Amended in Senate June 12, 2014

Amended in Assembly May 14, 2014

Amended in Assembly May 5, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2747

Introduced by Committee on Judiciary (Assembly Members Wieckowski (Chair), Alejo, Chau, Dickinson, Garcia, Muratsuchi, and Stone)

March 4, 2014

An act to amend Sections begin insert 56.06, end insert 1633.3, 1936, and 1942.2 of the Civil Code, to amend Sections 415.46, 1174.25, 1174.3, 1501.5, 1571, 1987, and 2025.510 of the Code of Civil Procedure, to amend Sections 912, 917, and 1038.2 of the Evidence Code, to amend Sections 504 and 2251 of the Family Code, to amend Sections 831.7, 8214.15, 60371, 68085.1, 68631, and 68632 of, to add Sections 6103.13 and 68631.5 to, and to repeal Section 1456 of, the Government Code, to amend Section 1569.698 of the Health and Safety Code, to amend Section 11163.3 of the Penal Code, to amend Sections 1811, 1812, 1813, 2356.5, and 6401 of the Probate Code, to amend Section 21189.2 of the Public Resources Code, and to repeal Chapter 4.2 (commencing with Section 10830) of Part 2 of Division 9 of the Welfare and Institutions Code, relating to civil law.

LEGISLATIVE COUNSEL’S DIGEST

AB 2747, as amended, Committee on Judiciary. Civil law: omnibus bill.

(1) Existing law, the Uniform Electronic Transactions Act, generally allows parties to contract to conduct transactions by electronic means and imposes specified requirements on electronic transactions. That act does not apply to specific transactions, including a transaction regarding security for a rental agreement for residential property that is used as the dwelling of the tenant.

This bill would remove those security transactions from the list of transactions to which the Uniform Electronic Transactions Act does not apply.

(2) Existing law governs contracts between vehicle rental companies and their customers. Existing law, until January 1, 2015, requires a rental company or its registered agent to accept service of a summons and complaint and any other required documents against a renter who resides out of this country for an accident or collision resulting from the operation of the rental vehicle in this state, if the rental company provides liability insurance coverage as part of, or associated with, the rental agreement. Existing law requires any plaintiff who elects to serve the foreign renter by delivering the summons and complaint and any other required documents to the rental company pursuant to these provisions to agree to limit his or her recovery against the foreign renter and rental company to the limits of the protection of the liability insurance.

This bill would extend these requirements until January 1, 2020.

(3) Existing law governs the obligations of tenants and landlords under a lease or tenancy. Existing law authorizes a tenant who has made a payment to a public utility or publicly owned utility to deduct the amount of the payment from the rent when due, as specified.

This bill would additionally authorize a tenant who has made a payment to a district for public utility service to deduct the amount of the payment from the rent when due, as specified.

Existing law provides that whenever a district, as defined, furnishes residential light, heat, water, or power through a master meter, or furnishes individually metered service in a multiunit residential structure, mobilehome park, or farm labor camp where the owner, manager, or farm labor employer is listed by the district as the customer of record, the district is required to make every good faith effort to inform the actual users of the services, by means of a specified notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination and further provides for the district to make service available to actual users who are willing and able to assume responsibility for the entire account.

This bill would additionally require a district to provide that notice to actual users in a single-family dwelling. The bill would require that the notice be written in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The bill would instead provide for the district to make service available to actual users who are willing and able to assume responsibility for subsequent charges to the account. By imposing on special districts additional requirements regarding termination of residential utility service, the bill would impose a state-mandated local program.

(4) Existing law generally provides, in an unlawful detainer action, that if an owner or owner’s agent has obtained service of a prejudgment claim of right to possession, as specified, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of the judgment against that occupant by filing a claim of right to possession as prescribed. Existing law provides, in any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to specified provisions, that the above provisions regarding objection to the enforcement of a judgment do not limit the right of a tenant or subtenant to file a prejudgment claim of right of possession or to object to enforcement of a judgment for possession by filing a claim of right to possession, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession, as specified. Existing law includes the forms for claim of right to possession and for service of a prejudgment claim of right to possession.

