to educate hikers about
28Peninsular bighorn sheep.

29(2) A single entity has been designated to fulfill the financial
30arrangements and other terms and conditions determined by the
31commission to be necessary pursuant to paragraph (1).

32(b) The commission shall determine seasonal openings and
33closures of the trail that will not conflict with the use of the area
34by Peninsular bighorn sheep, consistent with subdivision (a).

35(c) This section shall remain in effect only until January 1, 2018,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2018, deletes or extends that date.

38

SEC. 64.  

Section 15100 of the Fish and Game Code is amended
39to read:

P132  1

15100.  

There is within the department an aquaculture
2coordinator who shall perform all of the following duties as part
3of the department’s aquaculture program:

4(a) Promote understanding of aquaculture among public agencies
5and the general public.

6(b) Propose methods of reducing the negative impact of public
7regulation at all levels of government on the aquaculture industry.

8(c) Provide information on all aspects of regulatory compliance
9to the various sectors of the aquaculture industry.

10(d) Provide advice tobegin insert theend insert owner of a registered aquaculture
11facility on project siting and facility design, as necessary, to comply
12with regulatory requirements.

13(e) Coordinate with the Aquaculture Development Committee
14regarding the duties described in subdivisions (a) to (d), inclusive.

15

SEC. 65.  

Section 4101.3 of the Food and Agricultural Code,
16as amended by Section 2 of Chapter 137 of the Statutes of 2012,
17is amended to read:

18

4101.3.  

(a) Notwithstanding any other provision of law, the
19California Science Center is hereby authorized to enter into a site
20lease with the California Science Center Foundation, a California
21Nonprofit Corporation, with the approval of the Natural Resources
22Agency, the Department of Finance, and the Department of General
23Services, for the purpose of the foundation developing,
24constructing, equipping, furnishing, and funding the project known
25as Phase II of the California Science Center. The overall
26construction cost and scope shall be consistent with the amount
27authorized inbegin delete 2002end deletebegin insert theend insert Budget Actbegin insert of 2002end insert, provided that nothing
28in this section shall prevent the foundation from expending
29additional nonstate funds to complete Phase II provided that the
30additional expenditures do not result in additional state operation
31and maintenance costs. Any additional expenditure of nonstate
32funds by the foundation shall not increase the state’s contribution.

33(b) For the purpose of carrying out subdivision (a), all of the
34following shall apply:

35(1) In connection with the development described in subdivision
36(a), above, the foundation may, in its determination, select the
37most qualified construction manager/general contractor to oversee
38and manage the work and prepare the competitive bid packages
39for all major subcontractors to be engaged in the construction of
40Phase II Project. Any construction manager/general contractor
P133  1selected shall be required to have a California general contractor’s
2license.

3(2) Prior to commencement of construction of the Phase II
4Project, the California Science Center shall enter into a
5lease-purchase agreement upon approval by the Department of
6Finance with the foundation on terms that are compatible with the
7Phase I Project financing. The term of the lease-purchase agreement
8shall be a term not to exceed 25 years. Lease payments on behalf
9of the state shall be commensurate with the twenty-two million
10nine hundred forty-five thousand two hundred sixty-three dollars
11($22,945,263), (nineteen million one hundred thirty-seven thousand
12dollars ($19,137,000) plus 19.9 percent augmentation authority)
13construction cost allocation of the state. Lease payments may also
14include any cost of financing that the foundation may incur related
15tobegin delete tax exemptend deletebegin insert tax-exemptend insert financing. The California Science Center
16shall be authorized to direct the Controller to send the rental
17payments under the lease-purchase agreement directly to the
18foundation’s bond trustee.

19(3) The foundation shall ensure that the Phase II Project is
20inspected during construction by the state in the manner consistent
21with state infrastructure projects. The foundation shall also
22indemnify and defend and save harmless the Department of General
23Services for any and all claims and losses accruing and resulting
24from or arising out of the foundation’s use of the state’s plans and
25specifications. The foundation and the California Science Center,
26upon consultation with the Director of General Services and the
27Department of Finance shall agree on a reasonable level of state
28oversight throughout the construction of the Phase II Project in
29order to assist the foundation in the completion of the project within
30the intended scope and cost.

31(4) At the end of the term of the site lease and the lease-purchase
32agreement unencumbered title to the land and improvements shall
33return to the state with jurisdiction held by the California Science
34Center.

35

SEC. 66.  

Section 4106 of the Food and Agricultural Code, as
36amended by Section 6 of Chapter 137 of the Statutes of 2012, is
37amended to read:

38

4106.  

(a) The California Science Center shall work with the
39Los Angeles Memorial Coliseum Commission, the City of Los
40Angeles, and the County of Los Angeles to develop additional
P134  1parking facilities in Exposition Park to the extent necessary to
2allow for expansion of the park.

3(b) The California Science Center shall manage or operate its
4parking facilities in a manner that preserves and protects the
5interests of itself and the Californiabegin delete African-Americanend deletebegin insert African
6Americanend insert
Museum and recognizes the cultural and educational
7character of Exposition Park.

8(c) The Exposition Park Improvement Fund is hereby created
9in the State Treasury. All revenues received by the California
10Science Center from its parking facilities, from rental of museum
11facilities, or from other business activities shall be deposited in
12the Exposition Park Improvement Fund.

13(d) The moneys in the Exposition Park Improvement Fund may
14only be used, upon appropriation by the Legislature, for
15improvements to Exposition Park, including, but not limited to,
16maintenance of existing parking and museum facilities, replacement
17of museum equipment, supplies and wages expended to generate
18revenues from rental of museum facilities, development of new
19parking facilities, and acquisition of land within or adjacent to
20Exposition Park.

21(e) (1) The Legislature hereby finds and declares that there is
22a need for development of additional park, recreation, museum,
23and parking facilities in Exposition Park. The Legislature
24recognizes that the provision of these needed improvements as
25identified in the California Science Center Exposition Park Master
26Plan may require the use of funds provided by other governmental
27agencies or private donors.

28(2) The California Science Center may accept funds from other
29governmental agencies or private contributions for the purpose of
30implementation of the California Science Center Exposition Park
31Master Plan. The private contributions and funds from
32governmental agencies other than state governmental agencies
33shall be deposited in the Exposition Park Improvement Fund in
34the State Treasury and shall be available for expenditure without
35regard to fiscal years by the California Science Center for
36implementation of the California Science Center Exposition Park
37Master Plan. Funds from other state governmental agencies shall
38be deposited in the Exposition Park Improvement Fund and shall
39be available for expenditure, upon appropriation, by the California
40Science Center for implementation of the California Science Center
P135  1Exposition Park Master Plan. However, any expenditure is not
2authorized sooner than 30 days after notification in writing of the
3necessity therefor to the chairperson of the committee in each
4house that considers appropriations and the Chairperson of the
5Joint Legislative Budget Committee, or not sooner than whatever
6lesser time as the chairperson of the joint committee, or his or her
7designee, may in each instance determine. Neither the City of Los
8Angeles nor the County of Los Angeles shall impose any tax upon
9tickets purchased authorizing the use of parking facilities owned
10by the California Science Center.

11

SEC. 67.  

Section 14611 of the Food and Agricultural Code is
12amended to read:

13

14611.  

(a) A licensee whose name appears on the label who
14sells or distributes bulk fertilizing materials, as defined in Sections
1514517 and 14533, to unlicensed purchasers, shall pay to the
16secretary an assessment not to exceed two mills ($0.002) per dollar
17of sales for all fertilizing materials. A licensee whose name appears
18on the label of packaged fertilizing materials, as defined in Sections
1914533 and 14551, shall pay to the secretary an assessment not to
20exceed two mills ($0.002) per dollar of sales. The secretary may,
21based on the findings and recommendations of the board, reduce
22the assessment rate to a lower rate that provides sufficient revenue
23to carry out this chapter.

24(b) In addition to the assessment provided in subdivision (a),
25the secretary may impose an assessment in an amount not to exceed
26one mill ($0.001) per dollar of sales for all sales of fertilizing
27materials, to provide funding for research and education regarding
28the use and handling of fertilizing material, including, but not
29limited to, support for University of California Cooperative
30Extension, the California resource conservation districts, other
31California institutions of postsecondary education, or other
32qualified entities to develop programs in the following areas:

33(1) Technical education for users of fertilizer materials in the
34development and implementation of nutrient management projects
35that result in more agronomically sound uses of fertilizer materials
36and minimize the environmental impacts of fertilizer use, including,
37but not limited to, nitrates in groundwater and emissions of
38greenhouse gases resulting from fertilizer use.

39(2) Research to improve nutrient management practices resulting
40in more agronomically sound uses of fertilizer materials and to
P136  1minimize the environmental impacts of fertilizer use, including,
2but not limited to, nitrates in groundwater and emissions of
3greenhouse gases resulting from fertilizer use.

4(3) Education to increase awareness of more agronomically
5sound use of fertilizerbegin delete productsend deletebegin insert materialsend insert to reduce the
6environmental impacts resulting from the overuse or inefficient
7use of fertilizing materials.

8

SEC. 68.  

Section 19447 of the Food and Agricultural Code is
9amended to read:

10

19447.  

(a) In lieu of any civil action pursuant to Section 19445,
11and in lieu of seeking prosecution, the secretary may levy a civil
12penalty against a person who violates Article 6 (commencing with
13Section 19300), Article 6.5 (commencing with Section 19310), or
14any regulation adopted pursuant to those articles, in an amount not
15to exceed five thousand dollars ($5,000) for each violation.

16(b) Before a civil penalty is levied, the person charged with the
17violation shall receive notice of the nature of the violation and
18shall be granted the opportunity to review the secretary’s evidence
19and, for up to 30 days following the issuance of the notice, the
20opportunity to present written argument and evidence to the
21secretary as to why the civil penalty should not be imposed or
22 should be reduced from the amount specified in the penalty notice.
23Notwithstanding Chapter 4.5 (commencing with Section 11400)
24of, and Chapter 5 (commencing with Section 11500) of, Part 1 of
25Division 3 of Title 2 of the Government Code or any other
26provision of law, this section does not require the department to
27conduct either a formal or informal hearing. The secretary instead
28may dispose of the matter upon review of the documentation
29presented.

30(c) Any person upon whom a civil penalty is levied may appeal
31to the secretary within 20 days of the date of receiving notification
32of the penalty, as follows:

33(1) The appeal shall be in writing and signed by the appellant
34or his or her authorized agent and shall state the grounds for the
35appeal.

36(2) Any party, at the time of filing the appeal, or within 10 days
37thereafter, may present written evidence and a written argument
38to the secretary.

39(3) The secretary may grant oral arguments upon application
40made at the time written arguments are made.

P137  1(4) If an application to present an oral argument is granted,
2written notice of the time and place for the oral argument shall be
3given at least 10 days prior to the date set therefor. This time
4requirement may be altered by an agreement between the secretary
5and the person appealing the penalty.

6(5) The secretary shall decide the appeal on any oral or written
7arguments, briefs, and evidence that he or she has received.

8(6) The secretary shall render a written decision within 45 days
9of the date of appeal, or within 15 days of the date of oral
10arguments. A copy of the secretary’s decision shall be delivered
11or mailed to the appellant.

12(7) The secretary may sustain the decision, modify the decision
13by reducing the amount of the penalty levied, or reverse the
14decision.

15(8) A review of the decision of the secretary may be sought by
16the appellant pursuant to Section 1094.5 of the Code of Civil
17Procedure.

18(d) (1) If the person upon whom a penalty is levied does not
19file a petition for a writ of administrative mandamus, the court,
20upon receiving a certified copy of the department’s final decision
21that directs payment of a civil penalty, shall enter judgment in
22favor of the department.

23(2) After completion of the appeal procedure provided for in
24this section, the secretary may file a certified copy of the
25 department’s final decision that directs payment of a civil penalty
26and, if applicable, any order denying a petition for a writ of
27administrative mandamus, with the clerk of the superior court of
28any county that has jurisdiction over the matter. No fees shall be
29charged by the clerk of the superior court for the performance of
30any official services required in connection with the entry of
31judgment pursuant to this section.

32(e) Any penalties levied by the secretary pursuant to this section
33shall be deposited in the Department of Food and Agriculture Fund,
34andbegin insert,end insert upon appropriation by the Legislature, shall be used for the
35purposes described in Section 221.

36

SEC. 69.  

Section 55527.6 of the Food and Agricultural Code
37 is amended to read:

38

55527.6.  

(a)  Licensees or applicants for a license shall be
39required to furnish and maintain an irrevocable guarantee in a form
40and amount satisfactory to the secretarybegin delete,end delete ifbegin insert,end insert within the preceding
P138  1four yearsbegin insert,end insert the secretary determines that they have done any of the
2following:

3(1) Engaged in conduct which demonstrates a lack of financial
4responsibility including, but not limited to, delinquent accounts
5payable, judgments of liability, insolvency, or bankruptcy.

6(2) Failed to assure future financial responsibility unless an
7irrevocable guarantee is provided.

8(3) Otherwise violated this chapter which resulted in license
9revocation.

begin delete

10(4)

end delete

11begin insert(b)end insert The irrevocable guarantee may include a personal or
12corporate guarantee, a certificate of deposit, a bank letter of credit,
13or a surety bond, as determined to be appropriate by the secretary.

14(c) The guarantee shall not be less than ten thousand dollars
15($10,000) or 20 percent of the annual dollar volume of business
16based on farm product value returned to the grower, whichever is
17greater, as assurance that the licensee’s or applicant’s business
18will be conducted in accordance with this chapter and that the
19licensee or applicant will pay all amounts due farm products
20creditors.

21(d) The secretary, based on changes in the nature and volume
22of business conducted by the licensee, may require an increase or
23authorize a reduction in the amount of the guarantee, but in no
24case shall the guarantee be reduced below ten thousand dollars
25($10,000). A licensee who is notified by the secretary to provide
26a guarantee in an increased amount shall do so within a reasonable
27time as specified by the secretary. If the licensee fails to do so, the
28secretary may, after a notice and opportunity for a hearing, suspend
29or revoke the license of the licensee.

30

SEC. 70.  

Section 64101 of the Food and Agricultural Code is
31amended to read:

32

64101.  

There is in the state government the Dairy Council of
33California which shall consist of not less than 24, nor more than
3425begin insert,end insert members. All members of the council shall be appointed by
35the secretary and may hold office at the pleasure of the secretary.
36The membership of the council shall be as follows:

37(a) There shall be 12 members that are actually engaged in the
38production of milk. These 12 members are the producer members
39of the council.

P139  1(b) There shall be 12 members that are handlers or
2producer-handlers of dairy products. These 12 members are the
3handler members of the council.

4(c) Upon the recommendation of the council, the secretary may
5appoint one person who is neither a producer, handler, or
6producer-handler, and who shall represent the public generally.

7

SEC. 71.  

Section 3513 of the Government Code is amended
8to read:

9

3513.  

As used in this chapter:

10(a) “Employee organization” means any organization that
11includes employees of the state and that has as one of its primary
12purposes representing these employees in their relations with the
13state.

14(b) “Recognized employee organization” means an employee
15organization that has been recognized by the state as the exclusive
16representative of the employees in an appropriate unit.

17(c) “State employee” means any civil service employee of the
18state, and the teaching staff of schools under the jurisdiction of the
19State Department of Education or the Superintendent of Public
20Instruction, except managerial employees, confidential employees,
21 supervisory employees, employees of the Department ofbegin delete Personnel
22Administrationend delete
begin insert Human Resourcesend insert, professional employees of the
23Department of Finance engaged in technical or analytical state
24budget preparation other than the auditing staff, professional
25employees in the Personnel/Payroll Services Division of the
26Controller’s office engaged in technical or analytical duties in
27support of the state’s personnel and payroll systems other than the
28training staff, employees of the Legislative Counsel Bureau,
29employees of the Bureau of State Audits, employees of the office
30of the Inspector General, employees of the board, conciliators
31employed by the California State Mediation and Conciliation
32Service, employees of the Office of the State Chief Information
33Officer except as otherwise provided in Section 11546.5, and
34intermittent athletic inspectors who are employees of the State
35Athletic Commission.

36(d) “Mediation” means effort by an impartial third party to assist
37in reconciling a dispute regarding wages, hours and other terms
38and conditions of employment between representatives of the
39public agency and the recognized employee organization or
P140  1recognized employee organizations through interpretation,
2suggestion and advice.

3(e) “Managerial employee” means any employee having
4significant responsibilities for formulating or administering agency
5or departmental policies and programs or administering an agency
6or department.

7(f) “Confidential employee” means any employee who is
8required to develop or present management positions with respect
9to employer-employee relations or whose duties normally require
10access to confidential information contributing significantly to the
11development of management positions.

12(g) “Supervisory employee” means any individual, regardless
13of the job description or title, having authority, in the interest of
14the employer, to hire, transfer, suspend, lay off, recall, promote,
15discharge, assign, reward, or discipline other employees, or
16responsibility to direct them, or to adjust their grievances, or
17effectively to recommend this action, if, in connection with the
18foregoing, the exercise of this authority is not of a merely routine
19or clerical nature, but requires the use of independent judgment.
20Employees whose duties are substantially similar to those of their
21subordinates shall not be considered to be supervisory employees.

22(h) “Board” means the Public Employment Relations Board.
23The Educational Employment Relations Boardbegin delete established pursuant
24to Section 3541end delete
shall be renamed the Public Employment Relations
25Board as provided in Section 3540. The powers and duties of the
26board described in Section 3541.3 shall also apply, as appropriate,
27 to this chapter.

28(i) “Maintenance of membership” means that all employees
29who voluntarily are, or who voluntarily become, members of a
30recognized employee organization shall remain members of that
31employee organization in good standing for a period as agreed to
32by the parties pursuant to a memorandum of understanding,
33commencing with the effective date of the memorandum of
34understanding. A maintenance of membership provision shall not
35apply to any employee who within 30 days prior to the expiration
36of the memorandum of understanding withdraws from the
37employee organization by sending a signed withdrawal letter to
38the employee organization and a copy to the Controller’s office.

P141  1(j) “State employer,” or “employer,” for the purposes of
2bargaining or meeting and conferring in good faith, means the
3Governor or his or her designated representatives.

4(k) “Fair share fee” means the fee deducted by the state
5employer from the salary or wages of a state employee in an
6appropriate unit who does not become a member of and financially
7support the recognized employee organization. The fair share fee
8shall be used to defray the costs incurred by the recognized
9employee organization in fulfilling its duty to represent the
10employees in their employment relations with the state, and shall
11not exceed the standard initiation fee, membership dues, and
12general assessments of the recognized employee organization.

13

SEC. 72.  

Section 3527 of the Government Code is amended
14to read:

15

3527.  

As used in this chapter:

16(a) “Employee” means a civil service employee of the State of
17California. The “State of California” as used in this chapter
18includes those state agencies, boards, and commissions as may be
19designated by law that employ civil service employees, except the
20University of California, Hastings College of the Law, and the
21California State University.

22(b) “Excluded employee,” means all managerial employees, as
23defined in subdivision (e) of Section 3513, all confidential
24employees, as defined in subdivision (f) of Section 3513, and all
25supervisory employees, as defined in subdivision (g) of Section
263513, and all civil service employees of the Department of
27begin delete Personnel Administrationend deletebegin insert Human Resourcesend insert, professional
28employees of the Department of Finance engaged in technical or
29analytical state budget preparation other than the auditing staff,
30professional employees in the Personnel/Payroll Services Division
31of the Controller’s office engaged in technical or analytical duties
32in support of the state’s personnel and payroll systems other than
33the training staff, employees of the Legislative Counsel Bureau,
34employees of the Bureau of State Audits, employees of the Public
35Employment Relations Board, conciliators employed by the
36California State Mediation and Conciliation Service, employees
37of the office of the State Chief Information Officer except as
38provided in Section 11546.5, and intermittent athletic inspectors
39who are employees of the State Athletic Commission.

P142  1(c) “Supervisory employee organization” means an organization
2that represents members who are supervisory employees under
3 subdivision (g) of Section 3513.

4(d) “Excluded employee organization” means an organization
5that includes excluded employees of the state, as defined in
6subdivision (b), and that has as one of its primary purposes
7representing its members in employer-employee relations.
8Excluded employee organization includes supervisory employee
9organizations.

10(e) “State employer” or “employer,” for purposes of meeting
11and conferring on matters relating to supervisory
12employer-employee relations, means the Governor or his or her
13designated representatives.

14

SEC. 73.  

Section 7480 of the Government Code, as amended
15by Section 2 of Chapter 304 of the Statutes of 2011, is repealed.

begin delete
16

7480.  

Nothing in this chapter shall prohibit any of the
17following:

18(a) The dissemination of any financial information that is not
19identified with, or identifiable as being derived from, the financial
20records of a particular customer.

21(b) When any police or sheriff’s department or district attorney
22in this state certifies to a bank, credit union, or savings association
23in writing that a crime report has been filed that involves the
24alleged fraudulent use of drafts, checks, access cards, or other
25orders drawn upon any bank, credit union, or savings association
26in this state, the police or sheriff’s department or district attorney,
27a county adult protective services office when investigating the
28financial abuse of an elder or dependent adult, or a long-term care
29ombudsman when investigating the financial abuse of an elder or
30dependent adult, may request a bank, credit union, or savings
31association to furnish, and a bank, credit union, or savings
32association shall furnish, a statement setting forth the following
33information with respect to a customer account specified by the
34requesting party for a period 30 days prior to, and up to 30 days
35following, the date of occurrence of the alleged illegal act involving
36the account:

37(1) The number of items dishonored.

38(2) The number of items paid that created overdrafts.

39(3) The dollar volume of the dishonored items and items paid
40which created overdrafts and a statement explaining any credit
P143  1arrangement between the bank, credit union, or savings association
2and customer to pay overdrafts.

3(4) The dates and amounts of deposits and debits and the account
4balance on these dates.

5(5) A copy of the signature card, including the signature and
6any addresses appearing on a customer’s signature card.

7(6) The date the account opened and, if applicable, the date the
8account closed.

9(7) Surveillance photographs and video recordings of persons
10accessing the crime victim’s financial account via an automated
11teller machine (ATM) or from within the financial institution for
12dates on which illegal acts involving the account were alleged to
13have occurred. Nothing in this paragraph does any of the following:

14(A) Requires a financial institution to produce a photograph or
15video recording if it does not possess the photograph or video
16recording.

17(B) Affects any existing civil immunities as provided in Section
1847 of the Civil Code or any other provision of law.

19(8) A bank, credit union, or savings association that provides
20the requesting party with copies of one or more complete account
21statements prepared in the regular course of business shall be
22deemed to be in compliance with paragraphs (1), (2), (3), and (4).

23(c) When any police or sheriff’s department or district attorney
24in this state certifies to a bank, credit union, or savings association
25in writing that a crime report has been filed that involves the
26alleged fraudulent use of drafts, checks, access cards, or other
27orders drawn upon any bank, credit union, or savings association
28doing business in this state, the police or sheriff’s department or
29district attorney, a county adult protective services office when
30investigating the financial abuse of an elder or dependent adult,
31or a long-term care ombudsman when investigating the financial
32abuse of an elder or dependent adult, may request, with the consent
33of the accountholder, the bank, credit union, or savings association
34to furnish, and the bank, credit union, or savings association shall
35furnish, a statement setting forth the following information with
36respect to a customer account specified by the requesting party for
37a period 30 days prior to, and up to 30 days following, the date of
38occurrence of the alleged illegal act involving the account:

39(1) The number of items dishonored.

40(2) The number of items paid that created overdrafts.

P144  1(3) The dollar volume of the dishonored items and items paid
2which created overdrafts and a statement explaining any credit
3arrangement between the bank, credit union, or savings association
4and customer to pay overdrafts.

5(4) The dates and amounts of deposits and debits and the account
6balance on these dates.

7(5) A copy of the signature card, including the signature and
8any addresses appearing on a customer’s signature card.

9(6) The date the account opened and, if applicable, the date the
10account closed.

11(7) Surveillance photographs and video recordings of persons
12accessing the crime victim’s financial account via an automated
13teller machine (ATM) or from within the financial institution for
14dates on which illegal acts involving this account were alleged to
15have occurred. Nothing in this paragraph does any of the following:

16(A) Requires a financial institution to produce a photograph or
17video recording if it does not possess the photograph or video
18recording.

19(B) Affects any existing civil immunities as provided in Section
2047 of the Civil Code or any other provision of law.

21(8) A bank, credit union, or savings association doing business
22in this state that provides the requesting party with copies of one
23or more complete account statements prepared in the regular course
24of business shall be deemed to be in compliance with paragraphs
25(1), (2), (3), and (4).