This bill, with regard to the foreclosure sale provision in existing law, would make conforming changes to statutory provisions and statutory forms regarding claim of right to possession and prejudgment claim of right to possession.

(5) Existing law, known as the Unclaimed Property Law, provides for the escheat to the state of, among other property, certain personal property held or owing in the ordinary course of the holder’s business. Existing law declares the intent of the Legislature to adopt a more expansive notification component as part of the unclaimed property program that has a waiting period of not less than 18 months from delivery of property to the state prior to disposal of any unclaimed property deemed to have no commercial value. The Unclaimed Property Law also vests the Commissioner of Financial Institutions with full authority to examine the records of any banking organization and any savings association doing business within this state for the purposes of determining compliance pursuant to its provisions.

This bill would modify the declaration of legislative intent to provide for a 7-year waiting period from delivery of property to the state prior to the disposal of unclaimed property. The bill would also update an obsolete reference.

(6) Existing law requires personal service, with certain exceptions, of a subpoena requiring the appearance of a witness. The appearance of a party or an officer, director, or managing agent of a party, however, may be compelled by written notes in lieu of a subpoena.

This bill would also permit the appearance of an employee of a party to be compelled by written notices to the party employing the witness in lieu of personally serving the employee with a subpoena.

(7) Existing law requires the party noticing a deposition to bear the cost of stenographically transcribing the deposition, unless the court, on motion and for good cause shown, orders that the cost be borne or shared by another party. Existing law provides that any other party or the deponent is authorized to obtain a copy of the transcript at the expense of that party or deponent. Existing law requires the requesting attorney or party appearing in propria persona to timely pay the deposition officer or the entity providing the services of the deposition officer for the transcription or copy of the transcription and any other requested deposition product or service, as defined.

This bill would, unless the parties agree otherwise, require a party or a party’s attorney who disputes the reasonableness of fees charged by a deposition officer or an entity providing the services of a deposition officer for a deposition transcription or copy of a transcription, or any other deposition product or service, as specified, to file an independent civil action to determine the reasonableness of the fees charged.

(8) Existing law governs the admissibility of evidence in court proceedings and permits a person to claim an evidentiary privilege for confidential communications between that person and a specified individual, including, but not limited to, a lawyer, physician, clergy member, sexual assault counselor, and domestic violence counselor, among others, and the communication is presumed to have been made in confidence with the burden lying with the opponent of the claim of privilege to rebut the presumption. Existing law also recognizes a lawyer referral service-client privilege and a human trafficking caseworker-victim privilege, but does not extend the presumption of confidentiality to communications between those parties. Existing law provides that the right to claim the evidentiary privilege for confidential communications is waived if any holder of the privilege has, without coercion, disclosed a significant part of the communication or consented to disclosure of the communication, as specified.

This bill would provide that the communications made between a client and a lawyer referral service, and between a victim and a human trafficking counselor, are also presumed to be confidential, such that the opponent of the privilege would have the burden to rebut the presumption. The bill would also provide that the evidentiary privilege for confidential communications made between a victim, as defined, and a human trafficking counselor are presumed to have been made in confidence, and would apply the above-described waiver provision to the disclosure of those communications. The bill would also make technical, nonsubstantive changes to these provisions.

(9) Existing law authorizes the county clerk to issue a confidential marriage license upon the personal appearance together of the parties to be married, except as specified, and their payment of certain fees. Existing law provides that a confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk and requires that it be used only in the county in which it was issued.

This bill would delete the requirement that a confidential marriage license only be used in the county in which it was issued.

(10) Existing law specifies the circumstances under which a marriage is void or voidable. Existing law requires a court, if a determination is made that a marriage is void or voidable and either party believed in good faith that the marriage was valid, to declare the party or parties to have the status of putative spouse and to divide the property that would have been community property if the marriage was valid as if it were community property.

This bill would prohibit the court from making these declarations or orders unless the party or parties that believed in good faith that the marriage was valid request the court to do so.