26(d) For purposes of subdivision (c), consent of the accountholder
27shall be satisfied if an accountholder provides to the financial
28institution and the person or entity seeking disclosure, a signed
29and dated statement containing all of the following:

30(1) Authorization of the disclosure for the period specified in
31subdivision (c).

32(2) The name of the agency or department to which disclosure
33is authorized and, if applicable, the statutory purpose for which
34the information is to be obtained.

35(3) A description of the financial records that are authorized to
36be disclosed.

37(e) (1) The Attorney General, a supervisory agency, the
38Franchise Tax Board, the State Board of Equalization, the
39Employment Development Department, the Controller or an
40inheritance tax referee when administering the Prohibition of Gift
P145  1and Death Taxes (Part 8 (commencing with Section 13301) of
2Division 2 of the Revenue and Taxation Code), a police or sheriff’s
3department or district attorney, a county adult protective services
4office when investigating the financial abuse of an elder or
5dependent adult, a long-term care ombudsman when investigating
6the financial abuse of an elder or dependent adult, a county welfare
7department when investigating welfare fraud, a county
8auditor-controller or director of finance when investigating fraud
9against the county, or the Department of Corporations when
10conducting investigations in connection with the enforcement of
11laws administered by the Commissioner of Corporations, from
12requesting of an office or branch of a financial institution, and the
13office or branch from responding to a request, as to whether a
14person has an account or accounts at that office or branch and, if
15so, any identifying numbers of the account or accounts.

16(2) No additional information beyond that specified in this
17section shall be released to a county welfare department without
18either the accountholder’s written consent or a judicial writ, search
19warrant, subpoena, or other judicial order.

20(3) A county auditor-controller or director of finance who
21unlawfully discloses information he or she is authorized to request
22under this subdivision is guilty of the unlawful disclosure of
23confidential data, a misdemeanor, which shall be punishable as
24set forth in Section 7485.

25(f) The examination by, or disclosure to, any supervisory agency
26of financial records that relate solely to the exercise of its
27supervisory function. The scope of an agency’s supervisory
28function shall be determined by reference to statutes that grant
29authority to examine, audit, or require reports of financial records
30or financial institutions as follows:

31(1) With respect to the Commissioner of Financial Institutions
32by reference to Division 1 (commencing with Section 99), Division
331.5 (commencing with Section 4800), Division 2 (commencing
34with Section 5000), Division 5 (commencing with Section 14000),
35Division 7 (commencing with Section 18000), Division 15
36(commencing with Section 31000), and Division 16 (commencing
37with Section 33000), of the Financial Code.

38(2) With respect to the Controller by reference to Title 10
39(commencing with Section 1300) of Part 3 of the Code of Civil
40Procedure.

P146  1(3) With respect to the Administrator of Local Agency Security
2by reference to Article 2 (commencing with Section 53630) of
3Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
4Code.

5(g) The disclosure to the Franchise Tax Board of (1) the amount
6of any security interest that a financial institution has in a specified
7asset of a customer or (2) financial records in connection with the
8filing or audit of a tax return or tax information return that are
9required to be filed by the financial institution pursuant to Part 10
10(commencing with Section 17001), Part 11 (commencing with
11Section 23001), or Part 18 (commencing with Section 38001), of
12the Revenue and Taxation Code.

13(h) The disclosure to the State Board of Equalization of any of
14the following:

15(1) The information required by Sections 6702, 6703, 8954,
168957, 30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155,
1741122, 41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404,
1846406, 50134, 50136, 55203, 55205, 60404, and 60407 of the
19Revenue and Taxation Code.

20(2) The financial records in connection with the filing or audit
21of a tax return required to be filed by the financial institution
22 pursuant to Part 1 (commencing with Section 6001), Part 2
23(commencing with Section 7301), Part 3 (commencing with Section
248601), Part 13 (commencing with Section 30001), Part 14
25(commencing with Section 32001), and Part 17 (commencing with
26Section 37001), of Division 2 of the Revenue and Taxation Code.

27(3) The amount of any security interest a financial institution
28has in a specified asset of a customer, if the inquiry is directed to
29the branch or office where the interest is held.

30(i) The disclosure to the Controller of the information required
31by Section 7853 of the Revenue and Taxation Code.

32(j) The disclosure to the Employment Development Department
33of the amount of any security interest a financial institution has in
34a specified asset of a customer, if the inquiry is directed to the
35branch or office where the interest is held.

36(k) The disclosure by a construction lender, as defined in Section
378006 of the Civil Code, to the Registrar of Contractors, of
38information concerning the making of progress payments to a
39prime contractor requested by the registrar in connection with an
P147  1investigation under Section 7108.5 of the Business and Professions
2Code.

3(l) Upon receipt of a written request from a local child support
4agency referring to a support order pursuant to Section 17400 of
5the Family Code, a financial institution shall disclose the following
6information concerning the account or the person named in the
7request, whom the local child support agency shall identify,
8whenever possible, by social security number:

9(1) If the request states the identifying number of an account at
10a financial institution, the name of each owner of the account.

11(2) Each account maintained by the person at the branch to
12which the request is delivered, and, if the branch is able to make
13a computerized search, each account maintained by the person at
14any other branch of the financial institution located in this state.

15(3) For each account disclosed pursuant to paragraphs (1) and
16(2), the account number, current balance, street address of the
17branch where the account is maintained, and, to the extent available
18through the branch’s computerized search, the name and address
19of any other person listed as an owner.

20(4) Whenever the request prohibits the disclosure, a financial
21institution shall not disclose either the request or its response, to
22an owner of the account or to any other person, except the officers
23and employees of the financial institution who are involved in
24responding to the request and to attorneys, employees of the local
25child support agencies, auditors, and regulatory authorities who
26have a need to know in order to perform their duties, and except
27as disclosure may be required by legal process.

28(5) No financial institution, or any officer, employee, or agent
29thereof, shall be liable to any person for (A) disclosing information
30in response to a request pursuant to this subdivision, (B) failing to
31notify the owner of an account, or complying with a request under
32this paragraph not to disclose to the owner, the request or disclosure
33under this subdivision, or (C) failing to discover any account owned
34by the person named in the request pursuant to a computerized
35search of the records of the financial institution.

36(6) The local child support agency may request information
37pursuant to this subdivision only when the local child support
38agency has received at least one of the following types of physical
39evidence:

40(A) Any of the following, dated within the last three years:

P148  1(i) Form 599.

2(ii) Form 1099.

3(iii) A bank statement.

4(iv) A check.

5(v) A bank passbook.

6(vi) A deposit slip.

7(vii) A copy of a federal or state income tax return.

8(viii) A debit or credit advice.

9(ix) Correspondence that identifies the child support obligor by
10name, the bank, and the account number.

11(x) Correspondence that identifies the child support obligor by
12name, the bank, and the banking services related to the account of
13the obligor.

14(xi) An asset identification report from a federal agency.

15(B) A sworn declaration of the custodial parent during the 12
16months immediately preceding the request that the person named
17in the request has had or may have had an account at an office or
18branch of the financial institution to which the request is made.

19(7) Information obtained by a local child support agency
20pursuant to this subdivision shall be used only for purposes that
21are directly connected with the administration of the duties of the
22local child support agency pursuant to Section 17400 of the Family
23Code.

24(m) (1) As provided in paragraph (1) of subdivision (c) of
25Section 666 of Title 42 of the United States Code, upon receipt of
26an administrative subpoena on the current federally approved
27interstate child support enforcement form, as approved by the
28federal Office of Management and Budget, a financial institution
29shall provide the information or documents requested by the
30administrative subpoena.

31(2) The administrative subpoena shall refer to the current federal
32Office of Management and Budget control number and be signed
33by a person who states that he or she is an authorized agent of a
34state or county agency responsible for implementing the child
35support enforcement program set forth in Part D (commencing
36with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
37United States Code. A financial institution may rely on the
38statements made in the subpoena and has no duty to inquire into
39the truth of any statement in the subpoena.

P149  1(3) If the person who signs the administrative subpoena directs
2a financial institution in writing not to disclose either the subpoena
3or its response to any owner of an account covered by the subpoena,
4the financial institution shall not disclose the subpoena or its
5response to the owner.

6(4) No financial institution, or any officer, employee, or agent
7thereof, shall be liable to any person for (A) disclosing information
8or providing documents in response to a subpoena pursuant to this
9subdivision, (B) failing to notify any owner of an account covered
10by the subpoena or complying with a request not to disclose to the
11owner, the subpoena or disclosure under this subdivision, or (C)
12failing to discover any account owned by the person named in the
13subpoena pursuant to a computerized search of the records of the
14financial institution.

15(n) The dissemination of financial information and records
16pursuant to any of the following:

17(1) Compliance by a financial institution with the requirements
18of Section 2892 of the Probate Code.

19(2) Compliance by a financial institution with the requirements
20of Section 2893 of the Probate Code.

21(3) An order by a judge upon a written ex parte application by
22a peace officer showing specific and articulable facts that there
23are reasonable grounds to believe that the records or information
24sought are relevant and material to an ongoing investigation of a
25felony violation of Section 186.10 or of any felony subject to the
26enhancement set forth in Section 186.11.

27(A) The ex parte application shall specify with particularity the
28records to be produced, which shall be only those of the individual
29or individuals who are the subject of the criminal investigation.

30(B) The ex parte application and any subsequent judicial order
31shall be open to the public as a judicial record unless ordered sealed
32by the court, for a period of 60 days. The sealing of these records
33may be extended for 60-day periods upon a showing to the court
34that it is necessary for the continuance of the investigation.
35Sixty-day extensions may continue for up to one year or until
36termination of the investigation of the individual or individuals,
37whichever is sooner.

38(C) The records ordered to be produced shall be returned to the
39peace officer applicant or his or her designee within a reasonable
40time period after service of the order upon the financial institution.

P150  1(D) Nothing in this subdivision shall preclude the financial
2institution from notifying a customer of the receipt of the order
3for production of records unless a court orders the financial
4institution to withhold notification to the customer upon a finding
5that the notice would impede the investigation.

6(E) Where a court has made an order pursuant to this paragraph
7to withhold notification to the customer under this paragraph, the
8peace officer or law enforcement agency who obtained the financial
9information shall notify the customer by delivering a copy of the
10ex parte order to the customer within 10 days of the termination
11of the investigation.

12(4) An order by a judge issued pursuant to subdivision (c) of
13Section 532f of the Penal Code.

14(5) No financial institution, or any officer, employee, or agent
15thereof, shall be liable to any person for any of the following:

16(A) Disclosing information to a probate court pursuant to
17Sections 2892 and 2893.

18(B) Disclosing information in response to a court order pursuant
19to paragraph (3).

20(C) Complying with a court order under this subdivision not to
21disclose to the customer, the order, or the dissemination of
22information pursuant to the court order.

23(o) Disclosure by a financial institution to a peace officer, as
24defined in Section 830.1 of the Penal Code, pursuant to the
25following:

26(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
27Civil Code, provided that the financial institution has first complied
28with the requirements of paragraph (2) of subdivision (a) and
29subdivision (b) of Section 1748.95 of the Civil Code.

30(2) Paragraph (1) of subdivision (a) of Section 4002 of the
31Financial Code, provided that the financial institution has first
32complied with the requirements of paragraph (2) of subdivision
33(a) and subdivision (b) of Section 4002 of the Financial Code.

34(3) Paragraph (1) of subdivision (a) of Section 22470 of the
35Financial Code, provided that any financial institution that is a
36finance lender has first complied with the requirements of
37paragraph (2) of subdivision (a) and subdivision (b) of Section
3822470 of the Financial Code.

39(p) When the governing board of the Public Employees’
40Retirement System or the State Teachers’ Retirement System
P151  1certifies in writing to a financial institution that a benefit recipient
2has died and that transfers to the benefit recipient’s account at the
3financial institution from the retirement system occurred after the
4benefit recipient’s date of death, the financial institution shall
5furnish the retirement system with the name and address of any
6coowner, cosigner, or any other person who had access to the funds
7in the account following the date of the benefit recipient’s death,
8or if the account has been closed, the name and address of the
9person who closed the account.

10(q) When the retirement board of a retirement system established
11under the County Employees Retirement Law of 1937 certifies in
12writing to a financial institution that a retired member or the
13beneficiary of a retired member has died and that transfers to the
14account of the retired member or beneficiary of a retired member
15at the financial institution from the retirement system occurred
16after the date of death of the retired member or beneficiary of a
17retired member, the financial institution shall furnish the retirement
18system with the name and address of any coowner, cosigner, or
19any other person who had access to the funds in the account
20following the date of death of the retired member or beneficiary
21of a retired member, or if the account has been closed, the name
22and address of the person who closed the account.

23(r) When the Franchise Tax Board certifies in writing to a
24financial institution that (1) a taxpayer filed a tax return that
25authorized a direct deposit refund with an incorrect financial
26institution account or routing number that resulted in all or a
27portion of the refund not being received, directly or indirectly, by
28the taxpayer; (2) the direct deposit refund was not returned to the
29Franchise Tax Board; and (3) the refund was deposited directly
30on a specified date into the account of an accountholder of the
31financial institution who was not entitled to receive the refund,
32then the financial institution shall furnish to the Franchise Tax
33Board the name and address of any coowner, cosigner, or any other
34person who had access to the funds in the account following the
35date of direct deposit refund, or if the account has been closed, the
36name and address of the person who closed the account.

end delete
37

SEC. 74.  

Section 7522.20 of the Government Code is amended
38to read:

39

7522.20.  

(a) Each retirement system that offers a defined
40benefit plan for nonsafety members of the system shall use the
P152  1formula prescribed by this section. The defined benefit plan shall
2provide a pension at retirement for service equal to the percentage
3of the member’s final compensation set forth opposite the
4member’s age at retirement, taken to the preceding quarter year,
5in the following table, multiplied by the number of years of service
6in the system as a nonsafety member. A member may retire for
7service under this section after five years of service and upon
8reaching 52 years of age.


9

 

Age of RetirementFraction

52   

begin delete

1.00

end delete
begin insert 1.000end insert

5214   

1.025

5212   

1.050

5234   

1.075

53   ......

1.100

5314   

1.125

5312   

1.150

5334   

1.175

54   

1.200

5414   

1.225

5412   

1.250

5434   

1.275

55   

1.300

5514   

1.325

5512   

1.350

5534   

1.375

56   

1.400

5614   

1.425

5612   

1.450

5634   

1.475

57   

1.500

5714   

1.525

5712   

1.550

5734   

1.575

58   

1.600

5814   

1.625

5812   

1.650

5834   

1.675

59   

1.700

5914   

1.725

5912   

1.750

5934   

1.775

60   

1.800

6014   

1.825

6012   

1.850

6034   

1.875

61   

1.900

6114   

1.925

6112   

1.950

6134   

1.975

62   

2.000

6214   

2.025

6212   

2.050

6234   

2.075

63   

2.100

6314   

2.125

6312   

2.150

6334   

2.175

64   

2.200

6414   

2.225

6412   

2.250

6434   

2.275

65   

2.300

6514   

2.325

6512   

2.350

6534   

2.375

66   

2.400

6614   

2.425

6612   

2.450

6634   

2.475

67   

2.500

 

P153 34(b) Pensionable compensation used to calculate the defined
35benefit shall be limited as described in Section 7522.10.

36(c) A new member of the State Teachers’ Retirement System
37shall be subject to the formula established pursuant to Section
3824202.6 of the Education Code.

39

SEC. 75.  

Section 7522.56 of the Government Code is amended
40to read:

P154  1

7522.56.  

(a) This section shall apply to any person who is
2receiving a pension benefit from a public retirement system and
3shall supersede any other provision in conflict with this section.

4(b) A retired person shall not serve, be employed by, or be
5employed through a contract directly by, a public employer in the
6same public retirement system from which the retiree receives the
7benefit without reinstatement from retirement, except as permitted
8by this section.

9(c) A person who retires from a public employer may serve
10without reinstatement from retirement or loss or interruption of
11benefits provided by the retirement system upon appointment by
12the appointing power of a public employer either during an
13 emergency to prevent stoppage of public business or because the
14retired person has skills needed to perform work of limited
15duration.

16(d) Appointments of the person authorized under this section
17shall not exceed a total for all employers in that public retirement
18system of 960 hours or other equivalent limit, in a calendar or
19fiscal year, depending on the administrator of the system. The rate
20of pay for the employment shall not be less than the minimum,
21nor exceed the maximum, paid by the employer to other employees
22performing comparable duties, divided by 173.333 to equal an
23hourly rate. A retired person whose employment without
24reinstatement is authorized by this section shall acquire no service
25credit or retirement rights under this section with respect to the
26employment unless he or she reinstates from retirement.

27(e) (1) Notwithstanding subdivision (c), any retired person shall
28not be eligible to serve or be employed by a public employer if,
29during the 12-month period prior to an appointment described in
30this section, the retired person received any unemployment
31insurance compensation arising out of prior employment subject
32to this section with a public employer. A retiree shall certify in
33writing to the employer upon accepting an offer of employment
34that he or she is in compliance with this requirement.

35(2) A retired person who accepts an appointment after receiving
36unemployment insurance compensation as described in this
37subdivision shall terminate that employment on the last day of the
38current pay period and shall not be eligible for reappointment
39subject to this section for a period of 12 months following the last
40day of employment.

P155  1(f) A retired person shall not be eligible to be employed pursuant
2to this section for a period of 180 days following the date of
3retirement unless he or she meets one of the following conditions:

4(1) The employer certifies the nature of the employment and
5that the appointment is necessary to fill a critically needed position
6before 180 daysbegin delete hasend deletebegin insert haveend insert passed and the appointment has been
7approved by the governing body of the employer in a public
8meeting. The appointment may not be placed on a consent calendar.

9(2) The state employer certifies the nature of the employment
10and that the appointment is necessary to fill a critically needed
11state employment position before 180 daysbegin delete hasend deletebegin insert haveend insert passed and
12the appointment has been approved by the Department of Human
13Resources. The department may establish a process to delegate
14appointing authority to individual state agencies, but shall audit
15the process to determine if abuses of the system occur. If necessary,
16the department may assume an agency’s appointing authority for
17retired workers and may charge the department an appropriate
18amount for administering that authority.

19(3) The retiree is eligible to participate in the Faculty Early
20Retirement Program pursuant to a collective bargaining agreement
21with the California State University that existed prior to January
221, 2013, or has been included in subsequent agreements.

23(4) The retiree is a public safety officerbegin delete ofend deletebegin insert orend insert firefighter.

24(g) A retired person who accepted a retirement incentive upon
25retirement shall not be eligible to be employed pursuant to this
26section for a period of 180 days following the date of retirement
27and subdivision (f) shall not apply.

28(h) This section shall not apply to a person who is retired from
29the State Teachers’ Retirement System, and who is subject to
30Section 24214, 24214.5, or 26812 of the Education Code.

31(i) This section shall not apply to (1) a subordinate judicial
32officer whose position, upon retirement, is converted to a judgeship
33pursuant to Section 69615, and he or she returns to work in the
34converted position, and the employer is a trial court, or (2) a retiree
35who takes office as a judge of a court of record pursuant to Article
36VI of the California Constitution or a retiree of the Judges’
37Retirement System I or the Judges’ Retirement System II who is
38appointed to serve as a retired judge.

39

SEC. 76.  

Section 7522.57 of the Government Code is amended
40to read:

P156  1

7522.57.  

(a) This section shall apply to any retired person who
2is receiving a pension benefit from a public retirement system and
3is first appointed on or after January 1, 2013, to a salaried position
4on a state board or commission. This section shall supersede any
5other provision in conflict with this section.

6(b) A person who is retired from a public retirement system
7may serve without reinstatement from retirement or loss or
8interruption of benefits provided that appointment is to a part-time
9state board or commission. A retired person whose employment
10without reinstatement is authorized by this subdivision shall acquire
11no benefits, service credit, or retirement rights with respect to the
12employment. Unless otherwise defined in statute, for the purpose
13of this section, a part-time appointment shall mean an appointment
14with a salary of no more than $60,000 annually, which shall be
15increased in any fiscal year in which a general salary increase is
16provided for state employees. The amount of the increase provided
17by this section shall be comparable to, but shall not exceed, the
18percentage of the general salary increases provided for state
19employees during that fiscal year.

20(c) A person who is retired from the Public Employees’
21Retirement System shall not serve on a full-time basis on a state
22board or commission without reinstatement unless that person
23serves as a nonsalaried member of the board or commission and
24receives only per diem authorized to all members of the board or
25commission. A person who serves as a nonsalaried member of a
26board or commission shall not earn any service credit or benefits
27in the Public Employees’ Retirement System or make contributions
28with respect to the service performed.

29(d) A person retired from a public retirement system other than
30the Public Employees’ Retirement System who is appointed on a
31full-time basis to a state board or commission shall choose one of
32the following options:

33(1) The person may serve as a nonsalaried member of the board
34or commission and continue to receive his or her retirement
35allowance, in addition to any per diem authorized to all members
36of the board or commission. The person shall not earn service
37credit or benefits in the Public Employees’ Retirement System and
38shall not make contributions with respect to the service performed.

39(2) begin delete(i)end deletebegin deleteend deletebegin insert (A)end insertbegin insertend insert The person may suspend his or her retirement
40allowance or allowances and instate as a new member of the Public
P157  1Employees’ Retirement System for the service performed on the
2board or commission. The pensionable compensation earned
3pursuant to this paragraph shall not be eligible for reciprocity with
4any other retirement system or plan.

begin delete

5(ii)

end delete

6begin insert(B)end insert Upon retiring for service after serving on the board or
7commission, the appointee shall be entitled to reinstatement of any
8suspended benefits, including employer provided retiree health
9benefits, that he or she was entitled to at the time of being
10appointed to the board or commission.

11(e) Notwithstanding subdivisions (c) and (d), a person who
12retires from a public employer may serve without reinstatement
13from retirement or loss or interruption of benefits provided by the
14retirement system upon appointment to a full-time state board
15pursuant to Section 5075 of the Penal Code.

16

SEC. 77.  

Section 7522.72 of the Government Code is amended
17to read:

18

7522.72.  

(a) This section shall apply to a public employee first
19employed by a public employer or first elected or appointed to an
20office before January 1, 2013, and, on and after that date, Section
217522.70 shall not apply.

22(b) (1) If a public employee is convicted by a state or federal
23trial court of any felony under state or federal law for conduct
24arising out of or in the performance of his or her official duties, in
25pursuit of the office or appointment, or in connection with
26obtaining salary, disability retirement, service retirement, or other
27benefits, he or she shall forfeit all accrued rights and benefits in
28any public retirement system in which he or she is a member to
29the extent provided in subdivision (c) and shall not accrue further
30 benefits in that public retirement system, effective on the date of
31the conviction.

32(2) If a public employee who has contact with children as part
33ofbegin insert his orend insert her official duties is convicted of a felony that was
34committed within the scope of his or her official duties against or
35involving a child who he or she has contact with as part of his or
36her official duties, he or she shall forfeit all accrued rights and
37benefits in any public retirement system in which he or she is a
38member to the extent provided in subdivision (c) and shall not
39accrue further benefits in that public retirement system, effective
40on the date of the conviction.

P158  1(c) (1) A public employee shall forfeit all the retirement benefits
2earned or accrued from the earliest date of the commission of any
3felony described in subdivision (b) to the forfeiture date, inclusive.
4The retirement benefits shall remain forfeited notwithstanding any
5reduction in sentence or expungement of the conviction following
6the date of the public employee’s conviction. Retirement benefits
7attributable to service performed prior to the date of the first
8commission of the felony for which the public employee was
9convicted shall not be forfeited as a result of this section.

10(2) For purposes of this subdivision, “forfeiture date” means
11the date of the conviction.

12(d) (1) Any contributions to the public retirement system made
13by the public employee described in subdivision (b) on or after
14the earliest date of the commission of any felony described in
15subdivision (b) shall be returned, without interest, to the public
16employee upon the occurrence of a distribution event unless
17otherwise ordered by a court or determined by the pension
18administrator.

19(2) Any funds returned to the public employee pursuant to
20subdivision (d) shall be disbursed by electronic funds transfer to
21an account of the public employee, in a manner conforming with
22the requirements of the Internal Revenue Code, and the public
23retirement system shall notify the court and the district attorney
24at least three business days before that disbursement of funds.

25(3) For the purposes of this subdivision, a “distribution event”
26means any of the following:

27(A) Separation from employment.

28(B) Death of the member.

29(C) Retirement of the member.

30(e) (1) Upon conviction, a public employee as described in
31subdivision (b) and the prosecuting agency shall notify the public
32employer who employed the public employee at the time of the
33commission of the felony within 60 days of the felony conviction
34of all of the following information:

35(A) The date of conviction.

36(B) The date of the first known commission of the felony.

37(2) The operation of this section is not dependent upon the
38performance of the notification obligations specified in this
39subdivision.

P159  1(f) The public employer that employs or employed a public
2employee described in subdivision (b) and that public employee
3shall each notify the public retirement system in which the public
4employee is a member of that public employee’s conviction within
590 days of the conviction. The operation of this section is not
6dependent upon the performance of the notification obligations
7specified in this subdivision.

8(g) A public retirement system may assess a public employer a
9reasonable amount to reimburse the cost of audit, adjustment, or
10correction, if it determines that the public employer failed to
11comply with this section.

12(h) If a public employee’s conviction is reversed and that
13decision is final, the employee shall be entitled to do either of the
14following:

15(1) Recover the forfeited retirement benefits as adjusted for the
16contributions received pursuant to subdivision (d).

17(2) Redeposit those contributions and interest, as determined
18by the system actuary, and then recover the full amount of the
19forfeited benefits.

20(i) A public employee first employed by a public employer or
21first elected or appointed to an office on or after January 1, 2013,
22shall be subject to Section 7522.74.

23

SEC. 78.  

Section 8164.1 of the Government Code is amended
24to read:

25

8164.1.  

There is in state government a Capitol Area Committee
26consisting of nine members who shall be appointed in the following
27manner:

28(a) Four members of the committee shall be appointed by the
29Governor of which at least one member shall be appointed from
30a list of three candidates submitted by the City of Sacramento and
31at least one member shall be appointed from a list of three
32candidates submitted by the County of Sacramento. Two members
33shall be appointed for a term expiring December 31, 1979, and
34two for a term expiring December 31, 1981.

35(b) Two members shall be appointed by the Speaker of the
36Assembly, one of whom may be a Member of the Assembly, and
37two members shall be appointed by the Senate Rules Committee,
38one of whom may be a Member of the Senate. Legislative members
39of the committee shall meet and, except as otherwise provided by
40the Constitution, advise the department to the extent that the
P160  1advisory participation is not incompatible with their respective
2positions as Members of the Legislature. Of the four appointments
3by the Legislature, two shall be appointed for a term expiring
4December 31, 1979, and two for a term expiring December 31,
51981.

6(c) One shall be appointed by and serve at the pleasure of the
7director.

8Subsequent appointments pursuant to subdivisions (a) and (b)
9shall be for terms of four years, ending on December 31 of the
10fourth year after the end of the prior term, except that appointments
11to fill vacancies occurring for any reason other than the expiration
12of the term shall be for the unexpired portion of the term in which
13they occur. The members of the board shall hold office until their
14 successors are appointed and qualify.

15The members of the committee shall not receive compensation
16from the state for their services under this article but, when called
17to attend a meeting of the committee, shall be reimbursed for their
18actual and necessary expenses incurred in connection with the
19meeting in accordance with the rules of the Department of
20begin deletePersonnel Administrationend deletebegin insert Human Resourcesend insert.

21(d) This section shall remain in effect only until January 1, 2018,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2018, deletes or extends that date.

24

SEC. 79.  

The heading of Chapter 3.1 (commencing with
25Section 8240) of Division 1 of Title 2 of the Government Code is
26amended to read:

27 

28Chapter  3.1. Commission on the Status of Womenbegin insert and
29Girlsend insert
30

 

31

SEC. 80.  

Section 11019 of the Government Code is amended
32to read:

33

11019.  

(a) Any department or authority specified in subdivision
34(b) may, upon determining that an advance payment is essential
35for the effective implementation of a program within the provisions
36of this section, and to the extent funds are available, advance to a
37community-based private nonprofit agency with which it has
38contracted, pursuant to federal law and related state law, for the
39delivery of services, not to exceed 25 percent of the annual
40allocation to be made pursuant to the contract and those laws during
P161  1the fiscal year to the private nonprofit agency. Advances in excess
2of 25 percent may be made on contracts financed by a federal
3program when the advances are not prohibited by federal
4guidelines. Advance payments may be provided for services to be
5performed under any contract with a total annual contract amount
6of four hundred thousand dollars ($400,000) or less. This amount
7shall be increased by 5 percent, as determined by the Department
8of Finance, for each year commencing with 1989. Advance
9payments may also be made with respect to any contract that the
10Department of Finance determines has been entered into with any
11community-based private nonprofit agency with modest reserves
12and potential cashflow problems. No advance payment shall be
13granted if the total annual contract exceeds four hundred thousand
14dollars ($400,000), without the prior approval of the Department
15of Finance.

16The specific departments and authority mentioned in subdivision
17(b) shall develop a plan to establish control procedures for advance
18payments. Each plan shall include a procedure whereby the
19department or authority determines whether or not an advance
20payment is essential for the effective implementation of a particular
21program being funded. Each plan shall be approved by the
22Department of Finance.

23(b) Subdivision (a) shall apply to the Emergency Medical
24begin delete Serviceend deletebegin insert Servicesend insert Authority, the California Department of Aging,
25the State Department of Developmental Services, the State
26Department of Alcohol and Drug Programs, the Department of
27Correctionsbegin insert and Rehabilitation, including the Division of Juvenile
28Justiceend insert
, the Department ofbegin delete Economic Opportunityend deletebegin insert Community
29Services and Developmentend insert
, the Employment Development
30Department, the State Department of Health Services, the State
31Department of State Hospitals, the Department of Rehabilitation,
32the State Department of Social Services, the Department of Child
33Support Services,begin delete the Department of the Youth Authority,end delete the State
34Department of Education, the area boards on developmental
35disabilities, the State Council on Developmental Disabilities, the
36Office of Statewide Health Planning and Development, and the
37California Environmental Protection Agency, including all boards
38and departments contained therein.

39Subdivision (a) shall also apply to the California Health and
40Human Services Agency, which may make advance payments,
P162  1pursuant to the requirements of that subdivision, to multipurpose
2senior services projects as established in begin deleteSections 9400 to 9413,
3inclusive,end delete
begin insert Chapter 8 (commencing with Section 9560) of Division
48.5end insert
of the Welfare and Institutions Code.

5Subdivision (a) shall also apply to thebegin insert Naturalend insert Resources
6Agency, including all boards and departments contained in that
7agency, which may make advance payments pursuant to the
8requirements of that subdivision with respect to grants and
9contracts awarded to certified local community conservation corps.

10(c) A county may, upon determining that an advance payment
11is essential for the effective implementation of a program within
12the provisions of this section, and to the extent funds are available,
13and not more frequently than once each fiscal year, advance to a
14community-based private nonprofit agency with which it has
15contracted, pursuant to any applicable federal or state law, for the
16delivery of services, not to exceed 25 percent of the annual
17allocation to be made pursuant to the contract and those laws,
18during the fiscal year to the private nonprofit agency.

19

SEC. 81.  

Section 11020 of the Government Code is amended
20to read:

21

11020.  

(a) Unless otherwise provided by law, all offices of
22every state agency shall be kept open for the transaction of business
23from 8 a.m. until 5 p.m. of each day from Monday to Friday,
24inclusive, other than legal holidays. However, any state agency or
25division, branch or office thereof may be kept open for the
26transaction of business on other hours and on other days than those
27specified in this subdivision.

28(b) If this section is in conflict withbegin delete theend delete a memorandum of
29understanding reached pursuant to Chapter 12 (commencing with
30Section 3560) of Division 4 of Title 1, the memorandum of
31understanding shall be controlling without further legislative action,
32except that if the memorandum of understanding requires the
33expenditure of funds, the memorandum shall not become effective
34unless approved by the Legislature in the annual Budget Act.

35(c) Subdivision (a) shall not apply to any fair or association
36specified under Division 3 (commencing with Section 3001) of
37the Food and Agricultural Code.

38

SEC. 82.  

Section 11435.15 of the Government Code is amended
39to read:

P163  1

11435.15.  

(a) The following state agencies shall provide
2language assistance in adjudicative proceedings to the extent
3provided in this article:

4Agricultural Labor Relations Board

begin delete

5Department of Alcohol and Drug Abuse

end delete
begin insert

6State Department of Alcohol and Drug Programs

end insert

7State Athletic Commission

8California Unemployment Insurance Appeals Board

9Board ofbegin delete Prison Termsend deletebegin insert Parole Hearingsend insert

10State Board of Barbering and Cosmetology

11State Department of Developmental Services

12Public Employment Relations Board

13Franchise Tax Board

14State Department of Healthbegin insert Careend insert Services

15Department of Housing and Community Development

16Department of Industrial Relations

17State Department of State Hospitals

18Department of Motor Vehicles

19Notary Public Section, Office of the Secretary of State

20Public Utilities Commission

21Office of Statewide Health Planning and Development

22State Department of Social Services

23Workers’ Compensation Appeals Board

begin delete

24Department of the Youth Authority

end delete
begin insert

25Division of Juvenile Justice

end insert
begin delete

26Youthful Offender Parole Board

end delete
begin insert

27Division of Juvenile Parole Operations

end insert

28Department of Insurance

29State Personnel Board

30California Board of Podiatric Medicine

31Board of Psychology

32(b) Nothing in this section prevents an agency other than an
33agency listed in subdivision (a) from electing to adopt any of the
34procedures in this article, provided that any selection of an
35interpreter is subject to Section 11435.30.

36(c) Nothing in this section prohibits an agency from providing
37an interpreter during a proceeding to which this chapter does not
38apply, including an informal factfinding or informal investigatory
39hearing.

P164  1(d) This article applies to an agency listed in subdivision (a)
2notwithstanding a general provision that this chapter does not apply
3to some or all of an agency’s adjudicative proceedings.

4

SEC. 83.  

Section 11552 of the Government Code is amended
5to read:

6

11552.  

(a) Effective January 1, 1988, an annual salary of
7eighty-five thousand four hundred two dollars ($85,402) shall be
8paid to each of the following:

9(1) Commissioner ofbegin delete Financial Institutionsend deletebegin insert Business Oversightend insert.

begin delete

10(2) Commissioner of Corporations.

end delete
begin delete

11(3)

end delete

12begin insert(2)end insert Director of Transportation.

begin delete

13(4)

end delete

14begin insert(3)end insert Real Estate Commissioner.

begin delete

15(5)

end delete

16begin insert(4)end insert Director of Social Services.

begin delete

17(6)

end delete

18begin insert(5)end insert Director of Water Resources.

begin delete

19(7)

end delete

20begin insert(6)end insert Director of General Services.

begin delete

21(8)

end delete

22begin insert(7)end insert Director of Motor Vehicles.

begin delete

23(9)

end delete

24begin insert(8)end insert Executive Officer of the Franchise Tax Board.

begin delete

25(10)

end delete

26begin insert(9)end insert Director of Employment Development.

begin delete

27(11)

end delete

28begin insert(10)end insert Director of Alcoholic Beverage Control.

begin delete

29(12)

end delete

30begin insert(11)end insert Director of Housing and Community Development.

begin delete

31(13)

end delete

32begin insert(12)end insert Director of Alcohol and Drug Programs.

begin delete

33(14)

end delete

34begin insert(13)end insert Director of Statewide Health Planning and Development.

begin delete

35(15)

end delete

36begin insert(14)end insert Director of the Department ofbegin delete Personnel Administrationend delete
37begin insert Human Resourcesend insert.

begin delete

38(16)

end delete

39begin insert(15)end insert Director of Health Care Services.

begin delete

40(17)

end delete

P165  1begin insert(16)end insert Director ofbegin delete Mental Healthend deletebegin insert State Hospitalsend insert.

begin delete

2(18)

end delete

3begin insert(17)end insert Director of Developmental Services.

begin delete

4(19)

end delete

5begin insert(18)end insert State Public Defender.

begin delete

6(20)

end delete

7begin insert(19)end insert Director of the California State Lottery.

begin delete

8(21)

end delete

9begin insert(20)end insert Director of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert.

begin delete

10(22)

end delete

11begin insert(21)end insert Director of Parks and Recreation.

begin delete

12(23)

end delete

13begin insert(22)end insert Director of Rehabilitation.

begin delete

14(24)

end delete

15begin insert(23)end insert Director of the Office of Administrative Law.

begin delete

16(25)

end delete

17begin insert(24)end insert Director of Consumer Affairs.

begin delete

18(26)

end delete

19begin insert(25)end insert Director of Forestry and Fire Protection.

begin delete

20(27)

end delete

21begin insert(26)end insert The Inspector General pursuant to Section 6125 of the
22Penal Code.

begin delete

23(28)

end delete

24begin insert(27)end insert Director of Child Support Services.

begin delete

25(29)

end delete

26begin insert(28)end insert Director of Industrial Relations.

begin delete

27(30)

end delete

28begin insert(29)end insert Director of Toxic Substances Control.

begin delete

29(31)

end delete

30begin insert(30)end insert Director of Pesticide Regulation.

begin delete

31(32)

end delete

32begin insert(31)end insert Director of Managed Health Care.

begin delete

33(33)

end delete

34begin insert(32)end insert Director of Environmental Health Hazard Assessment.

begin delete

35(34)

end delete

36begin insert(33)end insert Director of Technology.

begin delete

37(35)

end delete

38begin insert(34)end insert Director of California Bay-Delta Authority.

begin delete

39(36)

end delete

40begin insert(35)end insert Director of California Conservation Corps.

P166  1(b) The annual compensation provided by this section shall be
2increased in any fiscal year in which a general salary increase is
3provided for state employees. The amount of the increase provided
4by this section shall be comparable to, but shall not exceed, the
5percentage of the general salary increases provided for state
6employees during that fiscal year.

7

SEC. 84.  

Section 12460 of the Government Code is amended
8to read:

9

12460.  

The Controller shall submit an annual report to the
10Governor containing a statement of the funds of the state, its
11revenues, and the public expenditures during the preceding fiscal
12year. The annual report shall be known as the budgetary-legal basis
13annual report and prepared in a manner that will account for prior
14year adjustments, fund balances, encumbrances, deferred payroll,
15revenues, expenditures, and other components on the same basis
16as that of the applicable Governor’s Budget and the applicable
17Budget Act, as determined by the Director of Finance in
18consultation with the Controller. If the Governor’s Budget or the
19Budget Actbegin delete doend deletebegin insert doesend insert not provide the applicable information for this
20purpose, funds shall be accounted for in the budgetary-legal basis
21annual report in a manner prescribed by Section 13344. The
22requirements of this section shall apply beginning with the issuance
23of the budgetary-legal basis annual report for the 2013-14 fiscal
24year. The Controller shall confer with the Department of Finance
25to propose and develop methods to facilitate these changes pursuant
26to Section 13344, including methods to ensure that information
27related to encumbrances and deferred payroll continue to be listed
28in the state’s financial statements, as deemed appropriate by the
29Controller.

30The Controller shall also issue a comprehensive annual financial
31report prepared strictly in accordance with “Generally Accepted
32Accounting Principles.”

33The annual reports referenced in this section shall be compiled
34and published by the Controller in the time, form, and manner
35prescribed by him or her.

36

SEC. 85.  

Section 12838.14 of the Government Code is amended
37to read:

38

12838.14.  

(a) Notwithstanding any other provision of law,
39money recovered by the Department of Corrections and
40Rehabilitation from a union paid leave settlement agreement shall
P167  1be credited to the fiscal year in which the recovered money is
2received. An amount not to exceed the amount of the money
3received shall be available for expenditure to the Department of
4Corrections and Rehabilitation for the fiscal year in which the
5recovered money is received, upon approval of the Department of
6Finance. If this statute is enacted on or after July 1, 2012, any
7money received prior to July 1, 2012, for purposes of this section,
8shall be available for expenditure for the 2012-13 fiscal year.

9(b) The Department of Corrections and Rehabilitation shall
10identify and report the total amount collected annually to the
11Department of Finance.

12(c) This section shall become inoperative on June 30, 2021, and,
13as ofbegin delete January 1,end delete January 1, 2022, is repealed, unless a later enacted
14statute, that becomes operative on or before January 1, 2022,
15deletes or extends the dates on which it becomes inoperative and
16is repealed.

17

SEC. 86.  

Section 12926 of the Government Code is amended
18to read:

19

12926.  

As used in this part in connection with unlawful
20practices, unless a different meaning clearly appears from the
21context:

22(a) “Affirmative relief” or “prospective relief” includes the
23authority to order reinstatement of an employee, awards of backpay,
24reimbursement of out-of-pocket expenses, hiring, transfers,
25reassignments, grants of tenure, promotions, cease and desist
26orders, posting of notices, training of personnel, testing, expunging
27of records, reporting of records, and any other similar relief that
28is intended to correct unlawful practices under this part.

29(b) “Age” refers to the chronological age of any individual who
30has reached his or her 40th birthday.

31(c) “Employee” does not include any individual employed by
32his or her parents, spouse, or child, or any individual employed
33under a special license in a nonprofit sheltered workshop or
34rehabilitation facility.

35(d) “Employer” includes any person regularly employing five
36or more persons, or any person acting as an agent of an employer,
37directly or indirectly, the state or any political or civil subdivision
38of the state, and cities, except as follows:

39“Employer” does not include a religious association or
40corporation not organized for private profit.

P168  1(e) “Employment agency” includes any person undertaking for
2compensation to procure employees or opportunities to work.

3(f) “Essential functions” means the fundamental job duties of
4the employment position the individual with a disability holds or
5desires. “Essential functions” does not include the marginal
6functions of the position.

7(1) A job function may be considered essential for any of several
8reasons, including, but not limited to, any one or more of the
9following:

10(A) The function may be essential because the reason the
11position exists is to perform that function.

12(B) The function may be essential because of the limited number
13of employees available among whom the performance of that job
14function can be distributed.

15(C) The function may be highly specialized, so that the
16incumbent in the position is hired for his or her expertise or ability
17to perform the particular function.

18(2) Evidence of whether a particular function is essential
19includes, but is not limited to, the following:

20(A) The employer’s judgment as to which functions are essential.

21(B) Written job descriptions prepared before advertising or
22interviewing applicants for the job.

23(C) The amount of time spent on the job performing the function.

24(D) The consequences of not requiring the incumbent to perform
25the function.

26(E) The terms of a collective bargaining agreement.

27(F) The work experiences of past incumbents in the job.

28(G) The current work experience of incumbents in similar jobs.

29(g) (1) “Genetic information” means, with respect to any
30individual, information about any of the following:

31(A) The individual’s genetic tests.

32(B) The genetic tests of family members of the individual.

33(C) The manifestation of a disease or disorder in family members
34of the individual.

35(2) “Genetic information” includes any request for, or receipt
36of, genetic services, or participation in clinical research that
37includes genetic services, by an individual or any family member
38of the individual.

39(3) “Genetic information” does not include information about
40the sex or age of any individual.

P169  1(h) “Labor organization” includes any organization that exists
2and is constituted for the purpose, in whole or in part, of collective
3bargaining or of dealing with employers concerning grievances,
4terms or conditions of employment, or of other mutual aid or
5protection.

6(i) “Medical condition” means either of the following:

7(1) Any health impairment related to or associated with a
8diagnosis of cancer or a record or history of cancer.

9(2) Genetic characteristics. For purposes of this section, “genetic
10characteristics” means either of the following:

11(A) Any scientifically or medically identifiable gene or
12chromosome, or combination or alteration thereof, that is known
13to be a cause of a disease or disorder in a person or his or her
14offspring, or that is determined to be associated with a statistically
15increased risk of development of a disease or disorder, and that is
16presently not associated with any symptoms of any disease or
17disorder.

18(B) Inherited characteristics that may derive from the individual
19or family member, that are known to be a cause of a disease or
20disorder in a person or his or her offspring, or that are determined
21to be associated with a statistically increased risk of development
22of a disease or disorder, and that are presently not associated with
23any symptoms of any disease or disorder.

24(j) “Mental disability” includes, but is not limited to, all of the
25following:

26(1) Having any mental or psychological disorder or condition,
27such as intellectual disability, organic brain syndrome, emotional
28or mental illness, or specific learning disabilities, that limits a
29major life activity. For purposes of this section:

30(A) “Limits” shall be determined without regard to mitigating
31measures, such as medications, assistive devices, or reasonable
32accommodations, unless the mitigating measure itself limits a
33major life activity.

34(B) A mental or psychological disorder or condition limits a
35major life activity if it makes the achievement of the major life
36activity difficult.

37(C) “Major life activities” shall be broadly construed and shall
38include physical, mental, and social activities and working.

P170  1(2) Any other mental or psychological disorder or condition not
2described in paragraph (1) that requires special education or related
3services.

4(3) Having a record or history of a mental or psychological
5disorder or condition described in paragraph (1) or (2), which is
6known to the employer or other entity covered by this part.

7(4) Being regarded or treated by the employer or other entity
8covered by this part as having, or having had, any mental condition
9that makes achievement of a major life activity difficult.

10(5) Being regarded or treated by the employer or other entity
11covered by this part as having, or having had, a mental or
12psychological disorder or condition that has no present disabling
13effect, but that may become a mental disability as described in
14paragraph (1) or (2).

15“Mental disability” does not include sexual behavior disorders,
16compulsive gambling, kleptomania, pyromania, or psychoactive
17substance use disorders resulting from the current unlawful use of
18controlled substances or other drugs.

19(k) “On the bases enumerated in this part” means or refers to
20discrimination on the basis of one or more of the following: race,
21religious creed, color, national origin, ancestry, physical disability,
22mental disability, medical condition, genetic information, marital
23status, sex, age, or sexual orientation.

24(l) “Physical disability” includes, but is not limited to, all of the
25following:

26(1) Having any physiological disease, disorder, condition,
27cosmetic disfigurement, or anatomical loss that does both of the
28following:

29(A) Affects one or more of the following body systems:
30neurological, immunological, musculoskeletal, special sense
31organs, respiratory, including speech organs, cardiovascular,
32reproductive, digestive, genitourinary, hemic and lymphatic, skin,
33and endocrine.

34(B) Limits a major life activity. For purposes of this section:

35(i) “Limits” shall be determined without regard to mitigating
36measures such as medications, assistive devices, prosthetics, or
37reasonable accommodations, unless the mitigating measure itself
38limits a major life activity.

P171  1(ii) A physiological disease, disorder, condition, cosmetic
2disfigurement, or anatomical loss limits a major life activity if it
3makes the achievement of the major life activity difficult.

4(iii) “Major life activities” shall be broadly construed and
5includes physical, mental, and social activities and working.

6(2) Any other health impairment not described in paragraph (1)
7that requires special education or related services.

8(3) Having a record or history of a disease, disorder, condition,
9cosmetic disfigurement, anatomical loss, or health impairment
10described in paragraph (1) or (2), which is known to the employer
11or other entity covered by this part.

12(4) Being regarded or treated by the employer or other entity
13covered by this part as having, or having had, any physical
14condition that makes achievement of a major life activity difficult.

15(5) Being regarded or treated by the employer or other entity
16covered by this part as having, or having had, a disease, disorder,
17condition, cosmetic disfigurement, anatomical loss, or health
18impairment that has no present disabling effect but may become
19a physical disability as described in paragraph (1) or (2).

20(6) “Physical disability” does not include sexual behavior
21disorders, compulsive gambling, kleptomania, pyromania, or
22psychoactive substance use disorders resulting from the current
23unlawful use of controlled substances or other drugs.

24(m) Notwithstanding subdivisions (j) and (l), if the definition
25of “disability” used in the federal Americans with Disabilities Act
26of 1990 begin delete(P.L.end deletebegin insert (Public Lawend insert 101-336) would result in broader
27protection of the civil rights of individuals with a mental disability
28or physical disability, as defined in subdivision (j) or (l), or would
29include any medical condition not included within those definitions,
30then that broader protection or coverage shall be deemed
31incorporated by reference into, and shall prevail over conflicting
32provisions of, the definitions in subdivisions (j) and (l).

33(n) “Race, religious creed, color, national origin, ancestry,
34physical disability, mental disability, medical condition, genetic
35information, marital status, sex, age, or sexual orientation” includes
36a perception that the person has any of those characteristics or that
37the person is associated with a person who has, or is perceived to
38have, any of those characteristics.

39(o) “Reasonable accommodation” may include either of the
40following:

P172  1(1) Making existing facilities used by employees readily
2accessible to, and usable by, individuals with disabilities.