(11) Existing law governs the tort liability and immunity of, and claims and actions against, a public entity. Existing law provides that neither a public entity nor a public employee is liable to a person who participates in a hazardous recreational activity, defined to include, among other things, bicycle racing or jumping and mountain bicycling.

This bill would include bicycle motocross within the definition of a hazardous recreational activity.

(12) Existing law requires the official bond of the Secretary of State to be filed in the office of the Treasurer after it is recorded.

This bill would repeal that provision.

(13) Existing law exempts the state, any county, city, district, or other political subdivision, any public officer or body, acting in his or her official capacity on behalf of the state, county, city, district, or other district or other political subdivision, from paying or depositing any fee for the filing of any document or paper, for the performance of any official service, or for the filing of any stipulation or agreement which may constitute an appearance in any court by any other party to the stipulation or agreement, except as specified.

Existing law requires the property of a decedent’s estate to be appraised by a probate referee, the personal representative of the estate, or an independent expert, as specified. Existing law provides that, upon designation by the court, a probate referee has all the powers of a referee of the superior court.

This bill would exempt a probate referee acting in his or her official capacity and who performs any act authorized or required pursuant to the Probate Code from paying or depositing specified fees in any proceeding that may constitute an appearance by a party to a legal proceeding, except as specified.

(14) Existing law authorizes the Secretary of State to appoint and commission notaries public in such number as the secretary deems necessary for the public convenience. Existing law authorizes the secretary to refuse to appoint any person as notary public or to revoke or suspend the commission of any notary public upon specified grounds. Existing law also makes specified violations by a notary public punishable by a civil penalty not to exceed $750 or $1,500.

This bill would make a willful failure by a notary public to discharge fully and faithfully any of the duties or responsibilities of a notary public punishable by a civil fine not to exceed $1,500.

(15) Existing law requires the court to grant a fee waiver to an applicant at any stage of the proceedings at both the appellate and trial court levels if the applicant meets specified standards of eligibility and application requirements, including a person who is receiving certain public benefits, such as Supplemental Security Income. An initial fee waiver excuses the applicant from paying fees for the first pleading or other paper, and other court fees and costs, unless the court orders the applicant to make partial payments, as specified.

This bill would authorize the court, upon the establishment of a conservatorship or guardianship, to collect all or part of any fees waived from the estate of the conservatee or ward if the court finds that the estate has the ability to pay the fees, or a portion thereof, immediately, over a period of time, or under an equitable agreement, without using moneys that normally would pay for the common necessaries of life for the applicant and the applicant’s family. This bill would provide, for the purposes of these provisions for fee waivers, that an “applicant” is deemed to be a conservatee, ward, or person for whom a conservatorship or guardianship is sought, and “petitioner” is deemed to be the conservator, guardian, or person or persons seeking to establish the conservatorship or guardianship. This bill would permit a person who files a petition for appointment of a fiduciary in a guardianship or conservatorship, or files pleadings as the appointed fiduciary of a conservatee or ward, when the financial condition of the conservatee or ward meets the standards for a fee waiver, to proceed without paying court fees and costs. This bill would also clarify that assessments for specified court investigations for the establishment of a conservatorship or guardianship are included as court fees and costs to be excused under an initial fee waiver.

(16) Existing law authorizes a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, and authorizes the confidential disclosure by an individual or agency of written or oral information, including those that are subject to the evidentiary privilege for confidential communications, as specified.

This bill would authorize the confidential disclosure of communications protected by the human trafficking caseworker-victim privilege. The bill would also revise a cross-reference in this provision.

(17) Existing law governs the disposal of a decedent’s estate by intestate succession and declares that the surviving spouse or surviving domestic partner is entitled to a specified share of the decedent’s separate property that is not effectively disposed of by will.

This bill would delete the reference to a surviving domestic partner from this provision.

(18) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA establishes procedures for creating the administrative record and judicial review procedure for any action or proceeding brought to challenge the lead agency’s decision to certify the EIR or to grant project approvals.