3(2) Job restructuring, part-time or modified work schedules,
4reassignment to a vacant position, acquisition or modification of
5equipment or devices, adjustment or modifications of examinations,
6training materials or policies, the provision of qualified readers or
7interpreters, and other similar accommodations for individuals
8with disabilities.

9(p) “Religious creed,” “religion,” “religious observance,”
10“religious belief,” and “creed” include all aspects of religious
11belief, observance, and practice, including religious dress and
12grooming practices. “Religious dress practice” shall be construed
13broadly to include the wearing or carrying of religious clothing,
14head or face coverings, jewelry, artifacts, and any other item that
15is part of the observance by an individual of his or her religious
16creed. “Religious grooming practice” shall be construed broadly
17to include all forms of head, facial, and body hair that are part of
18the observance by an individual of his or her religious creed.

19(q) (1) “Sex” includes, but is not limited to, the following:

20(A) Pregnancy or medical conditions related to pregnancy.

21(B) Childbirth or medical conditions related to childbirth.

22(C) Breastfeeding or medical conditions related to breastfeeding.

23(2) “Sex” also includes, but is not limited to, a person’s gender.
24“Gender” means sex, and includes a person’s gender identity and
25gender expression. “Gender expression” means a person’s
26gender-related appearance and behavior whether or not
27stereotypically associated with the person’s assigned sex at birth.

28(r) “Sexual orientation” means heterosexuality, homosexuality,
29and bisexuality.

30(s) “Supervisor” means any individual having the authority, in
31the interest of the employer, to hire, transfer, suspend, layoff, recall,
32promote, discharge, assign, reward, or discipline other employees,
33or the responsibility to direct them, or to adjust their grievances,
34or effectively to recommend that action, if, in connection with the
35foregoing, the exercise of that authority is not of a merely routine
36or clerical nature, but requires the use of independent judgment.

37(t) “Undue hardship” means an action requiring significant
38difficulty or expense, when considered in light of the following
39factors:

40(1) The nature and cost of the accommodation needed.

P173  1(2) The overall financial resources of the facilities involved in
2the provision of the reasonable accommodations, the number of
3persons employed at the facility, and the effect on expenses and
4resources or the impact otherwise of these accommodations upon
5the operation of the facility.

6(3) The overall financial resources of the covered entity, the
7overall size of the business of a covered entity with respect to the
8number of employees, and the number, type, and location of its
9facilities.

10(4) The type of operations, including the composition, structure,
11and functions of the workforce of the entity.

12(5) The geographic separateness, administrative, or fiscal
13relationship of the facility or facilities.

14

SEC. 87.  

Section 14837 of the Government Code is amended
15to read:

16

14837.  

As used in this chapter:

17(a) “Department” means the Department of General Services.

18(b) “Director” means the Director of General Services.

19(c) “Manufacturer” means a business that meets both of the
20following requirements:

21(1) It is primarily engaged in the chemical or mechanical
22transformation of raw materials or processed substances into new
23products.

24(2) It is classified between Codes 31 to 33, inclusive, of the
25North American Industry Classification System.

26(d) (1) “Small business” means an independently owned and
27operated business that is not dominant in its field of operation, the
28principal office of which is located in California, the officers of
29which are domiciled in California, and which, together with
30affiliates, has 100 or fewer employees, and average annual gross
31receipts of ten million dollars ($10,000,000) or less over the
32previous three years, or is a manufacturer, as defined in subdivision
33(c), with 100 or fewer employees.

34(2) “Microbusiness” is a small business which, together with
35affiliates, has average annual gross receipts of two million five
36hundred thousand dollars ($2,500,000) or less over the previous
37three years, or is a manufacturer, as defined in subdivision (c),
38with 25 or fewer employees.

39(3) The director shall conduct a biennial review of the average
40annual gross receipt levels specified in this subdivision and may
P174  1adjust that level to reflect changes in the California Consumer
2Price Index for all items. To reflect unique variations or
3characteristics of different industries, the director may establish,
4to the extent necessary, either higher or lower qualifying standards
5than those specified in this subdivision, or alternative standards
6based on other applicable criteria.

7(4) Standards applied under this subdivision shall be established
8by regulation, in accordance with Chapter 3.5 (commencing with
9Section 11340) of Part 1 of Division 3 of Title 2, and shall preclude
10the qualification of businesses that are dominant in their industry.
11In addition, the standards shall provide that the certified small
12business or microbusiness shall provide goods or services that
13contribute to the fulfillment of the contract requirements by
14performing a commercially useful function, as defined below:

15(A) A certified small business or microbusiness is deemed to
16perform a commercially useful function if the business does all of
17the following:

18(i) Is responsible for the execution of a distinct element of the
19work of the contract.

20(ii) Carries out its obligation by actually performing, managing,
21or supervising the work involved.

22(iii) Performs work that is normal for its business services and
23functions.

24(iv) Is responsible, with respect to products, inventories,
25materials, and supplies required for the contract, for negotiating
26price, determining quality and quantity, ordering, installing, if
27applicable, and making payment.

28(v) Is not further subcontracting a portion of the work that is
29greater than that expected to be subcontracted by normal industry
30practices.

31(B) A contractor, subcontractor, or supplier will not be
32considered to perform a commercially useful function if the
33contractor’s, subcontractor’s, or supplier’s role is limited to that
34of an extra participant in a transaction, contract, or project through
35which funds are passed in order to obtain the appearance of small
36business or microbusiness participation.

37(e) “Disabled veteran business enterprise” means an enterprise
38that has been certified as meeting the qualifications established by
39begin delete subdivision (g)end deletebegin insert paragraph (7) of subdivision (b)end insert of Section 999 of
40the Military and Veterans Code.

P175  1

SEC. 88.  

The heading of Chapter 3 (commencing with Section
215570) of Part 8.5 of Division 3 of Title 2 of the Government Code
3 is repealed.

begin delete

4 

5Chapter  3. 6California Economic Development Strategic Plan
7

 

end delete
8

SEC. 89.  

Section 15606.5 of the Government Code, as added
9by Chapter 1167 of the Statutes of 1967, is amended and
10renumbered to read:

11

begin delete15606.5.end delete
12begin insert15606.7end insert  

Training of assessors and their staffs under Sections
1315606 and 15608 shall be provided by the board on a
14nonreimbursable basis.

15

SEC. 90.  

Section 15814.25 of the Government Code, as added
16by Section 1 of Chapter 234 of the Statutes of 1997, is amended
17and renumbered to read:

18

begin delete15814.25.end delete
19begin insert15814.29end insert  

Notwithstanding subdivision (f) of Section 15814.11,
20for the purposes of this chapter “state agency” also shall include
21any local government as defined in subdivision (b) of Section
225921.

23

SEC. 91.  

Section 15819.30 of the Government Code, as added
24by Section 8 of Chapter 585 of the Statutes of 1993, is amended
25and renumbered to read:

26

begin delete15819.30.end delete
27begin insert15819.17end insert  

(a) The necessary funding for the construction of
28the Secure Substance Abuse Treatment Facility authorized by
29Section 5 ofbegin delete the act enacting this sectionend deletebegin insert Chapter 585 of the
30Statutes of 1993end insert
may be obtained through lease-purchase financing
31arrangements. Sections 15819.1 to 15819.13, inclusive, and Section
3215819.15 shall apply for this purpose provided that the following
33apply:

34(1) “Prison facility” as used in Section 15819.1 includes the
35Secure Substance Abuse Treatment Facility.

36(2) Notwithstanding the limitation imposed by Section 15819.3
37regarding the amount of bonds to be issued for construction,
38acquisition, and financing of prison facilities, the State Public
39Works Board may issue additional bonds in order to pay the costs
P176  1of acquiring and constructing or refinancing the Secure Substance
2Abuse Treatment Facility.

3(b) Notwithstanding Section 13340, funds derived from the
4lease-purchase financing methods for the Secure Substance Abuse
5Treatment Facility deposited in the State Treasury, are hereby
6continuously appropriated to the State Public Works Board on
7behalf of the Department of Correctionsbegin insert and Rehabilitationend insert for
8the purpose of acquiring and constructing or refinancing the prison
9facility so financed.

10The sum of ninety-three million five hundred thousand dollars
11($93,500,000) shall be available for capital outlay for the Secure
12Substance Abuse Treatment Facility from funds derived from
13lease-purchase financing methods.

14Funds so appropriated shall be available as necessary for the
15purposes of site acquisition, site studies and suitability reports,
16environmental studies, master planning, architectural programming,
17schematics, preliminary plans, working drawings, construction,
18long lead and equipment items. A maximum of two million dollars
19($2,000,000) of the funds may be available for mitigation costs of
20local government and school districts.

21(c) The State Public Works Board may authorize the
22augmentation of the cost of construction of the project set forth in
23this section pursuant to the board’s authority under Section
2413332.11. In addition, the State Public Works Board may authorize
25any additional amounts necessary to establish a reasonable
26construction reserve and to pay the costs of financing, including
27the payment of interest during acquisition or construction of the
28project, the cost of financing a debt service reserve fund, and the
29cost of issuance of permanent financing for the project. This
30additional amount may include interest payable on any interim
31loan for the facility from the General Fund or the Pooled Money
32Investment Account pursuant to Section 16312.

33

SEC. 92.  

Section 15820.922 of the Government Code is
34amended to read:

35

15820.922.  

(a) The board may issue up to five hundred million
36dollars ($500,000,000) in revenue bonds, notes, or bond
37anticipation notes, pursuant to Chapter 5 (commencing with Section
3815830) to finance the acquisition, design, and construction,
39including, without limitation, renovation, and a reasonable
40construction reserve, of approved adult local criminal justice
P177  1facilities described in Sectionbegin delete 15820.920end deletebegin insert 15820.92end insert, and any
2additional amount authorized under Section 15849.6 to pay for the
3cost of financing.

4(b) Proceeds from the revenue bonds, notes, or bond anticipation
5notes may be used to reimburse a participating county for the costs
6of acquisition, design, and construction, including, without
7limitation, renovation, for approved adult local criminal justice
8facilities.

9(c) Notwithstanding Section 13340, funds derived pursuant to
10this section and Section 15820.921 are continuously appropriated
11for purposes of this chapter.

12

SEC. 93.  

Section 19815 of the Government Code is amended
13to read:

14

19815.  

As used in this part:

15(a) “Department” means the Department ofbegin delete Personnel
16Administrationend delete
begin insert Human Resourcesend insert.

17(b) “Director” means the Director of the Department of
18begin delete Personnelend deletebegin deleteAdministrationend deletebegin insert Human Resourcesend insert.

19(c) “Division” means the Division of Labor Relations.

20(d) “Employee” or “state employee,” except where otherwise
21indicated, means employees subject to the Ralph C. Dills Act
22(Chapter 10.3 (commencing with Section 3512), Division 4, Title
231), supervisory employees as defined in subdivision (g) of Section
243513, managerial employees as defined in subdivision (e) of
25Section 3513, confidential employees as defined in subdivision
26(f) of Section 3513, employees of the Legislative Counsel Bureau,
27employees of the Bureau of State Audits, employees of the office
28of the Inspector General, employees of the Public Employment
29Relations Board, conciliators employed by the California State
30Mediation and Conciliation Service, employees of the Department
31ofbegin delete Personnel Administrationend deletebegin insert Human Resourcesend insert, professional
32employees of the Department of Finance engaged in technical or
33analytical state budget preparation other than audit staff,
34intermittent athletic inspectors who are employees of the State
35Athletic Commission, professional employees in the
36Personnel/Payroll Services Division of the Controller’s office and
37all employees of the executive branch of government who are not
38elected to office.

39

SEC. 94.  

Section 20391 of the Government Code is amended
40to read:

P178  1

20391.  

“State peace officer/firefighter member” means:

2(a) All persons in the Board ofbegin delete Prison Termsend deletebegin insert Parole Hearingsend insert,
3the Department of Consumer Affairs, the Department of
4Developmental Services, the Department of Healthbegin insert Careend insert Services,
5the Department of Toxic Substances Control, thebegin insert Californiaend insert Horse
6Racing Board, the Department of Industrial Relations, the
7Department of Insurance, the State Department of State Hospitals,
8the Department of Motor Vehicles, the Department of Social
9Services employed with the class title of Special Investigator (Class
10Code 8553), Senior Special Investigator (Class Code 8550), and
11Investigator Assistant (Class Code 8554) who have been designated
12as peace officers as defined in Sections 830.2 and 830.3 of the
13Penal Code.

14(b) All persons in the Department of Alcoholic Beverage Control
15employed with the class title Investigator Trainee, Alcoholic
16Beverage Control (Class Code 7553), Investigator I, Alcoholic
17Beverage Control, Range A and B (Class Code 7554), and
18Investigator II, Alcoholic Beverage Control (Class Code 7555)
19who have been designated as peace officers as defined in Sections
20830.2 and 830.3 of the Penal Code.

21(c) All persons within the Department of Justice who are state
22employees as defined in subdivision (c) of Section 3513 and who
23have been designated as peace officers and performing investigative
24duties.

25(d) All persons in the Department of Parks and Recreation
26employed with the class title of Park Ranger (Intermittent) (Class
27Code 0984) who have been designated as peace officers as defined
28in Sections 830.2 and 830.3 of the Penal Code.

29(e) All persons in the Franchise Tax Board who have been
30designated as peace officers in subdivision (s) of Section 830.3 of
31the Penal Code.

32(f) A member who is employed in a position that is reclassified
33to state peace officer/firefighter pursuant to this section may make
34an irrevocable election in writing to remain subject to the service
35retirement benefit and the normal rate of contribution applicable
36prior to reclassification by filing a notice of election with the board
37within 90 days of notification by the board. A member who so
38elects shall be subject to the reduced benefit factors specified in
39Section 21353 or 21354.1, as applicable, only for service included
40in the federal system.

P179  1

SEC. 95.  

Section 20410 of the Government Code is amended
2to read:

3

20410.  

“State safety member” also includes all persons in the
4Department of Alcoholic Beverage Control, the Board ofbegin delete Prison
5Termsend delete
begin insert Parole Hearingsend insert, the Department of Consumer Affairs, the
6Department of Developmental Services, the Department of Health
7begin insert Careend insert Services, the Department of Toxic Substances Control, the
8begin insert Californiaend insert Horse Racing Board, the Department of Industrial
9Relations, the Department of Insurance, the State Department of
10State Hospitals, the Department of Motor Vehicles, and the
11Department of Social Services employed with the class title of
12Special Investigator (Class Code 8553), Senior Special Investigator
13(Class Code 8550), Investigator Trainee (Class Code 8555) and
14Investigator Assistant (Class Code 8554), Supervising Special
15Investigator I (Class Code 8548), Special Investigator II (Class
16Code 8547), and persons in the class of State Park Ranger
17(Intermittent) (Class Code 0984) in the Department of Parks and
18Recreation, who have been designated as peace officers as defined
19in Sections 830.2 and 830.3 of the Penal Code.

20

SEC. 96.  

Section 20516 of the Government Code is amended
21to read:

22

20516.  

(a) Notwithstanding any other provision of this part,
23with or without a change in benefitsbegin insert,end insert a contracting agency and its
24employees may agree, in writing, to share the costs of the employer
25contribution. The cost sharing pursuant to this section shall also
26apply for related nonrepresented employees as approved in a
27resolution passed by the contracting agency.

28(b) The collective bargaining agreement shall specify the exact
29percentage of member compensation that shall be paid toward the
30current service cost of the benefits by members. The member
31contributions shall be contributions over and above normal
32contributions otherwise required by this part and shall be treated
33as normal contributions for all purposes of this part. The
34contributions shall be uniform, except as described in subdivision
35(c), with respect to all members within each of the following
36classifications: local miscellaneous members, local police officers,
37local firefighters, county peace officers, and all local safety
38members other than local police officers, local firefighters, and
39county peace officers. The balance of any costs shall be paid by
40the contracting agency and shall be credited to the employer’s
P180  1account. An employer shall not use impasse procedures to impose
2member cost sharing on any contribution amount above that which
3is authorized by law.

4(c) Member cost sharing may differ by classification for groups
5of employees subject to different levels of benefits pursuant to
6Sections 7522.20, 7522.25, and 20475, or by a recognized
7collective bargaining unit if agreed to in a memorandum of
8understanding reached pursuant to the applicable collective
9bargaining laws.

10(d) This section shall not apply to any contracting agency nor
11to the employees of a contracting agency until the agency elects
12to be subject to this section by contract or by amendment to its
13contract made in the manner prescribed for approval of contracts.
14Contributions provided by this section shall be withheld from
15member compensation or otherwise collected when the contract
16amendment becomes effective.

17(e) For the purposes of this section, all contributions, liabilities,
18actuarial interest rates, and other valuation factors shall be
19determined on the basis of actuarial assumptions and methods that,
20in the aggregate, are reasonable andbegin delete whichend deletebegin insert thatend insert, in combination,
21offer the actuary’s best estimate of anticipated experience under
22this system.

23(f) Nothing in this section shall preclude a contracting agency
24and its employees from independently agreeing in a memorandum
25of understanding to share the costs of any benefit, in a manner
26inconsistent with this section. However, any agreement in a
27memorandum of understanding that is inconsistent with this section
28shall not be part of the contract between this system and the
29contracting agency.

30(g) If, and to the extent that, the board determines that a
31cost-sharing agreement under this section would conflict with Title
3226 of the United States Code, the board may refuse to approve the
33agreement.

34(h) Nothing in this section shall require a contracting agency to
35 enter into a memorandum of understanding or collective bargaining
36 agreement with a bargaining representative in order to increase
37the amount of member contributions when such a member
38contribution increase is authorized by other provisions under this
39part.

P181  1

SEC. 97.  

Section 20677.7 of the Government Code is amended
2to read:

3

20677.7.  

(a) Notwithstanding Section 20677.4, effective with
4the beginning of the September 2010 pay period, the normal rate
5of contribution for state miscellaneous or state industrial members
6who are represented by State Bargaining Unit 8, shall be:

7(1) Eleven percent of the compensation in excess of three
8hundred seventeen dollars ($317) per month paid to a member
9whose service is not included in the federal system.

10(2) Ten percent of compensation in excess of five hundred
11thirteen dollars ($513) per month paid tobegin delete thatend deletebegin insert aend insert member whose
12service has been included in the federal system.

13(b) Notwithstanding Section 20677.4, effective with the
14beginning of the September 2010 pay period, the normal rate of
15contribution for state miscellaneous or state industrial members
16who are represented by State Bargaining Unit 5 shall be:

17(1) Eight percent of the compensation in excess of three hundred
18seventeen dollars ($317) per month paid to a member whose service
19is not included in the federal system.

20(2) Seven percent of compensation in excess of five hundred
21thirteen dollars ($513) per month paid tobegin delete thatend deletebegin insert aend insert member whose
22service has been included in the federal system.

23(c) If the provisions of this section are in conflict with the
24provisions of a memorandum of understanding reached pursuant
25to Section 3517.5, the memorandum of understanding shall be
26controlling without further legislative action, except that if the
27provisions of a memorandum of understanding require the
28expenditure of funds, the provisions shall not become effective
29unless and until approved by the Legislature in the annual Budget
30Act.

31(d) Consistent with the normal rate of contribution for all
32members identified in this subdivision, the Director of the
33Department of Personnel Administration may exercise his or her
34discretion to establish the normal rate of contribution for a related
35state employee who is excepted from the definition of “state
36employee” in subdivision (c) of Section 3513, and an officer or
37employee of the executive branch of state government who is not
38a member of the civil service.

39

SEC. 98.  

Section 25060 of the Government Code is amended
40to read:

P182  1

25060.  

Whenever a vacancy occurs inbegin delete anyend deletebegin insert aend insert board of
2supervisors, the Governor shall fill the vacancy. The appointee
3shall hold office until the election and qualification of hisbegin insert or herend insert
4 successor.

5

SEC. 99.  

Section 25062 of the Government Code is amended
6to read:

7

25062.  

When a vacancy occurs from the failure of the person
8elected to file hisbegin insert or herend insert oath or bond as provided by law, and the
9person elected is appointed to fill the vacancy, hebegin insert or sheend insert shall hold
10office for the unexpired term.

11

SEC. 100.  

Section 65040.7 of the Government Code is amended
12to read:

13

65040.7.  

(a) For purposes of this section, the following terms
14have the following meanings:

15(1) “Energy security and military mission goals” means federal
16laws, regulations, or executive orders, related to alternative fuel
17and vehicle technology, clean energy, energy efficiency, water
18and waste conservation, greenhouse gas emissions reductions, and
19related infrastructure, including, but not limited to, the federal
20laws, regulations, and executive orders, and the goals set forth
21therein, of the National Energy Conservation Policy Act (42 U.S.C.
22Sec. 8201 et seq.), the Energy Independence and Security Act of
232007 (42 U.S.C. Sec. 17001 et seq.), the Energy Policy Act of
242005 (42 U.S.C. Sec. 15801 et seq.), and the Energy Policy Act
25of 1992 (42 U.S.C. Sec. 13201 et seq.), and the goals set forth in
26Executive Order No. 13514, Executive Order No. 13423, and
27Executive Order No. 13221.

28(2) “State energy and environmental policies” includes, but is
29not limited to, policies involving alternative fuels and vehicle
30technology and related fueling infrastructure, renewable electricity
31generation and related transmission infrastructure, energy efficiency
32and demand response, waste management, recycling, water
33conservation, water quality, water supply, greenhouse gas
34emissions reductions, and green chemistry.

35(b) A state agency that is identified by the Office of Planning
36begin insert andend insert Research pursuant to paragraph (1) of subdivision (c) shall,
37when developing and implementing state energy and environmental
38policies, consider the direct impacts of those policies upon the
39United States Department of Defense’s energy security and military
40mission goals.

P183  1(c) The Office of Planning and Research shall do both of the
2following:

3(1) Identify state agencies that develop and implement state
4energy and environmental policies that directly impact the United
5States Department of Defense’s energy security and military
6mission goals in the state.

7(2) Serve as a liaison to coordinate effective inclusion of the
8United States Department of Defense in the development and
9implementation of state energy and environmental policy.

10(d) This section shall not do any of the following:

11(1) Interfere with the existing authority of, or prevent, an agency
12or department from carrying out of its programs, projects, or
13responsibilities.

14(2) Limit compliance with requirements imposed under any
15other law.

16(3) Authorize or require the United States Department of
17Defense to operate differently from any other self-generating
18ratepayer, or alter an existing rate structure.

19

SEC. 101.  

Section 65302.5 of the Government Code is amended
20to read:

21

65302.5.  

(a) At least 45 days prior to adoption or amendment
22of the safety element, each county and city shall submit to the
23California Geological Survey of the Department of Conservation
24one copy of a draft of the safety element or amendment and any
25technical studies used for developing the safety element. The
26division may review drafts submitted to it to determine whether
27they incorporate known seismic and other geologic hazard
28information, and report its findings to the planning agency within
2930 days of receipt of the draft of the safety element or amendment
30pursuant to this subdivision. The legislative body shall consider
31the division’s findings prior to final adoption of the safety element
32or amendment unless the division’s findings are not available
33within the above prescribed time limits or unless the division has
34indicated to the city or county that the division will not review the
35safety element. If the division’s findings are not available within
36those prescribed time limits, the legislative body may take the
37division’s findings into consideration at the time it considers future
38amendments to the safety element. Each county and city shall
39provide the division with a copy of its adopted safety element or
40amendments. The division may review adopted safety elements
P184  1or amendments and report its findings. All findings made by the
2division shall be advisory to the planning agency and legislative
3body.

4(b) (1) The draft element of or draft amendment to the safety
5element of a county or a city’s general plan shall be submitted to
6the State Board of Forestry and Fire Protection and to every local
7agency that provides fire protection to territory in the city or county
8at least 90 days prior to either of the following:

9(A) The adoption or amendment to the safety element of its
10general plan for each county that contains state responsibility areas.

11(B) The adoption or amendment to the safety element of its
12general plan for each city or county that contains a very high fire
13hazard severity zone as defined pursuant to subdivisionbegin delete (b)end deletebegin insert (i)end insert of
14Section 51177.

15(2) A county that contains state responsibility areas and a city
16or county that contains a very high fire hazard severity zone as
17defined pursuant to subdivisionbegin delete (b)end deletebegin insert (i)end insert of Section 51177 shall
18submit for review the safety element of its general plan to the State
19Board of Forestry and Fire Protection and every local agency that
20provides fire protection to territory in the city or county in
21accordance with the following dates, as specified, unless the local
22government submitted the element within five years prior to that
23date:

24(A) Local governments within the regional jurisdiction of the
25San Diego Association of Governments: December 31, 2010.