The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 establishes, until January 1, 2017, alternative procedures for creating the administrative record and specified judicial review procedures for the judicial review of the EIR and approvals granted for a leadership project related to the development of a residential, retail, commercial, sports, cultural, entertainment, or recreational use project, or clean renewable energy or clean energy manufacturing project. The act authorizes the Governor, upon application, to certify a leadership project for streamlining pursuant to the act if certain conditions are met. The act requires the Judicial Council to report to the Legislature on or before January 1, 2015, on the effects of the act, including specific information on benefits, costs, and detriments.

The bill would require instead that the Judicial Council report to the Legislature on or before January 1, 2017, on the effects of the act on the administration of justice.

(19) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Under the CalWORKs program, a county may make a restricted payment directly to a vendor when a recipient of homeless assistance benefits has mismanaged funds or has requested the restricted payment.

Existing law authorizes a county, or 2 or more counties, to implement 3-year CalWORKs demonstration projects to test alternative methods of service delivery, if the county receives approval from the Director of Social Services. Existing law also specifically authorizes the director to conduct a demonstration project in Kern County pertaining to restricted payments under the CalWORKs program. Existing law limits the duration of this demonstration project to a period of not more than 3 years.

This bill would repeal the provisions authorizing that demonstration project in Kern County.

(20) The bill would also make technical, nonsubstantive changes to provisions relating to the courts, health facilities, and conservatorships.

(21) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

It is the intent of the Legislature in amending
Sections 415.46, 1174.25, and 1174.3 of the Code of Civil
Procedure to appropriately update statutory language and statutory
forms to properly reflect the changes to law enacted by Assembly
Bill 2610, Chapter 562 of the Statutes of 2012.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 56.06 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

56.06.  

(a) Any business organized for the purpose of
maintaining medical information, as defined in subdivision (g) of
Section 56.05, in order to make the information available to an
individual or to a provider of health care at the request of the
individual or a provider of health care, for purposes of allowing
the individual to manage his or her information, or for the diagnosis
and treatment of the individual, shall be deemed to be a provider
of health care subject to the requirements of this part. However,
nothing in this section shall be construed to make a business
specified in this subdivision a provider of health care for purposes
of any law other than this part, including laws that specifically
incorporate by reference the definitions of this part.

(b) Any business that offers software or hardware to consumers,
including a mobile application or other related device that is
designed to maintain medical information, as defined in subdivision
begin delete (g) end delete begin insert (j) end insert of Section 56.05, in order to make the information available
to an individual or a provider of health care at the request of the
individual or a provider of health care, for purposes of allowing
the individual to manage his or her information, or for the
diagnosis, treatment, or management of a medical condition of the
individual, shall be deemed to be a provider of health care subject
to the requirements of this part. However, nothing in this section
shall be construed to make a business specified in this subdivision
a provider of health care for purposes of any law other than this
part, including laws that specifically incorporate by reference the
definitions of this part.

(c) Any business described in subdivision (a) or (b) shall
maintain the same standards of confidentiality required of a
provider of health care with respect to medical information
disclosed to the business.

(d) Any business described in subdivision (a) or (b) shall be
subject to the penalties for improper use and disclosure of medical
information prescribed in this part.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 1633.3 of the Civil Code, as amended by
Section 16.5 of Chapter 605 of the Statutes of 2013, is amended
to read:

1633.3.  

(a) Except as otherwise provided in subdivisions (b)
and (c), this title applies to electronic records and electronic
signatures relating to a transaction.

(b) This title does not apply to transactions subject to the
following laws:

(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.

(2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1206 and 1306.

(3) Divisions 3 (commencing with Section 3101), 4
(commencing with Section 4101), 5 (commencing with Section
5101), 8 (commencing with Section 8101), 9 (commencing with
Section 9101), and 11 (commencing with Section 11101) of the
Uniform Commercial Code.

(4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately signed,
including initialed, from the record. However, this paragraph does
not apply to Section 1677 or 1678 of this code or Section 1298 of
the Code of Civil Procedure.

(c) This title does not apply to any specific transaction described
in Section 17511.5 of the Business and Professions Code, Section
56.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
1789.16, or 1793.23 of, Chapter 1 (commencing with Section
1801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
2954.5 or 2963 of, Chapter 2b (commencing with Section 2981)
or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
Division 3 of, Section 3071.5 of, Part 5 (commencing with Section
4000) of Division 4 of, or Part 5.3 (commencing with Section
6500) of Division 4 of this code, subdivision (b) of Section 18608
or Section 22328 of the Financial Code, Section 1358.15, 1365,
1368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
Section 662, paragraph (2) of subdivision (a) of Section 663, 664,
667.5, 673, 677, paragraph (2) of subdivision (a) of Section 678,
subdivisions (a) and (b) of Section 678.1, Section 786, 10113.7,
10127.7, 10127.9, 10127.10, 10192.18, 10199.44, 10199.46,
10235.16, 10235.40, 10509.4, 10509.7, 11624.09, or 11624.1 of
the Insurance Code, Section 779.1, 10010.1, or 16482 of the Public
Utilities Code, or Section 9975 or 11738 of the Vehicle Code. An
electronic record may not be substituted for any notice that is
required to be sent pursuant to Section 1162 of the Code of Civil
Procedure. Nothing in this subdivision shall be construed to
prohibit the recordation of any document with a county recorder
by electronic means.

(d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).

(e) A transaction subject to this title is also subject to other
applicable substantive law.

(f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.

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

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 1633.3 of the Civil Code, as added by Section
3 of Chapter 369 of the Statutes of 2013, is amended to read:

1633.3.  

(a) Except as otherwise provided in subdivisions (b)
and (c), this title applies to electronic records and electronic
signatures relating to a transaction.

(b) This title does not apply to transactions subject to the
following laws:

(1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.

(2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1206 and 1306.

(3) Divisions 3 (commencing with Section 3101), 4
(commencing with Section 4101), 5 (commencing with Section
5101), 8 (commencing with Section 8101), 9 (commencing with
Section 9101), and 11 (commencing with Section 11101) of the
Uniform Commercial Code.

(4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately signed,
including initialed, from the record. However, this paragraph does
not apply to Section 1677 or 1678 of this code or Section 1298 of
the Code of Civil Procedure.

(c) This title does not apply to any specific transaction described
in Section 17511.5 of the Business and Professions Code, Section
56.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
1789.16, or 1793.23 of, Chapter 1 (commencing with Section
1801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
1917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
2924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
2945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
2954.5 or 2963 of, Chapter 2b (commencing with Section 2981)
or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
Division 3 of, Section 3071.5 of Part 5 (commencing with Section
4000) of Division 4 of, or Part 5.3 (commencing with Section
6500) of Division 4 of this code, subdivision (b) of Section 18608
or Section 22328 of the Financial Code, Section 1358.15, 1365,
1368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
Section 662, 663, 664, 667.5, 673, 677, 678, 678.1, 786, 10086,
10113.7, 10127.7, 10127.9, 10127.10, 10192.18, 10199.44,
10199.46, 10235.16, 10235.40, 10509.4, 10509.7, 11624.09, or
11624.1 of the Insurance Code, Section 779.1, 10010.1, or 16482
of the Public Utilities Code, or Section 9975 or 11738 of the
Vehicle Code. An electronic record may not be substituted for any
notice that is required to be sent pursuant to Section 1162 of the
Code of Civil Procedure. Nothing in this subdivision shall be
construed to prohibit the recordation of any document with a county
recorder by electronic means.

(d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).

(e) A transaction subject to this title is also subject to other
applicable substantive law.

(f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.

(g) This section shall become operative on January 1, 2019.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 1936 of the Civil Code, as amended by Section
1 of Chapter 549 of the Statutes of 2013, is amended to read:

1936.  

(a) For the purpose of this section, the following
definitions shall apply:

(1) “Rental company” means a person or entity in the business
of renting passenger vehicles to the public.

(2) “Renter” means any person in a manner obligated under a
contract for the lease or hire of a passenger vehicle from a rental
company for a period of less than 30 days.

(3) “Authorized driver” means (A) the renter, (B) the renter’s
spouse if that person is a licensed driver and satisfies the rental
company’s minimum age requirement, (C) the renter’s employer
or coworker if he or she is engaged in business activity with the
renter, is a licensed driver, and satisfies the rental company’s
minimum age requirement, and (D) a person expressly listed by
the rental company on the renter’s contract as an authorized driver.