26(B) Local governments within the regional jurisdiction of the
27Southern California Association of Governments: December 31,
282011.

29(C) Local governments within the regional jurisdiction of the
30Association of Bay Area Governments: December 31, 2012.

31(D) Local governments within the regional jurisdiction of the
32Council of Fresno County Governments, the Kern County Council
33of Governments, and the Sacramento Area Council of
34Governments: June 30, 2013.

35(E) Local governments within the regional jurisdiction of the
36Association of Monterey Bay Area Governments: December 31,
372014.

38(F) All other local governments: December 31, 2015.

39(3) The State Board of Forestry and Fire Protection shall, and
40a local agency may, review the draft or an existing safety element
P185  1and recommend changes to the planning agency within 60 days
2of its receipt regarding both of the following:

3(A) Uses of land and policies in state responsibility areas and
4very high fire hazard severity zones that will protect life, property,
5and natural resources from unreasonable risks associated with
6wildland fires.

7(B) Methods and strategies for wildland fire risk reduction and
8prevention within state responsibility areas and very high fire
9hazard severity zones.

10(4) Prior to the adoption of its draft element or draft amendment,
11the board of supervisors of the county or the city council of a city
12shall consider the recommendations, if any, made by the State
13Board of Forestry and Fire Protection and any local agency that
14provides fire protection to territory in the city or county. If the
15board of supervisors or city council determines not to accept all
16or some of the recommendations, if any, made by the State Board
17of Forestry and Fire Protection or local agency, the board of
18supervisors or city council shall communicate in writing to the
19State Board of Forestry and Fire Protection or the local agency,
20its reasons for not accepting the recommendations.

21(5) If the State Board of Forestry and Fire Protection’s or local
22agency’s recommendations are not available within the time limits
23required by this section, the board of supervisors or city council
24may act without those recommendations. The board of supervisors
25or city council shall take the recommendations into consideration
26the next time it considers amendments to the safety element.

27

SEC. 102.  

Section 65915 of the Government Code, as amended
28by Section 53 of Chapter 181 of the Statutes of 2012, is amended
29to read:

30

65915.  

(a) When an applicant seeks a density bonus for a
31housing development within, or for the donation of land for housing
32within, the jurisdiction of a city, county, or city and county, that
33local government shall provide the applicant with incentives or
34concessions for the production of housing units and child care
35facilities as prescribed in this section. All cities, counties, or cities
36and counties shall adopt an ordinance that specifies how
37compliance with this section will be implemented. Failure to adopt
38an ordinance shall not relieve a city, county, or city and county
39from complying with this section.

P186  1(b) (1) A city, county, or city and county shall grant one density
2bonus, the amount of which shall be as specified in subdivision
3(f), and incentives or concessions, as described in subdivision (d),
4when an applicant for a housing development seeks and agrees to
5construct a housing development, excluding any units permitted
6by the density bonus awarded pursuant to this section, that will
7contain at least any one of the following:

8(A) Ten percent of the total units of a housing development for
9lower income households, as defined in Section 50079.5 of the
10Health and Safety Code.

11(B) Five percent of the total units of a housing development for
12very low income households, as defined in Section 50105 of the
13Health and Safety Code.

14(C) A senior citizen housing development, as defined in Sections
1551.3 and 51.12 of the Civil Code, or mobilehome park that limits
16residency based on age requirements for housing for older persons
17pursuant to Section 798.76 or 799.5 of the Civil Code.

18(D) Ten percent of the total dwelling units in a common interest
19development as defined in Section 4100 of the Civil Code for
20persons and families of moderate income, as defined in Section
2150093 of the Health and Safety Code, provided that all units in the
22development are offered to the public for purchase.

23(2) For purposes of calculating the amount of the density bonus
24pursuant to subdivision (f), the applicant who requests a density
25bonus pursuant to this subdivision shall elect whether the bonus
26shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
27of paragraph (1).

28(3) For the purposes of this section, “total units” or “total
29dwelling units” does not include units added by a density bonus
30awarded pursuant to this section or any local law granting a greater
31density bonus.

32(c) (1) An applicant shall agree to, and the city, county, or city
33and county shall ensure, continued affordability of all low- and
34very low income units that qualified the applicant for the award
35of the density bonus for 30 years or a longer period of time if
36required by the construction or mortgage financing assistance
37program, mortgage insurance program, or rental subsidy program.
38Rents for the lower income density bonus units shall be set at an
39affordable rent as defined in Section 50053 of the Health and Safety
40Code. Owner-occupied units shall be available at an affordable
P187  1housing cost as defined in Section 50052.5 of the Health and Safety
2Code.

3(2) An applicant shall agree to, and the city, county, or city and
4county shall ensure that, the initial occupant of the
5moderate-income units that are directly related to the receipt of
6the density bonus in the common interest development, as defined
7in Section 4100 of the Civil Code, are persons and families of
8moderate income, as defined in Section 50093 of the Health and
9Safety Code, and that the units are offered at an affordable housing
10cost, as that cost is defined in Section 50052.5 of the Health and
11Safety Code. The local government shall enforce an equity sharing
12agreement, unless it is in conflict with the requirements of another
13public funding source or law. The following apply to the equity
14sharing agreement:

15(A) Upon resale, the seller of the unit shall retain the value of
16any improvements, the downpayment, and the seller’s proportionate
17share of appreciation. The local government shall recapture any
18initial subsidy, as defined in subparagraph (B), and its proportionate
19share of appreciation, as defined in subparagraph (C), which
20amount shall be used within five years for any of the purposes
21described in subdivision (e) of Section 33334.2 of the Health and
22Safety Code that promote home ownership.

23(B) For purposes of this subdivision, the local government’s
24initial subsidy shall be equal to the fair market value of the home
25at the time of initial sale minus the initial sale price to the
26moderate-income household, plus the amount of any downpayment
27assistance or mortgage assistance. If upon resale the market value
28is lower than the initial market value, then the value at the time of
29the resale shall be used as the initial market value.

30(C) For purposes of this subdivision, the local government’s
31proportionate share of appreciation shall be equal to the ratio of
32the local government’s initial subsidy to the fair market value of
33the home at the time of initial sale.

34(d) (1) An applicant for a density bonus pursuant to subdivision
35(b) may submit to a city, county, or city and county a proposal for
36the specific incentives or concessions that the applicant requests
37pursuant to this section, and may request a meeting with the city,
38county, or city and county. The city, county, or city and county
39shall grant the concession or incentive requested by the applicant
P188  1unless the city, county, or city and county makes a written finding,
2based upon substantial evidence, of any of the following:

3(A) The concession or incentive is not required in order to
4provide for affordable housing costs, as defined in Section 50052.5
5of the Health and Safety Code, or for rents for the targeted units
6to be set as specified in subdivision (c).

7(B) The concession or incentive would have a specific adverse
8impact, as defined in paragraph (2) of subdivision (d) of Section
965589.5, upon public health and safety or the physical environment
10or on any real property that is listed in the California Register of
11Historical Resources and for which there is no feasible method to
12satisfactorily mitigate or avoid the specific adverse impact without
13rendering the development unaffordable to low- and
14moderate-income households.

15(C) The concession or incentive would be contrary to state or
16federal law.

17(2) The applicant shall receive the following number of
18incentives or concessions:

19(A) One incentive or concession for projects that include at least
2010 percent of the total units for lower income households, at least
215 percent for very low income households, or at least 10 percent
22for persons and families of moderate income in a common interest
23development.

24(B) Two incentives or concessions for projects that include at
25least 20 percent of the total units for lower income households, at
26least 10 percent for very low income households, or at least 20
27percent for persons and families of moderate income in a common
28interest development.

29(C) Three incentives or concessions for projects that include at
30least 30 percent of the total units for lower income households, at
31least 15 percent for very low income households, or at least 30
32percent for persons and families of moderate income in a common
33interest development.

34(3) The applicant may initiate judicial proceedings if the city,
35county, or city and county refuses to grant a requested density
36bonus, incentive, or concession. If a court finds that the refusal to
37grant a requested density bonus, incentive, or concession is in
38violation of this section, the court shall award the plaintiff
39reasonable attorney’s fees and costs of suit. Nothing in this
40subdivision shall be interpreted to require a local government to
P189  1grant an incentive or concession that has a specific, adverse impact,
2as defined in paragraph (2) of subdivision (d) of Section 65589.5,
3upon health, safety, or the physical environment, and for which
4there is no feasible method to satisfactorily mitigate or avoid the
5specific adverse impact. Nothing in this subdivision shall be
6interpreted to require a local government to grant an incentive or
7concession that would have an adverse impact on any real property
8that is listed in the California Register of Historical Resources.
9The city, county, or city and county shall establish procedures for
10carrying out this section, that shall include legislative body
11approval of the means of compliance with this section.

12(e) (1) In no case may a city, county, or city and county apply
13any development standard that will have the effect of physically
14 precluding the construction of a development meeting the criteria
15of subdivision (b) at the densities or with the concessions or
16incentives permitted by this section. An applicant may submit to
17a city, county, or city and county a proposal for the waiver or
18reduction of development standards that will have the effect of
19physically precluding the construction of a development meeting
20the criteria of subdivision (b) at the densities or with the
21concessions or incentives permitted under this section, and may
22request a meeting with the city, county, or city and county. If a
23court finds that the refusal to grant a waiver or reduction of
24development standards is in violation of this section, the court
25shall award the plaintiff reasonable attorney’s fees and costs of
26suit. Nothing in this subdivision shall be interpreted to require a
27local government to waive or reduce development standards if the
28waiver or reduction would have a specific, adverse impact, as
29defined in paragraph (2) of subdivision (d) of Section 65589.5,
30upon health, safety, or the physical environment, and for which
31there is no feasible method to satisfactorily mitigate or avoid the
32specific adverse impact. Nothing in this subdivision shall be
33interpreted to require a local government to waive or reduce
34development standards that would have an adverse impact on any
35real property that is listed in the California Register of Historical
36Resources, or to grant any waiver or reduction that would be
37contrary to state or federal law.

38(2) A proposal for the waiver or reduction of development
39standards pursuant to this subdivision shall neither reduce nor
P190  1increase the number of incentives or concessions to which the
2applicant is entitled pursuant to subdivision (d).

3(f) For the purposes of this chapter, “density bonus” means a
4density increase over the otherwise maximum allowable residential
5density as of the date of application by the applicant to the city,
6county, or city and county. The applicant may elect to accept a
7lesser percentage of density bonus. The amount of density bonus
8to which the applicant is entitled shall vary according to the amount
9by which the percentage of affordable housing units exceeds the
10percentage established in subdivision (b).

11(1) For housing developments meeting the criteria of
12subparagraph (A) of paragraph (1) of subdivision (b), the density
13bonus shall be calculated as follows:


14

 

Percentage Low-Income UnitsPercentage Density Bonus
1020 
1121.5
1223 
1324.5
1426 
1527.5
1730.5
1832 
1933.5
2035 
P190 2630P190 397P190 4012P190 35

 

27(2) For housing developments meeting the criteria of
28subparagraph (B) of paragraph (1) of subdivision (b), the density
29bonus shall be calculated as follows:

 

Percentage Very Low Income UnitsPercentage Density Bonus
520 
622.5
725 
827.5
930 
1032.5
1135 
P190 397P190 4012P190 35

 

P191  1(3) For housing developments meeting the criteria of
2subparagraph (C) of paragraph (1) of subdivision (b), the density
3bonus shall be 20 percent of the number of senior housing units.

4(4) For housing developments meeting the criteria of
5subparagraph (D) of paragraph (1) of subdivision (b), the density
6bonus shall be calculated as follows:

 

Percentage Moderate-Income UnitsPercentage Density Bonus
105
116
127
138
149
1510
1611
1712
1813
1914
2015
2116
2217
2318
2419
2520
2621
2722
2823
2924
3025
3126
3227
3328
3429
3530
3631
3732
3833
3934
4035
P190 4012P190 35

 

P192  1(5) All density calculations resulting in fractional units shall be
2rounded up to the next whole number. The granting of a density
3bonus shall not be interpreted, in and of itself, to require a general
4plan amendment, local coastal plan amendment, zoning change,
5or other discretionary approval.

6(g) (1) When an applicant for a tentative subdivision map,
7parcel map, or other residential development approval donates
8land to a city, county, or city and county in accordance with this
9subdivision, the applicant shall be entitled to a 15-percent increase
10above the otherwise maximum allowable residential density for
11the entire development, as follows:

 

Percentage Very Low IncomePercentage Density Bonus
1015
1116
1217
1318
1419
1520
1621
1722
1823
1924
2025
2126
2227
2328
2429
2530
2631
2732
2833
2934
3035
P190 35

 

36(2) This increase shall be in addition to any increase in density
37mandated by subdivision (b), up to a maximum combined mandated
38density increase of 35 percent if an applicant seeks an increase
39pursuant to both this subdivision and subdivision (b). All density
40calculations resulting in fractional units shall be rounded up to the
P193  1next whole number. Nothing in this subdivision shall be construed
2to enlarge or diminish the authority of a city, county, or city and
3county to require a developer to donate land as a condition of
4development. An applicant shall be eligible for the increased
5density bonus described in this subdivision if all of the following
6conditions are met:

7(A) The applicant donates and transfers the land no later than
8the date of approval of the final subdivision map, parcel map, or
9residential development application.

10(B) The developable acreage and zoning classification of the
11land being transferred are sufficient to permit construction of units
12affordable to very low income households in an amount not less
13than 10 percent of the number of residential units of the proposed
14development.

15(C) The transferred land is at least one acre in size or of
16sufficient size to permit development of at least 40 units, has the
17appropriate general plan designation, is appropriately zoned with
18appropriate development standards for development at the density
19described in paragraph (3) of subdivision (c) of Section 65583.2,
20and is or will be served by adequate public facilities and
21infrastructure.

22(D) The transferred land shall have all of the permits and
23approvals, other than building permits, necessary for the
24development of the very low income housing units on the
25transferred land, not later than the date of approval of the final
26subdivision map, parcel map, or residential development
27application, except that the local government may subject the
28proposed development to subsequent design review to the extent
29authorized by subdivision (i) of Section 65583.2 if the design is
30not reviewed by the local government prior to the time of transfer.

31(E) The transferred land and the affordable units shall be subject
32to a deed restriction ensuring continued affordability of the units
33consistent with paragraphs (1) and (2) of subdivision (c), which
34shall be recorded on the property at the time of the transfer.

35(F) The land is transferred to the local agency or to a housing
36developer approved by the local agency. The local agency may
37require the applicant to identify and transfer the land to the
38developer.

P194  1(G) The transferred land shall be within the boundary of the
2proposed development or, if the local agency agrees, within
3one-quarter mile of the boundary of the proposed development.

4(H) A proposed source of funding for the very low income units
5shall be identified not later than the date of approval of the final
6subdivision map, parcel map, or residential development
7application.

8(h) (1) When an applicant proposes to construct a housing
9development that conforms to the requirements of subdivision (b)
10and includes a child care facility that will be located on the
11premises of, as part of, or adjacent to, the project, the city, county,
12or city and county shall grant either of the following:

13(A) An additional density bonus that is an amount of square
14feet of residential space that is equal to or greater than the amount
15of square feet in the child care facility.

16(B) An additional concession or incentive that contributes
17significantly to the economic feasibility of the construction of the
18child care facility.

19(2) The city, county, or city and county shall require, as a
20condition of approving the housing development, that the following
21occur:

22(A) The child care facility shall remain in operation for a period
23of time that is as long as or longer than the period of time during
24which the density bonus units are required to remain affordable
25pursuant to subdivision (c).

26(B) Of the children who attend the child care facility, the
27children of very low income households, lower income households,
28or families of moderate income shall equal a percentage that is
29 equal to or greater than the percentage of dwelling units that are
30required for very low income households, lower income
31households, or families of moderate income pursuant to subdivision
32(b).

33(3) Notwithstanding any requirement of this subdivision, a city,
34county, or city and county shall not be required to provide a density
35bonus or concession for a child care facility if it finds, based upon
36substantial evidence, that the community has adequate child care
37facilities.

38(4) “Child care facility,” as used in this section, means a child
39day care facility other than a family day care home, including, but
P195  1not limited to, infant centers, preschools, extended day care
2facilities, and schoolage child care centers.

3(i) “Housing development,” as used in this section, means a
4development project for five or more residential units. For the
5purposes of this section, “housing development” also includes a
6subdivision or common interest development, as defined in Section
74100 of the Civil Code, approved by a city, county, or city and
8county and consists of residential units or unimproved residential
9lots and either a project to substantially rehabilitate and convert
10an existing commercial building to residential use or the substantial
11rehabilitation of an existing multifamily dwelling, as defined in
12subdivision (d) of Section 65863.4, where the result of the
13rehabilitation would be a net increase in available residential units.
14For the purpose of calculating a density bonus, the residential units
15shall be on contiguous sites that are the subject of one development
16application, but do not have to be based upon individual
17subdivision maps or parcelsbegin delete .end deletebegin insert.end insert The density bonus shall be permitted
18in geographic areas of the housing development other than the
19areas where the units for the lower income households are located.

20(j) The granting of a concession or incentive shall not be
21interpreted, in and of itself, to require a general plan amendment,
22local coastal plan amendment, zoning change, or other discretionary
23approval. This provision is declaratory of existing law.

24(k) For the purposes of this chapter, concession or incentive
25means any of the following:

26(1) A reduction in site development standards or a modification
27of zoning code requirements or architectural design requirements
28that exceed the minimum building standards approved by the
29California Building Standards Commission as provided in Part 2.5
30(commencing with Section 18901) of Division 13 of the Health
31and Safety Code, including, but not limited to, a reduction in
32setback and square footage requirements and in the ratio of
33vehicular parking spaces that would otherwise be required that
34results in identifiable, financially sufficient, and actual cost
35reductions.

36(2) Approval of mixed use zoning in conjunction with the
37housing project if commercial, office, industrial, or other land uses
38will reduce the cost of the housing development and if the
39commercial, office, industrial, or other land uses are compatible
P196  1with the housing project and the existing or planned development
2in the area where the proposed housing project will be located.

3(3) Other regulatory incentives or concessions proposed by the
4developer or the city, county, or city and county that result in
5identifiable, financially sufficient, and actual cost reductions.

6(l) Subdivision (k) does not limit or require the provision of
7direct financial incentives for the housing development, including
8the provision of publicly owned land, by the city, county, or city
9and county, or the waiver of fees or dedication requirements.

10(m) begin deleteNothing in thisend deletebegin insert Thisend insert section shallbegin insert notend insert be construed to
11supersede or in any way alter or lessen the effect or application of
12the California Coastal Actbegin insert 1976end insert (Division 20 (commencing with
13Section 30000) of the Public Resources Code).

14(n) If permitted by local ordinance, nothing in this section shall
15be construed to prohibit a city, county, or city and county from
16granting a density bonus greater than what is described in this
17section for a development that meets the requirements of this
18section or from granting a proportionately lower density bonus
19than what is required by this section for developments that do not
20meet the requirements of this section.

21(o) For purposes of this section, the following definitions shall
22apply:

23(1) “Development standard” includes a site or construction
24condition, including, but not limited to, a height limitation, a
25setback requirement, a floor area ratio, an onsite open-space
26requirement, or a parking ratio that applies to a residential
27development pursuant to any ordinance, general plan element,
28specific plan, charter, or other local condition, law, policy,
29resolution, or regulation.

30(2) “Maximum allowable residential density” means the density
31allowed under the zoning ordinance and land use element of the
32general plan, or if a range of density is permitted, means the
33maximum allowable density for the specific zoning range and land
34use element of the general plan applicable to the project. Where
35the density allowed under the zoning ordinance is inconsistent
36with the density allowed under the land use element of the general
37plan, the general plan density shall prevail.

38(p) (1) Upon the request of the developer, no city, county, or
39city and county shall require a vehicular parking ratio, inclusive
P197  1of handicapped and guest parking, of a development meeting the
2criteria of subdivision (b), that exceeds the following ratios:

3(A) Zero to one bedroom: one onsite parking space.

4(B) Two to three bedrooms: two onsite parking spaces.

5(C) Four and more bedrooms: two and one-half parking spaces.

6(2) If the total number of parking spaces required for a
7development is other than a whole number, the number shall be
8rounded up to the next whole number. For purposes of this
9subdivision, a development may provide “onsite parking” through
10tandem parking or uncovered parking, but not through onstreet
11parking.

12(3) This subdivision shall apply to a development that meets
13the requirements of subdivision (b) but only at the request of the
14applicant. An applicant may request parking incentives or
15concessions beyond those provided in this subdivision pursuant
16to subdivision (d).

17

SEC. 103.  

The heading of Chapter 3 (commencing with Section
1880) of Division 1 of the Harbors and Navigation Code, as added
19by Section 2 of Chapter 136 of the Statutes of 2012, is amended
20to read:

21 

22Chapter  3. BOATINGbegin delete ANDend deletebegin insert andend insert WATERWAYSbegin delete ADVISORY
23BOARDend delete
begin insert COMMISSIONend insert
24

 

25

SEC. 104.  

Section 80.2 of the Harbors and Navigation Code,
26as added by Section 2 of Chapter 136 of the Statutes of 2012, is
27amended to read:

28

80.2.  

The commission shall be composed of seven members
29appointed by the Governor, with the advice and consent of the
30Senate. The members shall have experience and background
31consistent with the functions of the commission. In making
32appointments to the commission, the Governor shall give primary
33consideration to geographical location of the residence of members
34as related to boating activities and harbors. In addition tobegin insert theend insert
35 geographical considerations, the members of the commission shall
36be appointed with regard to their special interests in recreational
37boating. At least one of the members shall be a member of a
38recognized statewide organization representing recreational boaters.
39One member of the commission shall be a private small craft harbor
40 owner and operator. One member of the commission shall be an
P198  1officer or employee of a law enforcement agency responsible for
2enforcing boating laws.

3The Governor shall appoint the first seven members of the
4commission for the following terms to expire on January 15: one
5member for one year, two members for two years, two members
6for three years, and two members for four years. Thereafter,
7appointments shall be for a four-year term. Vacancies occurring
8prior to the expiration of the term shall be filled by appointment
9for the unexpired term.

10

SEC. 105.  

Section 82 of the Harbors and Navigation Code, as
11added by Section 2 of Chapter 136 of the Statutes of 2012, is
12amended to read:

13

82.  

The division, consistent with Section 82.3, and in
14furtherance of the public interest and in accordance therewith, shall
15have only the following duties with respect to the commission:

16(a) To submit any proposed changes in regulations pertaining
17to boating functions and responsibilities of the division to the
18commission for its advice and comment prior to enactment of
19changes.

20(b) To submit proposals for transfers pursuant to Section 70,
21loans pursuant to Section 71.4 or 76.3, and grants pursuant to
22Section 72.5 to the commission for its advice and comment.

23(c) To submit any proposed project it is considering approving
24to the commission if that project could have a potentially significant
25impact on either public health or safety, public access, or the
26environment for the commission’s advice and comment prior to
27approval by the division.

28(d) To annually submit a report on its budget and expenditures
29to the commission for its advice and comment.

30(e) To cause studies and surveys to be made of the need for
31small craft harbors and connecting waterways throughout the state
32and the most suitable sites begin deletetherefore,end deletebegin insert therefor,end insert and submit those
33studies and surveys to the commission for advice and comment.

34

SEC. 106.  

Section 1339.40 of the Health and Safety Code is
35amended to read:

36

1339.40.  

Forbegin delete theend delete purposes of this article, the following
37definitions apply:

38(a) “Bereavement services” has the same meaning as defined
39in subdivision (a) of Section 1746.

P199  1(b) “Hospice care” means a specialized form of interdisciplinary
2health care that is designed to provide palliative care, alleviate the
3physical, emotional, social, and spiritual discomforts of an
4individual who is experiencing the last phases of life due to the
5existence of a terminal disease, and provide supportive care to the
6primary caregiver and the family of the hospice patient, and that
7meets all of the following criteria:

8(1) Considers the patient and the patient’s family, in addition
9to the patient, as the unit of care.

10(2) Utilizes an interdisciplinary team to assess the physical,
11medical, psychological, social, and spiritual needs of the patient
12and the patient’s family.

13(3) Requires the interdisciplinary team to develop an overall
14plan of care and to provide coordinated care that emphasizes
15supportive services, including, but not limited to, home care, pain
16control, and limited inpatient services. Limited inpatient services
17are intended to ensure both continuity of care and appropriateness
18of services for those patients who cannot be managed at home
19because of acute complications or the temporary absence of a
20capable primary caregiver.

21(4) Provides for the palliative medical treatment of pain and
22other symptoms associated with a terminal disease, but does not
23provide for efforts to cure the disease.

24(5) Provides for bereavement services following death to assist
25the family in coping with social and emotional needs associated
26with the death of the patient.

27(6) Actively utilizes volunteers in the delivery of hospice
28services.

29(7) To the extent appropriate, based on the medical needs of the
30patient, provides services in the patient’s home or primary place
31of residence.

32(c) “Hospice facility” means a health facility as defined in
33subdivision (n) of Section 1250.

34(d) “Inpatient hospice care” means hospice care that is provided
35to patients in a hospice facility, including routine, continuous and
36 inpatient care directly as specified in Sectionbegin delete 418.10end deletebegin insert 418.110end insert of
37Title 42 of the Code of Federal Regulations, and may include
38short-term inpatient respite care as specified in Section 418.108
39of Title 42 of the Code of Federal Regulations.

P200  1(e) “Interdisciplinary team” has the same meaning as defined
2in subdivision (g) of Section 1746.

3(f) “Medical direction” has the same meaning as defined in
4subdivision (h) of Section 1746.

5(g) “Palliative care” has the same meaning as defined in
6subdivision (j) of Section 1746.

7(h) “Plan of care” has the same meaning as defined in
8subdivision (l) of Section 1746.

9(i) “Skilled nursing services” has the same meaning as defined
10in subdivision (n) of Section 1746.

11(j) “Social services/counseling services” has the same meaning
12as defined in subdivision (o) of Section 1746.

13(k) “Terminal disease” or “terminal illness” has the same
14meaning as defined in subdivision (p) of Section 1746.

15(l) “Volunteer services” has the same meaning as defined in
16subdivision (q) of Section 1746.

17

SEC. 107.  

Section 1339.41 of the Health and Safety Code is
18amended to read:

19

1339.41.  

(a) A person, governmental agency, or political
20subdivision of the state shall not be licensed as a hospice facility
21under this chapter unless the person or entity is a provider of
22hospice services licensed pursuant to Section 1751 and is certified
23as a hospice facility under Part 418 of Title 42 of the Code of
24Federal Regulations.

25(b) A hospice provider that intends to provide inpatient hospice
26care in the hospice provider’s own facility shall submit an
27application and fee for licensure as a hospice facility under this
28chapter. Notwithstanding the maximum period for a provisional
29license under subdivision (b) of Section 1268.5, the department
30may issue a provisional license to a hospice facility for a period
31of up to one year.

32(c) A verified application for a new license completed on forms
33furnished by the department shall be submitted to the department
34upon the occurrence of either of the following:

35(1) Establishment of a hospice facility.

36(2) Change of ownership.

37(d) The licensee shall submit to the department a verified
38application for a corrected license completed on forms furnished
39by the department upon the occurrence of any of the following:

40(1) Construction of new or replacement hospice facility.

P201  1(2) Increase in licensed bed capacity.

2(3) Change of name of facility.

3(4) Change of licensed category.

4(5) Change of location of facility.

5(6) Change in bed classification.

6(e) (1) A hospice facility that participates in the Medicare and
7Medicaidbegin delete Programsend deletebegin insert programsend insert may obtain initial certification from
8a federal Centers for Medicare and Medicaid Services (CMS)
9approved accreditation organization.

10(2) If the CMS-approved accreditation organization conducts
11certification inspections, the hospice facility shall transmit to the
12department, within 30 days of receipt, a copy of the final
13accreditation report of the accreditation organization.

14(f) A hospice facility shall be separately licensed, irrespective
15of the location of the facility.

16(g) (1) The licensee shall notify the department in writing of
17any changes in the information provided pursuant to subdivision
18(d) within 10 days of these changes. This notice shall include
19information and documentation regarding the changes.

20(2) Each licensee shall notify the department within 10 days in
21writing of any change of the mailing address of the licensee. This
22notice shall include the new mailing address of the licensee.

23(3) When a change in the principal officer of a corporate
24licensee, including the chairman, president, or general manager
25occurs, the licensee shall notify the department of this change
26within 10 days in writing. This notice shall include the name and
27business address of the officer.

28(4) Any decrease in licensed bed capacity of the facility shall
29require notification by letter to the department and shall result in
30the issuance of a corrected license.

31

SEC. 108.  

Section 1367.65 of the Health and Safety Code is
32amended to read:

33

1367.65.  

(a) On or after January 1, 2000,begin delete everyend deletebegin insert eachend insert health
34care service plan contract, except a specialized health care service
35plan contract, that is issued, amended, delivered, or renewed shall
36be deemed to provide coverage for mammography for screening
37or diagnostic purposes upon referral by a participating nurse
38practitioner, participating certified nurse-midwife, participating
39physician assistant, or participating physician, providing care to
P202  1the patient and operating within the scope of practice provided
2under existing law.

3(b) begin deleteNothing in thisend deletebegin insertThisend insert sectionbegin delete shall be construed toend deletebegin insert does notend insert
4 prevent application of copayment or deductible provisions in a
5plan, nor shall this section be construed to require that a plan be
6extended to cover any other procedures under an individual or a
7group health care service plan contract.begin delete Nothing in thisend deletebegin insert Thisend insert section
8begin delete shall be construed toend deletebegin insert does notend insert authorize a plan enrollee to receive
9the services required to be covered by this section if those services
10are furnished by a nonparticipating provider, unless the plan
11enrollee is referred to that provider by a participating physician,
12nurse practitioner, or certifiedbegin delete nurse midwifeend deletebegin insert nurse-midwifeend insert
13 providing care.

14

SEC. 109.  

Section 1531.15 of the Health and Safety Code is
15amended to read:

16

1531.15.  

(a) A licensee of an adult residential facility or group
17home for no more than 15 residents, that is eligible for and serving
18clients eligible for federal Medicaid funding and utilizing delayed
19egress devices pursuant to Section 1531.1, may install and utilize
20secured perimeters in accordance with the provisions of this
21section.

22(b) As used in this section, “secured perimeters” means fences
23that meet the requirements prescribed by this section.

24(c) Only individuals meeting all of the following conditions
25may be admitted to or reside in a facility described in subdivision
26(a) utilizing secured perimeters:

27(1) The person shall have a developmental disability as defined
28in Section 4512 of the Welfare and Institutions Code.

29(2) The person shall be receiving services and case management
30from a regional center under the Lanterman Developmental
31Disabilities Services Act (Division 4.5 (commencing with Section
324500) of the Welfare and Institutions Code).

33(3) (A) The person shall be 14 years of age or older, except as
34specified in subparagraph (B).

35(B) Notwithstanding subparagraph (A), a child who is at least
3610 years of age and less than 14 years of age may be placed in a
37licensed group home described in subdivision (a) using secured
38perimeters only if both of the following occur:

39(i) A comprehensive assessment is conducted and an individual
40program plan meeting is convened to determine the services and
P203  1supports needed for the child to receive services in a less restrictive,
2unlocked residential setting in California, and the regional center
3requests assistance from the State Department of Developmental
4Services’ statewide specialized resource service to identify options
5to serve the child in a less restrictive, unlocked residential setting
6in California.

7(ii) The regional center requests placement of the child in a
8licensed group home described in subdivision (a) using secured
9perimeters on the basis that the placement is necessary to prevent
10out-of-state placement or placement in a more restrictive, locked
11residential setting and the State Department of Developmental
12Services approves the request.

13(4) The person is not a foster child under the jurisdiction of the
14juvenile court pursuant to Section 300, 450, 601, or 602 of the
15Welfare and Institutions Code.

16(5) An interdisciplinary team, through the individual program
17plan (IPP) process pursuant to Section 4646.5 of the Welfare and
18Institutions Code, shall have determined the person lacks hazard
19awareness or impulse control and, for his or her safety and security,
20requires the level of supervision afforded by a facility equipped
21with secured perimeters, and, but for this placement, the person
22would be at risk of admission to, or would have no option but to
23remain in, a more restrictive placement. The individual program
24planning team shall determine the continued appropriateness of
25the placement at least annually.

26(d) The licensee shall be subject to all applicable fire and
27building codes, regulations, and standards, and shall receive
28approval by the county or city fire department, the local fire
29prevention district, or the State Fire Marshal for the installed
30 secured perimeters.

31(e) The licensee shall provide staff training regarding the use
32and operation of the secured perimeters, protection of residents’
33personal rights, lack of hazard awareness and impulse control
34behavior, and emergency evacuation procedures.

35(f) The licensee shall revise its facility plan of operation. These
36revisions shallbegin delete beend delete first be approved by the State Department of
37Developmental Services. The plan of operation shall not be
38approved by the State Department of Social Services unless the
39licensee provides certification that the plan was approved by the
P204  1State Department of Developmental Services. The plan shall
2include, but not be limited to, all of the following:

3(1) A description of how the facility is to be equipped with
4secured perimeters that are consistent with regulations adopted by
5the State Fire Marshal pursuant to Section 13143.6.

6(2) A description of how the facility will provide training for
7staff.

8(3) A description of how the facility will ensure the protection
9of the residents’ personal rights consistent with Sections 4502,
104503, and 4504 of the Welfare and Institutions Code, and any
11applicable personal rights provided in Title 22 of the California
12Code of Regulations.

13(4) A description of how the facility will manage residents’ lack
14of hazard awareness and impulse control behavior.

15(5) A description of the facility’s emergency evacuation
16procedures.

17(g) Secured perimeters shall not substitute for adequate staff.

18(h) Emergency fire and earthquake drills shall be conducted on
19each shift in accordance with existing licensing requirements, and
20shall include all facility staff providing resident care and
21supervision on each shift.

22(i) Interior and exterior space shall be available on the facility
23premises to permit clients to move freely and safely.

24(j) For the purpose of using secured perimeters, the licensee
25shall not be required to obtain a waiver or exception to a regulation
26that would otherwise prohibit the locking of a perimeter fence or
27gate.

28(k) This section shall become operative only upon the
29publication in Title 17 of the California Code of Regulations of
30emergency regulations filed by the State Department of
31Developmental Services. These regulations shall be developed
32with stakeholders, including the State Department of Social
33Services, consumer advocates, and regional centers. The regulations
34shall establish program standards for homes that include secured
35perimeters, including requirements and timelines for the completion
36and updating of a comprehensive assessment of each consumer’s
37needs, including the identification through the individual program
38plan process of the services and supports needed to transition the
39 consumer to a less restrictive living arrangement, and a timeline
40for identifying or developing those services and supports. The
P205  1regulations shall establish a statewide limit on the total number of
2beds in homes with secured perimeters. The adoption of these
3regulations shall be deemed to be an emergency and necessary for
4the immediate preservation of the public peace, health and safety,
5or general welfare.

6

SEC. 110.  

Section 11378 of the Health and Safety Code is
7amended to read:

8

11378.  

Except as otherwise provided in Article 7 (commencing
9with Sectionbegin delete 4211)end deletebegin insert 4110)end insert of Chapter 9 of Division 2 of the
10Business and Professions Code,begin delete everyend deletebegin insert aend insert person who possesses for
11salebegin delete anyend deletebegin insert aend insert controlled substancebegin delete which isend deletebegin insert that meets any of the
12following criteria shall be punished by imprisonment pursuant to
13subdivision (h) of Section 1170 of the Penal Code:end insert
begin delete (1)end delete

14begin insert (1)end insertbegin insertend insertbegin insertThe substance isend insert classified in Schedule III, IV, or V and
15begin delete whichend delete is not a narcotic drug, exceptbegin insert the substance specified inend insert
16 subdivision (g) of Sectionbegin delete 11056,end deletebegin insert 11056.end insertbegin delete (2)end delete

17begin insert (2)end insertbegin insertend insertbegin insertThe substance isend insert specified in subdivision (d) of Section
1811054, except paragraphs (13), (14), (15), (20), (21), (22), and
19(23) of subdivisionbegin delete (d),end deletebegin insert (d).end insertbegin delete (3)end delete

20begin insert (3)end insertbegin insertend insertbegin insertThe substance isend insert specified in paragraph (11) of subdivision
21(c) of Sectionbegin delete 11056,end deletebegin insert 11056.end insertbegin delete (4)end delete

22begin insert (4)end insertbegin insertend insertbegin insertThe substance isend insert specified in paragraph (2) or (3) of
23subdivision (f) of Sectionbegin delete 11054, orend deletebegin insert 11054.end insertbegin delete (5)end delete

24begin insert (5)end insertbegin insertend insertbegin insertThe substance isend insert specified in subdivision (d), (e), or (f),
25except paragraph (3) of subdivision (e) and subparagraphs (A) and
26(B) of paragraph (2) of subdivision (f), of Section begin delete 11055, shall be
27punished by imprisonment pursuant to subdivision (h) of Section
281170 of the Penal Code.end delete
begin insert 11055.end insert

29

SEC. 111.  

Section 11755 of the Health and Safety Code is
30amended to read:

31

11755.  

The department shall do all of the following:

32(a) Adopt regulations pursuant to Section 11152 of the
33Government Code.

34(b) Employ administrative, technical, and other personnel as
35may be necessary for the performance of its powers and duties.

36(c) Do or perform any of the acts that may be necessary,
37desirable, or proper to carry out the purpose of this division.

38(d) Provide funds to counties for the planning and
39implementation of local programs to alleviate problems related to
40alcohol and other drug use.

P206  1(e) Review and execute contracts for drug and alcohol services
2submitted for funds allocated or administered by the department.

3(f) Provide for technical assistance and training to local alcohol
4and other drug programs to assist in the planning and
5implementation of quality services.

6(g) Review research in, and serve as a resource to provide
7information relating to, alcohol and other drug programs.

8(h) In cooperation with the Department ofbegin delete Personnel
9Administration,end delete
begin insert Human Resources,end insert encourage training in other
10state agencies to assist the agencies to recognize employee
11problems relating to alcohol and other drug use that affects job
12performance and encourage the employees to seek appropriate
13services.

14(i) Assist and cooperate with the Office of Statewide Health
15Planning and Developmentbegin delete and the California Health Policy and
16Data Advisory Commissionend delete
in the drafting and adoption of the
17state health plan to ensure inclusion of appropriate provisions
18relating to alcohol and other drug problems.

19(j) In the same manner and subject to the same conditions as
20other state agencies, develop and submit annually to the
21Department of Finance a program budget for the alcohol and other
22drug program, which budget shall include expenditures proposed
23to be made under this division, and may include expenditures
24proposed to be made by any other state agency relating to alcohol
25and other drug problems, pursuant to an interagency agreement
26with the department.

27(k)  Review and certify alcohol and other drug programs meeting
28state standards pursuant to Chapter 7 (commencing with Section
2911830) and Chapter 13 (commencing with Section 11847) of Part
302.

31(l) Develop standards for ensuring minimal statewide levels of
32service quality provided by alcohol and other drug programs.

33(m) Review and license narcotic treatment programs.

34(n) Develop and implement, in partnership with the counties,
35alcohol and other drug prevention strategies especially designed
36for youth.

37(o) Develop and maintain a centralized alcohol and drug abuse
38indicator data collection system that shall gather and obtain
39information on the status of the alcohol and other drug abuse
P207  1problems in the state. This information shall include, but not be
2limited to, all of the following:

3(1) The number and characteristics of persons receiving recovery
4or treatment services from alcohol and other drug programs
5providing publicly funded services or services licensed by the
6state.

7(2) The location and types of services offered by these programs.

8(3) The number of admissions to hospitals on both an emergency
9room and inpatient basis for treatment related to alcohol and other
10drugs.

11(4) The number of arrests for alcohol and other drug violations.

12(5) The number of Department of Corrections and
13Rehabilitation, Division of Juvenile Facilities commitments for
14drug violations.

15(6) The number of Department of Corrections and Rehabilitation
16commitments for drug violations.

17(7) The number or percentage of persons having alcohol or other
18drug problems as determined by survey information.

19(8) The amounts of illicit drugs confiscated by law enforcement
20in the state.

21(9) The statewide alcohol and other drug program distribution
22and the fiscal impact of alcohol and other drug problems upon the
23state.

24Providers of publicly funded services or services licensed by the
25department to clients-participants shall report data in a manner, in
26a format, and under a schedule prescribed by the department.

27(p) Issue an annual report that portrays the drugs abused,
28populations affected, user characteristics, crime-related costs,
29socioeconomic costs, and other related information deemed
30necessary in providing a problem profile of alcohol and other drug
31abuse in the state.

32(q) (1) Require any individual, public or private organization,
33or government agency, receiving federal grant funds, to comply
34with all federal statutes, regulations, guidelines, and terms and
35conditions of the grants. The failure of the individual, public or
36private organization, or government agency, to comply with the
37statutes, regulations, guidelines, and terms and conditions of grants
38received may result in the department’s disallowing noncompliant
39costs, or the suspension or termination of the contract or grant
40award allocating the grant funds.

P208  1(2) Adopt regulations implementing this subdivision in
2accordance with Chapter 3.5 (commencing with Section 11340)
3of Part 1 of Division 3 of Title 2 of the Government Code. For the
4purposes of the Administrative Procedure Act, the adoption of the
5regulations shall be deemed necessary for the preservation of the
6public peace, health and safety, or general welfare. Subsequent
7amendments to the adoption of emergency regulations shall be
8deemed an emergency only if those amendments are adopted in
9direct response to a change in federal statutes, regulations,
10guidelines, or the terms and conditions of federal grants. Nothing
11in this paragraph shall be interpreted as prohibiting the department
12from adopting subsequent amendments on a nonemergency basis
13or as emergency regulations in accordance with the standards set
14forth in Section 11346.1 of the Government Code.

15

SEC. 112.  

Section 25110.11 of the Health and Safety Code is
16amended to read:

17

25110.11.  

(a) “Contained gaseous material,” for purposes of
18subdivision (a) of Section 25124 or any other provision of this
19chapter, means any gas that is contained in an enclosed cylinder
20or other enclosed container.

21(b) Notwithstanding subdivisionbegin delete (a) of this section,end deletebegin insert (a),end insert
22 “contained gaseous material” does not include any exhaust or flue
23gas, or other vapor stream, or any air or exhaust gas stream that is
24filtered or otherwise processed to remove particulates, dusts, or
25other air pollutants, regardless of the source.

26

SEC. 113.  

Section 34177 of the Health and Safety Code is
27amended to read:

28

34177.  

Successor agencies are required to do all of the
29following:

30(a) Continue to make payments due for enforceable obligations.

31(1) On and after February 1, 2012, and until a Recognized
32Obligation Payment Schedule becomes operative, only payments
33required pursuant to an enforceable obligations payment schedule
34shall be made. The initial enforceable obligation payment schedule
35shall be the last schedule adopted by the redevelopment agency
36under Section 34169. However, payments associated with
37obligations excluded from the definition of enforceable obligations
38by paragraph (2) of subdivision (d) of Section 34171 shall be
39excluded from the enforceable obligations payment schedule and
40be removed from the last schedule adopted by the redevelopment
P209  1agency under Section 34169 prior to the successor agency adopting
2it as its enforceable obligations payment schedule pursuant to this
3subdivision. The enforceable obligation payment schedule may
4be amended by the successor agency at any public meeting and
5shall be subject to the approval of the oversight board as soon as
6the board has sufficient members to form a quorum. In recognition
7of the fact that the timing of the California Supreme Court’s ruling
8in the case California Redevelopment Association v. Matosantos
9(2011) 53 Cal.4th 231 delayed the preparation by successor
10agencies and the approval by oversight boards of the January 1,
112012, through June 30, 2012, Recognized Obligation Payment
12Schedule, a successor agency may amend the Enforceable
13Obligation Payment Schedule to authorize the continued payment
14of enforceable obligations until the time that the January 1, 2012,
15through June 30, 2012, Recognized Obligation Payment Schedule
16has been approved by the oversight board and by the Department
17of Finance.

18(2) The Department of Finance and the Controller shall each
19have the authority to require any documents associated with the
20enforceable obligations to be provided to them in a manner of their
21choosing. Any taxing entity, the department, and the Controller
22shall each have standing to file a judicial action to prevent a
23violation under this part and to obtain injunctive or other
24appropriate relief.

25(3) Commencing on the date the Recognized Obligation Payment
26Schedule is valid pursuant to subdivision (l), only those payments
27listed in the Recognized Obligation Payment Schedule may be
28made by the successor agency from the funds specified in the
29Recognized Obligation Payment Schedule. In addition, after it
30becomes valid, the Recognized Obligation Payment Schedule shall
31supersede the Statement of Indebtedness, which shall no longer
32be prepared nor have any effect under the Community
33Redevelopment Law (Part 1 (commencing with Section 33000)).

34(4) Nothing in the act adding this part is to be construed as
35preventing a successor agency, with the prior approval of the
36oversight board, as described in Section 34179, from making
37payments for enforceable obligations from sources other than those
38listed in the Recognized Obligation Payment Schedule.

39(5) From February 1, 2012, to July 1, 2012, a successor agency
40shall have no authority and is hereby prohibited from accelerating
P210  1payment or making any lump-sum payments that are intended to
2prepay loans unless such accelerated repayments were required
3prior to the effective date of this part.

4(b) Maintain reserves in the amount required by indentures,
5trust indentures, or similar documents governing the issuance of
6outstanding redevelopment agency bonds.

7(c) Perform obligations required pursuant to any enforceable
8obligation.

9(d) Remit unencumbered balances of redevelopment agency
10funds to the county auditor-controller for distribution to the taxing
11entities, including, but not limited to, the unencumbered balance
12of the Low and Moderate Income Housing Fund of a former
13redevelopment agency. In making the distribution, the county
14auditor-controller shall utilize the same methodology for allocation
15and distribution of property tax revenues provided in Section
1634188.

17(e) Dispose of assets and properties of the former redevelopment
18agency as directed by the oversight board; provided, however, that
19the oversight board may instead direct the successor agency to
20transfer ownership of certain assets pursuant to subdivision (a) of
21Section 34181. The disposal is to be done expeditiously and in a
22manner aimed at maximizing value. Proceeds from asset sales and
23related funds that are no longer needed for approved development
24projects or to otherwise wind down the affairs of the agency, each
25as determined by the oversight board, shall be transferred to the
26county auditor-controller for distribution as property tax proceeds
27under Section 34188. The requirements of this subdivision shall
28not apply to a successor agency that has been issued a finding of
29completion by the Department of Finance pursuant to Section
3034179.7.

31(f) Enforce all former redevelopment agency rights for the
32benefit of the taxing entities, including, but not limited to,
33continuing to collect loans, rents, and other revenues that were due
34to the redevelopment agency.

35(g) Effectuate transfer of housing functions and assets to the
36appropriate entity designated pursuant to Section 34176.

37(h) Expeditiously wind down the affairs of the redevelopment
38agency pursuant to the provisions of this part and in accordance
39with the direction of the oversight board.

P211  1(i) Continue to oversee development of properties until the
2contracted work has been completed or the contractual obligations
3of the former redevelopment agency can be transferred to other
4parties. Bond proceeds shall be used for the purposes for which
5bonds were sold unless the purposes can no longer be achieved,
6in which case, the proceeds may be used to defease the bonds.

7(j) Prepare a proposed administrative budget and submit it to
8the oversight board for its approval. The proposed administrative
9budget shall include all of the following:

10(1) Estimated amounts for successor agency administrative costs
11for the upcoming six-month fiscal period.

12(2) Proposed sources of payment for the costs identified in
13paragraph (1).

14(3) Proposals for arrangements for administrative and operations
15services provided by a city, county, city and county, or other entity.

16(k) Provide administrative cost estimates, from its approved
17administrative budget that are to be paid from property tax revenues
18deposited in the Redevelopment Property Tax Trust Fund, to the
19county auditor-controller for each six-month fiscal period.

20(l) (1) Before each six-month fiscal period, prepare a
21Recognized Obligation Payment Schedule in accordance with the
22requirements of this paragraph. For each recognized obligation,
23the Recognized Obligation Payment Schedule shall identify one
24or more of the following sources of payment:

25(A) Low and Moderate Income Housing Fund.

26(B) Bond proceeds.

27(C) Reserve balances.

28(D) Administrative cost allowance.

29(E) The Redevelopment Property Tax Trust Fund, but only to
30the extent no other funding source is available or when payment
31from property tax revenues is required by an enforceable obligation
32or bybegin delete the provisions ofend delete this part.

33(F) Other revenue sources, including rents, concessions, asset
34sale proceeds, interest earnings, and any other revenues derived
35from the former redevelopment agency, as approved by the
36oversight board in accordance with this part.

37(2) A Recognized Obligation Payment Schedule shall not be
38deemed valid unless all of the following conditions have been met:

39(A) A Recognized Obligation Payment Schedule is prepared
40by the successor agency for the enforceable obligations of the
P212  1former redevelopment agency. The initial schedule shall project
2the dates and amounts of scheduled payments for each enforceable
3obligation for the remainder of the time period during which the
4redevelopment agency would have been authorized to obligate
5property tax increment had thebegin delete aend delete redevelopment agency not been
6dissolved.

7(B) The Recognized Obligation Payment Schedule is submitted
8to and duly approved by the oversight board. The successor agency
9shall submit a copy of the Recognized Obligation Payment
10Schedule to the county administrative officer, the county
11auditor-controller, and the Department of Finance at the same time
12that the successor agency submits the Recognized Obligation
13Payment Schedule to the oversight board for approval.

14(C) A copy of the approved Recognized Obligation Payment
15Schedule is submitted to the county auditor-controller and both
16the Controller’s office and the Department of Finance and be posted
17on the successor agency’s Internet Web site.

18(3) The Recognized Obligation Payment Schedule shall be
19forward looking to the next six months. The first Recognized
20Obligation Payment Schedule shall be submitted to the Controller’s
21office and the Department of Finance by April 15, 2012, for the
22period of January 1, 2012, to June 30, 2012, inclusive. This
23Recognized Obligation Payment Schedule shall include all
24payments made by the former redevelopment agency between
25January 1, 2012, through January 31, 2012, and shall include all
26payments proposed to be made by the successor agency from
27February 1, 2012, through June 30, 2012. Former redevelopment
28agency enforceable obligation payments due, and reasonable or
29necessary administrative costs due or incurred, prior to January 1,
302012, shall be made from property tax revenues received in the
31spring of 2011 property tax distribution, and from other revenues
32and balances transferred to the successor agency.

33(m) The Recognized Obligation Payment Schedule for the period
34of January 1, 2013, to June 30, 2013, shall be submitted by the
35successor agency, after approval by the oversight board, no later
36than September 1, 2012. Commencing with the Recognized
37Obligation Payment Schedule covering the period July 1, 2013,
38through December 31, 2013, successor agencies shall submit an
39oversight board-approved Recognized Obligation Payment
40Schedule to the Department of Finance and to the county
P213  1auditor-controller no fewer than 90 days before the date of property
2tax distribution. The Department of Finance shall make its
3determination of the enforceable obligations and the amounts and
4funding sources of the enforceable obligations no later than 45
5days after the Recognized Obligation Payment Schedule is
6submitted. Within five business days of the department’s
7determination, a successor agency may request additional review
8by the department and an opportunity to meet and confer on
9disputed items. The meet and confer period may vary; an untimely
10submittal of a Recognized Obligation Payment Schedule may result
11in a meet and confer period of less than 30 days. The department
12shall notify the successor agency and the county auditor-controllers
13as to the outcome of its review at least 15 days before the date of
14property tax distribution.

15(1) The successor agency shall submit a copy of the Recognized
16Obligation Payment Schedule to the Department of Finance
17electronically, and the successor agency shall complete the
18Recognized Obligation Payment Schedule in the manner provided
19for by the department. A successor agency shall be in
20noncompliance with this paragraph if it only submits to the
21department an electronic message or a letter stating that the
22oversight board has approved a Recognized Obligation Payment
23Schedule.

24(2) If a successor agency does not submit a Recognized
25Obligation Payment Schedule by the deadlines provided in this
26subdivision, the city, county, or city and county that created the
27redevelopment agency shall be subject to a civil penalty equal to
28ten thousand dollars ($10,000) per day for every day the schedule
29is not submitted to the department. The civil penalty shall be paid
30to the county auditor-controller for allocation to the taxing entities
31under Section 34183. If a successor agency fails to submit a
32Recognized Obligation Payment Schedule by the deadline, any
33creditor of the successor agency or the Department of Finance or
34any affected taxing entity shall have standing to and may request
35a writ of mandate to require the successor agency to immediately
36perform this duty. Those actions may be filed only in the County
37of Sacramento and shall have priority over other civil matters.
38Additionally, if an agency does not submit a Recognized Obligation
39Payment Schedule within ten days of the deadline, the maximum
P214  1administrative cost allowance for that period shall be reduced by
225 percent.

3(3) If a successor agency fails to submit to the department an
4oversight board-approved Recognized Obligation Payment
5Schedule that complies with all requirements of this subdivision
6within five business days of the date upon which the Recognized
7 Obligation Payment Schedule is to be used to determine the amount
8of property tax allocations, the department may determine if any
9amount should be withheld by the county auditor-controller for
10payments for enforceable obligations from distribution to taxing
11entities, pending approval of a Recognized Obligation Payment
12Schedule. The county auditor-controller shall distribute the portion
13of any of the sums withheld pursuant to this paragraph to the
14affected taxing entities in accordance with paragraph (4) of
15subdivision (a) of Section 34183 upon notice by the department
16that a portion of the withheld balances are in excess of the amount
17of enforceable obligations. The county auditor-controller shall
18distribute withheld funds to the successor agency only in
19accordance with a Recognized Obligation Payment Schedule
20approved by the department. County auditor-controllers shall lack
21the authority to withhold any other amounts from the allocations
22provided for under Section 34183 or 34188begin insert,end insert unless required by a
23court order.

24(n) Cause a postaudit of the financial transactions and records
25of the successor agency to be made at least annually by a certified
26public accountant.

27

SEC. 114.  

Section 34183.5 of the Health and Safety Code is
28amended to read:

29

34183.5.  

(a) The Legislature hereby finds and declares that
30due to the delayed implementation of this part due to the California
31Supreme Court’s ruling in the case California Redevelopment
32Association v. Matosantosbegin delete et al.end delete (2011) 53 Cal.4th 231, some
33disruption to the intended application of this part and other law
34with respect to passthrough payments may have occurred.

35(1) If a redevelopment agency or successor agency did not pay
36any portion of an amount owed for the 2011-12 fiscal year to an
37affected taxing entity pursuant to Section 33401, 33492.140, 33607,
3833607.5, 33607.7, or 33676, or pursuant to any passthrough
39agreement entered into before January 1, 1994, between a
40redevelopment agency and an affected taxing entity, and to the
P215  1extent the county auditor-controller did not remit the amounts
2owed for passthrough payments during the 2011-12 fiscal year,
3the county auditor-controller shall make the required payments to
4the taxing entities owed passthrough payments and shall reduce
5the amounts to which the successor agency would otherwise be
6entitled pursuant to paragraph (2) of subdivision (a) of Section
734183 at the next allocation of property tax under this part, subject
8tobegin delete the provisions ofend delete subdivision (b) of Section 34183. If the amount
9of available property tax allocation to the successor agency is not
10sufficient to make the required payment, the county
11auditor-controller shall continue to reduce allocations to the
12successor agency under paragraph (2) of subdivision (a) of Section
1334183 until the time that the owed amount is fully paid.begin delete Alternately,end delete
14begin insert Alternatively,end insert the county auditor-controller may accept payment
15from the successor agency’s reserve funds for payments of
16passthrough payments owed as defined in this subdivision.

17(2) If a redevelopment agency did not pay any portion of the
18amount owed for the 2011-12 fiscal year to an affected taxing
19entity pursuant to Section 33401, 33492.140, 33607, 33607.5,
2033607.7, or 33676, or pursuant to any passthrough agreement
21entered into before January 1, 1994, between a redevelopment
22agency and an affected taxing entity, but the county
23auditor-controller did pay the difference that was owing, thebegin delete auditor
24controllerend delete
begin insert county auditor-controllerend insert shall deduct from the next
25allocation of property tax to the successor agency under paragraph
26(2) of subdivision (a) of Section 34183, the amount of the payment
27made on behalf of the successor agency by the county
28auditor-controller, not to exceed one-half the amount of
29passthrough payments owed for the 2011-12 fiscal year. If the
30amount of available property tax allocation to the successor agency
31is not sufficient to make the required deduction, the county
32auditor-controller shall continue to reduce allocations to the
33successor agency under paragraph (2) of subdivision (a) of Section
3434183 until the time that the amount is fully deducted.
35Alternatively, the auditor-controller may accept payment from the
36successor agency’s reserve funds for deductions of passthrough
37payments owed as defined in this subdivision. Amounts reduced
38from successor agency payments under this paragraph are available
39for the purposes of paragraphs (2) to (4), inclusive, of subdivision
P216  1(a) of Section 34183 for the six-month period for which the
2property tax revenues are being allocated.

3(b) In recognition of the fact that county auditor-controllers
4were unable to make the payments required by paragraph (4) of
5subdivision (a) of Section 34183 for the period January 1, 2012,
6through June 30, 2012, on January 16, 2012, due to the California
7Supreme Court’s ruling in the case of California Redevelopment
8Association v. Matosantos (2011) 53 Cal.4th 231, in addition to
9taking the actions specified in Section 34183 with respect to the
10June 1 property tax allocations, county auditor-controllers should
11have made allocations as provided in paragraph (1).

12(1) From the allocations made on June 1, 2012, for the
13Recognized Obligation Payment Schedule covering the period
14July 1, 2012, through December 31, 2012, deduct from the amount
15that otherwise would be deposited in the Redevelopment Property
16Tax Trust Fund on behalf of the successor agency an amount
17equivalent to the amount that each affected taxing entity was
18entitled to pursuant to paragraph (4) of subdivision (a) of Section
1934183 for the period January 1, 2012, through June 30, 2012. The
20amount to be retained by taxing entities pursuant to paragraph (4)
21of subdivision (a) of Section 34183 for the January 1, 2012, through
22June 30, 2012, period is determined based on the Recognized
23Obligation Payment Schedule approved by the Department of
24Finance pursuant to subdivision (h) of Section 34179 and any
25amount determined to be owed pursuant tobegin delete subdivision (b).end deletebegin insert this
26subdivision.end insert
Any amounts so computed shall not be offset by any
27shortages in funding for recognized obligations for the period
28covering July 1, 2012, through December 31, 2012.

29(2) (A) If an affected taxing entity has not received the full
30amount to which it was entitled pursuant to paragraph (4) of
31subdivision (a) of Section 34183 of the property tax distributed
32for the period January 1, 2012, through June 30, 2012, and
33paragraph (1), no later than July 9, 2012, the county
34auditor-controller shall determine the amount, if any, that is owed
35by each successor agency to taxing entities and send a demand for
36payment from the funds of the successor agency for the amount
37owed to taxing entities if it has distributed the June 1, 2012,
38allocation to the successor agencies. No later than July 12, 2012,
39successor agencies shall make payment of the amounts demanded
40to the county auditor-controller for deposit into the Redevelopment
P217  1Property Tax Trust Fund and subsequent distribution to taxing
2entities. No later than July 16, 2012, the county auditor-controller
3shall make allocations of all money received by that date from
4successor agencies in amounts owed to taxing entities under this
5paragraph to taxing entities in accordance with Section 34183. The
6county auditor-controller shall make allocations of any money
7received after that date under this paragraph within five business
8days of receipt. These duties are not discretionary and shall be
9carried out with due diligence.

10(B) If a county auditor-controller fails to determine the amounts
11owed to taxing entities and present a demand for payment by July
129, 2012, to the successor agencies, the Department of Finance or
13any affected taxing entity may request a writ of mandate to require
14the county auditor-controller to immediately perform this duty.
15Such actions may be filed only in the County of Sacramento and
16shall have priority over other civil matters. Any county in which
17the county auditor-controller fails to perform the duties under this
18paragraph shall be subject to a civil penalty of 10 percent of the
19amount owed to taxing entities plus 1.5 percent of the amount
20owed to taxing entities for each month that the duties are not
21performed. The civil penalties shall be payable to the taxing entities
22under Section 34183. Additionally, any county in which the county
23auditor-controller fails to make the required determinations and
24demands for payment under this paragraph by July 9, 2012, or fails
25to distribute the full amount of funds received from successor
26agencies as required by this paragraph shall not receive the
27distribution of sales and use tax scheduled for July 18, 2012, or
28any subsequent payment, up to the amount owed to taxing entities,
29until the county auditor-controller performs the duties required by
30this paragraph.

31(C) If a successor agency fails to make the payment demanded
32under subparagraph (A) by July 12, 2012, the Department of
33Finance or any affected taxing entity may file for a writ of mandate
34to require the successor agency to immediately make this payment.
35Such actions may be filed only in the County of Sacramento and
36shall have priority over other civil matters. Any successor agency
37that fails to make payment by July 12, 2012, under this paragraph
38shall be subject to a civil penalty of 10 percent of the amount owed
39to taxing entities plus one and one-half percent of the amount owed
40to taxing entities for each month that the payments are not made.
P218  1Additionally, the city or county or city and county that created the
2redevelopment agency shall also be subject to a civil penalty of
310 percent of the amount owed to taxing entities plus 1.5 percent
4of the amount owed to taxing entities for each month the payment
5is late. The civil penalties shall be payable to the taxing entities
6under Section 34183. If the Department of Finance finds that the
7imposition of penalties will jeopardize the payment of enforceable
8obligations it may request the court to waive some or all of the
9 penalties. A successor agency that does not pay the amount
10required under this subparagraph by July 12, 2012, shall not pay
11any obligations other than bond debt service until full payment is
12made to the county auditor-controller. Additionally, any city,
13county or city and county that created the redevelopment agency
14that fails to make the required payment under this paragraph by
15July 12, 2012, shall not receive the distribution of sales and use
16tax scheduled for July 18, 2012, or any subsequent payment, up
17to the amount owed to taxing entities, until the payment required
18by this paragraph is made.

19(D) The Legislature hereby finds and declares that time is of
20the essence. Funds that should have been received and were
21expected and spent in anticipation of receipt by community
22colleges, schools, counties, cities, and special districts have not
23been received resulting in significant fiscal impact to the state and
24taxing entities. Continued delay andbegin delete uncertainlyend deletebegin insert uncertaintyend insert
25 whether funds will be received warrants the availability of
26extraordinary relief as authorized herein.

27(3) If an affected taxing entity has not received the full amount
28to which it was entitled pursuant to paragraph (4) of subdivision
29(a) of Section 34183 for the period January 1, 2012, through June
3030, 2012, and paragraph (1), the county auditor-controller shall
31reapplybegin delete the provisions ofend delete paragraph (1) to each subsequent property
32tax allocation until such time as the affected taxing entity has
33received the full amount to which it was entitled pursuant to
34paragraph (4) of subdivision (a) of Section 34183 for the period
35January 1, 2012, through June 30, 2012.

36

SEC. 115.  

Section 39053 of the Health and Safety Code is
37amended to read:

38

39053.  

“Statebegin delete Board”end deletebegin insert boardend insertbegin insertend insert means the State Air Resources
39Board.

P219  1

SEC. 116.  

Section 39510 of the Health and Safety Code is
2amended to read:

3

39510.  

(a) The State Air Resources Board is continued in
4existence in the California Environmental Protection Agency. The
5state board shall consist of 12 members.

6(b) The members shall be appointed by the Governor, with the
7consent of the Senate, on the basis of their demonstrated interest
8and proven ability in the field of air pollution control and their
9understanding of the needs of the general public in connection
10with air pollution problems.

11(c) Six members shall have the following qualifications:

12(1) One member shall have training and experience in
13automotive engineering or closely related fields.

14(2) One member shall have training and experience in chemistry,
15meteorology, or related scientific fields, including agriculture or
16law.

17(3) One member shall be a physician and surgeon or an authority
18on health effects of air pollution.

19(4) Two members shall be public members.

20(5) One member shall have the qualifications specified in
21paragraph (1), (2), or (3) or shall have experience in the field of
22air pollution control.

23(d) Six members shall be board members from districts who
24shall reflect the qualitative requirements of subdivision (c) to the
25extent practicable. Of these members:

26(1) One shall be a board member from the south coast district.

27(2) One shall be a board member from the bay district.

28(3) One shall be a board member from the San Joaquin Valley
29Unified Air Pollution Control District.

30(4) One shall be a board member from the San Diego County
31Air Pollution Control District.

32(5) One shall be a board member from the Sacramento
33begin delete Metropolitan Air Quality Management District,end deletebegin insert district,end insert the Placer
34County Air Pollution Control District, the Yolo-Solano Air Quality
35Management District, the Feather River Air Quality Management
36District, or the El Dorado County Air Pollution Control District.

37(6) One shall be a board member of any other district.

38(e) Any vacancy shall be filled by the Governor within 30 days
39of the date on which it occurs. If the Governor fails to make an
40appointment for any vacancy within the 30-day period, the Senate
P220  1Committee on Rules may make the appointment to fill the vacancy
2in accordance with this section.

3(f) While serving on the state board, all members shall exercise
4their independent judgment as officers of the state on behalf of the
5interests of the entire state in furthering the purposes of this
6division. A member of the state board shall not be precluded from
7voting or otherwise acting upon any matter solely because that
8member has voted or acted upon the matter in his or her capacity
9as a member of a district board, except that a member of the state
10board who is also a member of a district board shall not participate
11in any action regarding his or her district taken by the state board
12pursuant to Sections 41503 to 41505, inclusive.

13

SEC. 117.  

Section 39710 of the Health and Safety Code is
14amended to read:

15

39710.  

For purposes of thisbegin delete part, fundend deletebegin insert chapter, “fundend insertbegin insertend insert means
16the Greenhouse Gas Reduction Fund, created pursuant to Section
1716428.8 of the Government Code.

18

SEC. 118.  

Section 39712 of the Health and Safety Code is
19amended to read:

20

39712.  

(a) (1) It is the intent of the Legislature that moneys
21shall be appropriated from the fund only in a manner consistent
22with the requirements of thisbegin delete partend deletebegin insert chapterend insert and Article 9.7
23(commencing with Section 16428.8) of Chapter 2 of Part 2 of
24Division 4 of Title 2 of the Government Code.

25(2) The state shall not approve allocations for a measure or
26program using moneys appropriated from the fund except after
27determining, based on the available evidence, that the use of those
28moneys furthers the regulatory purposes of Division 25.5
29(commencing with Section 38500) and is consistent with law. If
30any expenditure of moneys from the fund for any measure or
31project is determined by a court to be inconsistent with law, the
32allocations for the remaining measures or projects shall be
33severable and shall not be affected.

34(b) Moneys shall be used to facilitate the achievement of
35reductions of greenhouse gas emissions in this state consistent
36withbegin delete this divisionend deletebegin insert Division 25.5 (commencing with Section 38500)end insert
37 and, where applicable and to the extent feasible:

38(1) Maximize economic, environmental, and public health
39benefits to the state.

P221  1(2) Foster job creation by promoting in-state greenhouse gas
2 emissions reduction projects carried out by California workers and
3businesses.

4(3) Complement efforts to improve air quality.

5(4) Direct investment toward the most disadvantaged
6communities and households in the state.

7(5) Provide opportunities for businesses, public agencies,
8nonprofits, and other community institutions to participate in and
9benefit from statewide efforts to reduce greenhouse gas emissions.

10(6) Lessen the impacts and effects of climate change on the
11state’s communities, economy, and environment.

12(c) Moneys appropriated from the fund may be allocated,
13consistent with subdivision (a), for the purpose of reducing
14greenhouse gas emissions in this state through investments that
15may include, but are not limited to, any of the following:

16(1) Funding to reduce greenhouse gas emissions through energy
17efficiency, clean and renewable energy generation, distributed
18renewable energy generation, transmission and storage, and other
19related actions, including, but not limited to, at public universities,
20state and local public buildings, and industrial and manufacturing
21facilities.

22(2) Funding to reduce greenhouse gas emissions through the
23development of state-of-the-art systems to move goods and freight,
24advanced technology vehicles and vehicle infrastructure, advanced
25biofuels, and low-carbon and efficient public transportation.

26(3) Funding to reduce greenhouse gas emissions associated with
27water use and supply, land and natural resource conservation and
28management, forestry, and sustainable agriculture.

29(4) Funding to reduce greenhouse gas emissions through
30strategic planning and development of sustainable infrastructure
31projects, including, but not limited to, transportation and housing.

32(5) Funding to reduce greenhouse gas emissions through
33increased in-state diversion of municipal solid waste from disposal
34through waste reduction, diversion, and reuse.

35(6) Funding to reduce greenhouse gas emissions through
36investments in programs implemented by local and regional
37agencies, local and regional collaboratives, and nonprofit
38organizations coordinating with local governments.

P222  1(7) Fundingbegin delete inend delete research, development, and deployment of
2innovative technologies, measures, and practices related to
3programs and projects funded pursuant to thisbegin delete part.end deletebegin insert chapter.end insert

4

SEC. 119.  

Section 39716 of the Health and Safety Code is
5amended to read:

6

39716.  

(a) The Department of Finance, on behalf of the
7Governor, and in consultation with the state board and any other
8relevant state entity, shall develop and submit to the Legislature
9at the time of the department’s adjustments to the proposed
102013-14 fiscal year budget pursuant to subdivision (e) of Section
1113308 of the Government Code a three-year investment plan.
12Commencing with the 2016-17 fiscal year budget and every three
13years thereafter, with the release of the Governor’s budget proposal,
14the Department of Finance shall include updates to the investment
15plan following the public process described in subdivisions (b)
16and (c). The investment plan, consistent with the requirements of
17Section 39712, shall do all of the following:

18(1) Identify the state’s near-term and long-term greenhouse gas
19emissions reduction goals and targets by sector.

20(2) Analyze gaps, where applicable, in current state strategies
21to meeting the state’s greenhouse gas emissions reduction goals
22begin insert and targetsend insert by sector.

23(3) Identify priority programmatic investments of moneys that
24will facilitate the achievement of feasible and cost-effective
25greenhouse gas emissions reductions toward achievement of
26greenhouse gas reduction goals and targets by sector, consistent
27with subdivision (c) of Section 39712.

28(b) (1) The state board shall hold at least two public workshops
29in different regions of the state and one public hearing prior to the
30Department of Finance submitting the investment plan.

31(2) The state board shall, prior to the submission of each
32investment plan, consult with the Public Utilities Commission to
33ensure the investment plan is coordinated with, and does not
34conflict with or unduly overlap with, activities under the oversight
35or administration of the Public Utilities Commission undertaken
36pursuant to Part 5 (commencing with Section 38570) of Division
3725.5 or other activities under the oversight or administration of
38the Public Utilities Commission that facilitate greenhouse gas
39emissions reductions consistent with this division. The investment
40plan shall include a description of the use of any moneys generated
P223  1by the sale of allowances received at no cost by the investor-owned
2utilities pursuant to a market-based compliance mechanism.

3(c) The Climate Action Team, established under Executive
4Order S-3-05, shall provide information to the Department of
5Finance and the state board to assist in the development of each
6investment plan. The Climate Action Team shall participate in
7each public workshop held on an investment plan and provide
8testimony to the state board on each investment plan. For purposes
9of this section, the Secretary of Labor and Workforce Development
10shall assist the Climate Action Team in its efforts.

11

SEC. 120.  

Section 39718 of the Health and Safety Code is
12amended to read:

13

39718.  

(a) Moneys in the fund shall be appropriated through
14the annual Budget Act consistent with the investment plan
15developed and submitted pursuant to Section 39716.

16(b) Upon appropriation, moneys in thebegin delete Greenhouse Gas
17Reduction Fundend delete
begin insert fundend insert shall be available to the state board and to
18administering agencies for administrative purposes in carrying out
19this chapter.

20(c) Any repayment of loans, including interest payments and
21all interest earnings on or accruing to anybegin delete money,end deletebegin insert moneys,end insert resulting
22from implementation of this chapter shall be deposited in the
23begin delete Greenhouse Gas Reduction Fundend deletebegin insert fundend insert forbegin delete theend delete purposes of this
24chapter.

25

SEC. 121.  

Section 106985 of the Health and Safety Code is
26amended to read:

27

106985.  

(a) (1) Notwithstanding Section 2052 of the Business
28and Professions Code or any otherbegin delete provision ofend delete law, a radiologic
29technologist certified pursuant to the Radiologic Technology Act
30(Section 27) may, under the direct supervision of a licensed
31physician and surgeon, and in accordance with the facility’s
32protocol that meets, at a minimum, the requirements described in
33paragraph (2), perform venipuncture in an upper extremity to
34administer contrast materials, manually or by utilizing a mechanical
35injector, if the radiologic technologist has been deemed competent
36to perform that venipuncture, in accordance with paragraph (3),
37and issued a certificate, as described in subdivision (b).

38(2) (A) In administering contrast materials, a radiologic
39technologist may, to ensure the security and integrity of the
40needle’s placement or of an existing intravenous cannula, use a
P224  1saline-based solution conforms with the facility’s protocol and
2that has been approved by a licensed physician and surgeon. The
3protocol shall specify that only contrast materials or
4pharmaceuticals approved by the United States Food and Drug
5Administration may be used and shall also specify that the use
6shall be in accordance with the labeling.

7(B) A person who is currently certified as meeting the standards
8of competence in nuclear medicine technology pursuant to Article
96 (commencing with Section 107150) and who is authorized to
10perform a computerized tomography scanner only on a dual-mode
11machine, as described in Section 106976, may perform the conduct
12described in this subdivision.

13(3) Prior to performing venipuncture pursuant to paragraph (1),
14a radiologic technologist shall have performed at least 10
15venipunctures on live humans under the personal supervision of
16a licensed physician and surgeon, a registered nurse, or a person
17the physician or nurse has previously deemed qualified to provide
18personal supervision to the technologist for purposes of performing
19venipuncture pursuant to this paragraph. Only after completion of
20a minimum of 10 venipunctures may the supervising individual
21evaluate whether the technologist is competent to perform
22venipuncture under direct supervision. The number of
23venipunctures required in this paragraph are in addition to those
24performed for meeting the requirements of paragraph (2) of
25subdivision (d). The facility shall document compliance with this
26subdivision.

27(b) The radiologic technologist shall be issued a certificatebegin delete byend delete
28 as specified in subdivision (e) or by an instructor indicating
29satisfactory completion of the training and education described in
30subdivision (d). This certificate documents completion of the
31required education and training and may not, by itself, be construed
32to authorize a person to perform venipuncture or to administer
33contrast materials.

34(c) (1) “Direct supervision,” for purposes of this section, means
35the direction of procedures authorized by this section by a licensed
36physician and surgeon who shall be physically present within the
37facility and available within the facility where the procedures are
38performed, in order to provide immediate medical intervention to
39prevent or mitigate injury to the patient in the event of adverse
40reaction.

P225  1(2) “Personal supervision,” for purposes of this section, means
2the oversight of the procedures authorized by this section by a
3supervising individual identified in paragraph (3) of subdivision
4(a) who is physically present to observe, and correct, as needed,
5the performance of the individual who is performing the procedure.

6(d) The radiologic technologist shall have completed both of
7the following:

8(1) Received a total of 10 hours of instruction, including all of
9the following:

10(A) Anatomy and physiology of venipuncture sites.

11(B) Venipuncture instruments, intravenous solutions, and related
12equipment.

13(C) Puncture techniques.

14(D) Techniques of intravenous line establishment.

15(E) Hazards and complications of venipuncture.

16(F) Postpuncture care.

17(G) Composition and purpose of antianaphylaxis tray.

18(H) First aid and basic cardiopulmonary resuscitation.

19(2) Performed 10 venipunctures on a human or training
20mannequin upper extremity (for examplebegin insert, anend insert infusionbegin delete arm,end deletebegin insert arm
21or aend insert
mannequin arm) under personal supervision. If performance
22is on a human, only an upper extremity may be used.

23(e)  Schools for radiologic technologists shall include the
24training and education specified in subdivision (d). Upon
25satisfactory completion of the training and education, the school
26shall issue to the student a completion document. This document
27may not be construed to authorize a person to perform venipuncture
28or to administer contrast materials.

29(f)  Nothing in this section shall be construed to authorize a
30radiologic technologist to perform arterial puncture, any central
31venous access procedures including repositioning of previously
32placed central venous catheter except as specified in paragraph (1)
33of subdivision (a), or cutdowns, or establish an intravenous line.

34(g) This section shall not be construed to apply to a person who
35is currently certified as meeting the standards of competence in
36nuclear medicine technology pursuant to Article 6 (commencing
37with Section 107150), except as provided in subparagraph (B) of
38paragraph (2) of subdivision (a).

39(h) Radiologic technologists who met the training and education
40requirements of subdivision (d) prior to January 1, 2013, need not
P226  1repeat those requirements, or perform the venipunctures specified
2in paragraph (3) of subdivision (a), provided the facility documents
3that the radiologic technologist is competent to perform the tasks
4specified in paragraph (1) of subdivision (a).

5

SEC. 122.  

Section 114365.5 of the Health and Safety Code is
6amended to read:

7

114365.5.  

(a) The department shall adopt and post on its
8Internet Web site a list ofbegin delete not potentiallyend deletebegin insert nonpotentiallyend insert hazardous
9foods and their ethnic variations that are approved for sale by a
10cottage food operation. A cottage food product shall not be
11potentially hazardous food, as defined in Section 113871.

12(b) This list of nonpotentially hazardous foods shall include,
13but not be limited to, all of the following:

14(1) Baked goods without cream, custard, or meat fillings, such
15as breads, biscuits, churros, cookies, pastries, and tortillas.

16(2) Candy, such as brittle and toffee.

17(3) Chocolate-covered nonperishable foods, such as nuts and
18dried fruit.

19(4) Dried fruit.

20(5) Dried pasta.

21(6) Dry baking mixes.

22(7) Fruit pies, fruit empanadas, and fruit tamales.

23(8)  Granola, cereals, and trail mixes.

24(9) Herb blends and dried mole paste.

25(10) Honey and sweet sorghum syrup.

26(11) Jams, jellies, preserves, and fruit butter that comply with
27the standard described in Part 150 of Title 21 of the Code of
28Federal Regulations.

29(12) Nut mixes and nut butters.

30(13) Popcorn.

31(14) Vinegar and mustard.

32(15) Roasted coffee and dried tea.

33(16) Waffle cones and pizelles.

34(c) (1) The State Public Health Officer may add or delete food
35products to or from the list described in subdivision (b), which
36shall be known as the approved food products list. Notice of any
37change to the approved food products list shall be posted on the
38department’s cottage food program Internet Web site, to also be
39known as the program Internet Web site for purposes of this
40chapter. Any change to the approved food products list shall
P227  1become effective 30 days after the notice is posted. The notice
2shall state the reason for the change, the authority for the change,
3and the nature of the change. The notice will provide an opportunity
4for written comment by indicating the address to which to submit
5the comment and the deadline by which the comment is required
6to be received by the department. The address to which the
7comment is to be submitted may be an electronic site. The notice
8shall allow at least 20 calendar days for comments to be submitted.
9The department shall consider all comments submitted before the
10due date. The department may withdraw the proposed change at
11any time by notification on the program Internet Web site or
12through notification by other electronic means. The approved food
13products list described in subdivision (b), and any updates to the
14list, shall not be subject to the administrative rulemaking
15requirements of Chapter 3.5 (commencing with Section 11340) of
16Part 1 of Division 3 of Title 2 of the Government Code.

17(2) The State Public Health Officer shall not remove any items
18from the approved food products list unless the State Public Health
19Officer also posts information on the program Internet Web site
20explaining the basis upon which the removed food item has been
21determined to be potentially hazardous.

22

SEC. 123.  

Section 114380 of the Health and Safety Code is
23amended to read:

24

114380.  

(a) A person proposing to build or remodel a food
25facility shall submit complete, easily readable plans drawn to scale,
26and specifications to the enforcement agency for review, and shall
27receive plan approval before starting any new construction or
28remodeling ofbegin delete anyend deletebegin insert aend insert facility for use as a retail food facility.

29(b) Plans and specifications may also be required by the
30enforcement agency if the agency determines that they are
31necessary tobegin delete assureend deletebegin insert ensureend insert compliance with the requirements of
32this part, including, but not limited to, a menu change or change
33in the facility’s method of operation.

34(c) (1) All new school food facilities or school food facilities
35that undergo modernization or remodeling shall comply with all
36structural requirements of this part. Upon submission of plans by
37a public school authority, thebegin delete Officeend deletebegin insert Divisionend insert of the State Architect
38and the local enforcement agency shall review and approve all
39new and remodeled school facilities for compliance with all
40applicable requirements.

P228  1(2) Notwithstanding subdivision (a), the Office of Statewide
2Health Planning and Development (OSHPD) shall maintain its
3primary jurisdiction over licensed skilled nursing facilities, and
4when new construction, modernization, or remodeling must be
5undertaken to repair existing systems or to keep up the course of
6normal or routine maintenance, the facility shall complete a
7building application and plan check process as required by OSHPD.
8Approval of the plans by OSHPD shall be deemed compliance
9with the plan approval process required by the local county
10enforcement agency described in this section.

11(3) Except when a determination is made by the enforcement
12agency that the nonconforming structural conditions pose a public
13health hazard, existing public and private school cafeterias and
14licensed health care facilities shall be deemed to be in compliance
15with this part pending replacement or renovation.

16(d) Except when a determination is made by the enforcement
17 agency that the nonconforming structural conditions pose a public
18health hazard, existing food facilities that were in compliance with
19the law in effect on June 30, 2007, shall be deemed to be in
20compliance with the law pending replacement or renovation. If a
21determination is made by the enforcement agency that a structural
22condition poses a public health hazard, the food facility shall
23remedy the deficiency to the satisfaction of the enforcement
24agency.

25(e) The plans shall be approved or rejected within 20 working
26days after receipt by the enforcement agency and the applicant
27shall be notified of the decision. Unless the plans are approved or
28rejected within 20 working days, they shall be deemed approved.
29The building department shall not issue a building permit for a
30food facility until after it has received plan approval by the
31enforcement agency. Nothing in this section shall require that plans
32or specifications be prepared by someone other than the applicant.

33

SEC. 124.  

Section 116565 of the Health and Safety Code is
34amended to read:

35

116565.  

(a) Each public water system serving 1,000 or more
36service connections, and any public water system that treats water
37on behalf of one or more public water systems for the purpose of
38rendering it safe for human consumption, shall reimburse the
39department for the actual cost incurred by the department for
40conducting those activities mandated by this chapter relating to
P229  1the issuance of domestic water supply permits, inspections,
2monitoring, surveillance, and water quality evaluation that relate
3to that specific public water system. The amount of reimbursement
4shall be sufficient to pay, but in no event shall exceed, the
5department’s actual cost in conducting these activities.

6(b) Each public water system serving fewer than 1,000 service
7connections shall pay an annual drinking water operating fee to
8the department as set forth in this subdivision for costs incurred
9by the department for conducting those activities mandated by this
10chapter relating to inspections, monitoring, surveillance, and water
11quality evaluation relating to public water systems. The total
12amount of fees shall be sufficient to pay, but in no event shall
13exceed, the department’s actual cost in conducting these activities.
14Notwithstanding adjustment of actual fees collected pursuant to
15Section 100425 as authorized pursuant to subdivision (d) of Section
16begin delete 106590,end deletebegin insert 116590,end insert the amount that shall be paid annually by a public
17water system pursuant to this section shall be as follows:

18(1) Community water systems, six dollars ($6) per service
19connection, but not less than two hundred fifty dollars ($250) per
20water system, which may be increased by the department, as
21provided for in subdivision (f), to ten dollars ($10) per service
22connection, but not less than two hundred fifty dollars ($250) per
23water system.

24(2) Nontransient noncommunity water systems pursuant to
25subdivision (k) of Section 116275, two dollars ($2) per person
26served, but not less than four hundred fifty-six dollars ($456) per
27water system, which may be increased by the department, as
28provided for in subdivision (f), to three dollars ($3) per person
29served, but not less than four hundred fifty-six dollars ($456) per
30water system.

31(3) Transient noncommunity water systems pursuant to
32subdivision (o) of Section 116275, eight hundred dollars ($800)
33per water system, which may be increased by the department, as
34provided for in subdivision (f), to one thousand three hundred
35thirty-five dollars ($1,335) per water system.

36(4) Noncommunity water systems in possession of a current
37exemption pursuant to former Section 116282 on January 1, 2012,
38one hundred two dollars ($102) per water system.

39(c) For purposes of determining the fees provided for in
40subdivision (a), the department shall maintain a record of its actual
P230  1costs for pursuing the activities specified in subdivision (a) relative
2to each system required to pay the fees. The fee charged each
3system shall reflect the department’s actual cost, or in the case of
4a local primacy agency the local primacy agency’s actual cost, of
5conducting the specified activities.

6(d) The department shall submit an invoice for cost
7reimbursement for the activities specified in subdivision (a) to the
8public water systems no more than twice a year.

9(1) The department shall submit one estimated cost invoice to
10public water systems serving 1,000 or more service connections
11and any public water system that treats water on behalf of one or
12more public water systems for the purpose of rendering it safe for
13human consumption. This invoice shall include the actual hours
14expended during the first six months of the fiscal year. The hourly
15cost rate used to determine the amount of the estimated cost invoice
16shall be the rate for the previous fiscal year.

17(2) The department shall submit a final invoice to the public
18water systembegin delete prior toend deletebegin insert beforeend insert October 1 following the fiscal year
19that the costs were incurred. The invoice shall indicate the total
20hours expended during the fiscal year, the reasons for the
21expenditure, the hourly cost rate of the department for the fiscal
22year, the estimated cost invoice, and payments received. The
23amount of the final invoice shall be determined using the total
24hours expended during the fiscal year and the actual hourly cost
25rate of the department for the fiscal year. The payment of the
26estimated invoice, exclusive of late penalty, if any, shall be credited
27toward the final invoice amount.

28(3) Payment of the invoice issued pursuant to paragraphs (1)
29and (2) shall be made within 90 days of the date of the invoice.
30Failure to pay the amount of the invoice within 90 days shall result
31in a 10-percent late penalty that shall be paid in addition to the
32invoiced amount.

33(e) Any public water system under the jurisdiction of a local
34primacy agency shall pay the fees specified in this section to the
35local primacy agency in lieu of the department. This section shall
36not preclude a local health officer from imposing additional fees
37pursuant to Section 101325.

38(f) The department may increase the fees established in
39subdivision (b) as follows:

P231  1(1) By February 1 of the fiscal year prior to the fiscal year for
2which fees are proposed to be increased, the department shall
3publish a list of fees for the following fiscal year and a report
4showing the calculation of the amount of the fees.

5(2) The department shall make the report and the list of fees
6available to the public by submitting them to the Legislature and
7posting them on the department’s Internet Web site.

8(3) The department shall establish the amount of fee increases
9subject to the approval and appropriation by the Legislature.

10

SEC. 125.  

Section 120365 of the Health and Safety Code is
11amended to read:

12

120365.  

(a) Immunization of a person shall not be required
13for admission to a school or other institution listed in Section
14120335 if the parent or guardian or adult who has assumed
15responsibility for his or her care and custody in the case of a minor,
16or the person seeking admission if an emancipated minor, files
17with the governing authority a letter or affidavit that documents
18which immunizations required by Section 120355 have beenbegin delete given,end delete
19begin insert givenend insert and which immunizations have not been given on the basis
20that they are contrary to his or her beliefs.

21(b) On and after January 1, 2014, a form prescribed by the State
22Department of Public Health shall accompany the letter or affidavit
23filed pursuant to subdivision (a). The form shall include both of
24the following:

25(1) A signed attestation from the health care practitioner that
26indicates that the health care practitioner provided the parent or
27guardian of the person who is subject to the immunization
28requirements of this chapter, the adult who has assumed
29responsibility for the care and custody of the person, or the person
30if an emancipated minor, with information regarding the benefits
31and risks of the immunization and the health risks of the
32communicable diseases listed in Section 120335 to the person and
33to the community. This attestation shall be signed not more than
34six monthsbegin delete prior toend deletebegin insert beforeend insert the date when the person first becomes
35subject to the immunization requirement for which exemption is
36being sought.

37(2) A written statement signed by the parent or guardian of the
38person who is subject to the immunization requirements of this
39chapter, the adult who has assumed responsibility for the care and
40custody of the person, or the person if an emancipated minor, that
P232  1indicates that the signer has received the information provided by
2the health care practitioner pursuant to paragraph (1). This
3statement shall be signed not more than six monthsbegin delete prior toend deletebegin insert beforeend insert
4 the date when the person first becomes subject to the immunization
5requirements as a condition of admittance to a school or institution
6pursuant to Section 120335.

7(c) The following shall be accepted in lieu of the original form:

8(1) A photocopy of the signed form.

9(2) A letter signed by a health care practitioner that includes all
10information and attestations included on the form.

11(d) Issuance and revision of the form shall be exempt from the
12rulemaking provisions of the Administrative Procedure Act
13(Chapter 3.5 (commencing with Section 11340) of Part 1 of
14Division 3 of Title 2 of the Government Code).

15(e) When there is good cause to believe that the person has been
16exposed to one of the communicable diseases listed in subdivision
17(a) of Section 120325, that person may be temporarily excluded
18from the school or institution until the local health officer is
19satisfied that the person is no longer at risk of developing the
20disease.

21(f) For purposes of this section, “health care practitioner” means
22any of the following:

23(1) A physician and surgeon, licensed pursuant to Section 2050
24of the Business and Professions Code.

25(2) A nurse practitioner who is authorized to furnish drugs
26pursuant to Section 2836.1 of the Business and Professions Code.

27(3) A physician assistant who is authorized to administer or
28provide medication pursuant to Section 3502.1 of the Business
29and Professions Code.

30(4) An osteopathic physician and surgeon, as defined in the
31Osteopathic Initiative Act.

32(5) A naturopathic doctor who is authorized to furnish or order
33drugs under a physician and surgeon’s supervision pursuant to
34Section 3640.5 of the Business and Professions Code.

35(6) A credentialed school nurse, as described in Section 49426
36of the Education Code.

37

SEC. 126.  

Section 123327 of the Health and Safety Code is
38amended to read:

39

123327.  

(a) The department shall provide written notice to a
40retail food vendor if the department determines that the vendor
P233  1has committed an initial violation for which a pattern of the
2violation must be established to impose a sanction. Notice shall
3be provided no later than 30 days after the department determines
4the first investigation that identified the violation is complete.

5(b) The written notice shall be delivered to the vendor 30 days
6before the department conducts a second investigation for purposes
7of establishing a pattern of the violation to the vendor’s most recent
8business ownership address on file with the department or to the
9vendor location upon identification of a violation duringbegin delete theend delete vendor
10monitoring, as defined by Section 40743 of Title 22 of the
11California Code of Regulations.

12(c) The written notice shall include a description of the initial
13violation and may include information to assist the vendor to take
14corrective action, including, but not limited to, a 60-day window
15that includes the date of the violation.

16(d) For purposes of this section, “violation” means a violation
17set forth in Section 246.2 of Title 7 of the Code of Federal
18Regulations.

19(e) It is the intent of the Legislature in enacting this section to
20clarify existing law.

21

SEC. 127.  

Section 123940 of the Health and Safety Code is
22amended to read:

23

123940.  

(a) (1) Annually, the board of supervisors shall
24appropriate a sum of money for services for handicapped children
25of the county, including diagnosis, treatment, and therapy services
26for physically handicapped children in public schools, equal to 25
27percent of the actual expenditures for the county program under
28this article for the 1990-91 fiscal year, except as specified in
29paragraph (2).

30(2) If the state certifies that a smaller amount is needed in order
31for the county to pay 25 percent of costs of the county’s program
32from this source. The smaller amount certified by the state shall
33be the amount that the county shall appropriate.

34(b) In addition to the amount required by subdivision (a), the
35county shall allocate an amount equal to the amount determined
36pursuant to subdivision (a) for purposes of this article from
37revenues allocated to the county pursuant to Chapter 6
38(commencing with Section 17600) of Division 9 of the Welfare
39and Institutions Code.

P234  1(c) (1) The state shall match county expenditures for this article
2from funding provided pursuant to subdivisions (a) and (b).

3(2) County expenditures shall be waived for payment of services
4for children who are eligible pursuant to paragraph (2) of
5subdivision (a) of Section 123870.

6(d) The county may appropriate and expend moneys in addition
7to those set forth inbegin delete subdivisionend deletebegin insert subdivisionsend insert (a) and (b) and the
8state shall match the expenditures, on a dollar-for-dollar basis, to
9the extent that state funds are available for this article.

10(e) County appropriations under subdivisions (a) and (b) shall
11include county financial participation in the nonfederal share of
12expenditures for services for children who are enrolled in the
13Medi-Cal program pursuant to Section 14005.26 of the Welfare
14and Institutions Code, and who are eligible for services under this
15article pursuant to paragraph (1) of subdivision (a) of Section
16123870, to the extent that federal financial participation is available
17at the enhanced federal reimbursement rate under Title XXI of the
18federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.) and
19funds are appropriated for the California Children’s Services
20Program in the State Budget.

21(f) Nothing in this section shall require the county to expend
22more than the amount set forth in subdivision (a) plus the amount
23set forth in subdivision (b) nor shall it require the state to expend
24more than the amount of the match set forth in subdivision (c).

25(g) Notwithstanding Chapter 3.5 (commencing with Section
2611340) of Part 1 of Division 3 of Title 2 of the Government Code,
27the department, without taking further regulatory action, shall
28implement this section by means of California Children’s Services
29numbered letters.

30

SEC. 128.  

Section 123955 of the Health and Safety Code is
31amended to read:

32

123955.  

(a) The state and the counties shall share in the cost
33of administration of the California Children’s Services Program
34at the local level.

35(b) (1) The director shall adopt regulations establishing
36minimum standards for the administration, staffing, and local
37implementation of this article subject to reimbursement by the
38state.

39(2) The standards shall allow necessary flexibility in the
40administration of county programs, taking into account the
P235  1variability of county needs and resources, and shall be developed
2and revised jointly with state and county representatives.

3(c) The director shall establish minimum standards for
4administration, staffing and local operation of the program subject
5to reimbursement by the state.

6(d) Until July 1, 1992, reimbursable administrative costs, to be
7paid by the state to counties, shall not exceed 4.1 percent of the
8gross total expenditures for diagnosis, treatmentbegin insert,end insert and therapy by
9counties as specified in Section 123940.

10(e) Beginning July 1, 1992, this subdivision shall apply with
11respect to all of the following:

12(1) Counties shall be reimbursed by the state for 50 percent of
13the amount required to meet state administrative standards for that
14portion of the county caseload under this article that is ineligible
15for Medi-Cal to the extent funds are available in the State Budget
16for the California Children’s Services Program.

17(2) Counties shall be reimbursed by the state for 50 percent of
18the nonfederal share of the amount required to meet state
19administrative standards for that portion of the county caseload
20under this article that is enrolled in the Medi-Cal program pursuant
21to Section 14005.26 of the Welfare and Institutions Code and who
22are eligible for services under this article pursuant to subdivision
23(a) of Section 123870, to the extent that federal financial
24participation is available at the enhanced federal reimbursement
25rate under Title XXI of the federal Social Security Act (42 U.S.C.
26Sec. 1397aa et seq.) and funds are appropriated for the California
27Children’s Services Program in the State Budget.

28(3) On or before September 15 of each year, each county
29program implementing this article shall submit an application for
30the subsequent fiscal year that provides information as required
31by the state to determine if the county administrative staff and
32budget meet state standards.

33(4) The state shall determine the maximum amount of state
34funds available for each county from state funds appropriated for
35CCS county administration. If the amount appropriated for any
36fiscal year in the Budget Act for county administration under this
37article differs from the amounts approved by the department, each
38county shall submit a revised application in a form and at the time
39specified by the department.

P236  1(f) The department and counties shall maximize the use of
2federal funds for administration of the programs implemented
3pursuant to this article, including using state and county funds to
4match funds claimable under Title XIX or Title XXI of the federal
5Social Security Act (42 U.S.C. Sec. 1396 et seq.; 42 U.S.C. Sec.
61397aa et seq.).

7

SEC. 129.  

Section 125286.20 of the Health and Safety Code
8 is amended to read:

9

125286.20.  

Unless the context otherwise requires, the following
10definitions shall apply for purposes of this article:

11(a) “Assay” means the amount of a particular constituent of a
12mixture or of the biological or pharmacological potency of a drug.

13(b) “Ancillary infusion equipment and supplies” means the
14equipment and supplies required to infuse a blood clotting product
15into a human vein, including, but not limited to, syringes, needles,
16sterile gauze, field pads, gloves, alcohol swabs, numbing creams,
17tourniquets, medical tape, sharps or equivalent biohazard waste
18containers, and cold compression packs.

19(c) “Bleeding disorder” means a medical condition characterized
20 by a deficiency or absence of one or more essential blood clotting
21proteins in the human blood, often called “factors,” including all
22forms of hemophilia and other bleeding disorders that, without
23treatment, result in uncontrollable bleeding or abnormal blood
24clotting.

25(d) “Blood clotting product” means an intravenously