(4) (A) “Customer facility charge” means any fee, including
an alternative fee, required by an airport to be collected by a rental
company from a renter for any of the following purposes:

(i) To finance, design, and construct consolidated airport car
rental facilities.

(ii) To finance, design, construct, and operate common-use
transportation systems that move passengers between airport
terminals and those consolidated car rental facilities, and acquire
vehicles for use in that system.

(iii) To finance, design, and construct terminal modifications
solely to accommodate and provide customer access to
common-use transportation systems.

(B) The aggregate amount to be collected shall not exceed the
reasonable costs, as determined by an audit, by an independent
auditor, paid for by the airport, to finance, design, and construct
those facilities. The auditor shall independently examine and
substantiate the necessity for and the amount of the customer
facility charge, including whether the airport’s actual or projected
costs are supported and justified, any steps the airport may take to
limit costs, potential alternatives for meeting the airport’s revenue
needs other than the collection of the fee, and whether and to what
extent car rental companies or other businesses or individuals using
the facility or common-use transportation system may pay for the
costs associated with these facilities and systems other than the
fee from rental customers, or whether the airport did not comply
with any provision of this subparagraph. Copies of the audit shall
be provided to the Assembly and Senate Committees on Judiciary,
the Assembly Committee on Transportation, and the Senate
Committee on Transportation and Housing and shall be posted on
the airport’s Internet Web site. In the case of a customer facility
charge for a common-use transportation system, the audit also
shall consider the reasonable costs of providing the transit system
or busing network pursuant to clause (ii) of subparagraph (A). Any
audit required by this subparagraph may be included as a part of
an audit of an airport’s finances. Notwithstanding clause (iii) of
subparagraph (A), the fees designated as a customer facility charge
shall not be used to pay for terminal expansion, gate expansion,
runway expansion, changes in hours of operation, or changes in
the number of flights arriving or departing from the airport.

(C) Except as provided in subparagraph (D), the authorization
given pursuant to this section for an airport to impose a customer
facility charge shall become inoperative when the bonds used for
financing are paid.

(D) If a bond or other form of indebtedness is not used for
financing, or the bond or other form of indebtedness used for
financing has been paid, the Oakland International Airport may
require the collection of a customer facility charge for a period of
up to 10 years from the imposition of the charge for the purposes
allowed by, and subject to the conditions imposed by, this section.

(5) “Damage waiver” means a rental company’s agreement not
to hold a renter liable for all or any portion of any damage or loss
related to the rented vehicle, any loss of use of the rented vehicle,
or any storage, impound, towing, or administrative charges.

(6) “Electronic surveillance technology” means a technological
method or system used to observe, monitor, or collect information,
including telematics, Global Positioning System (GPS), wireless
technology, or location-based technologies. “Electronic
surveillance technology” does not include event data recorders
(EDR), sensing and diagnostic modules (SDM), or other systems
that are used either:

(A) For the purpose of identifying, diagnosing, or monitoring
functions related to the potential need to repair, service, or perform
maintenance on the rental vehicle.

(B) As part of the vehicle’s airbag sensing and diagnostic system
in order to capture safety systems-related data for retrieval after a
crash has occurred or in the event that the collision sensors are
activated to prepare the decisionmaking computer to make the
determination to deploy or not to deploy the airbag.

(7) “Estimated time for replacement” means the number of hours
of labor, or fraction thereof, needed to replace damaged vehicle
parts as set forth in collision damage estimating guides generally
used in the vehicle repair business and commonly known as “crash
books.”

(8) “Estimated time for repair” means a good faith estimate of
the reasonable number of hours of labor, or fraction thereof, needed
to repair damaged vehicle parts.

(9) “Membership program” means a service offered by a rental
company that permits customers to bypass the rental counter and
go directly to the car previously reserved. A membership program
shall meet all of the following requirements:

(A) The renter initiates enrollment by completing an application
on which the renter can specify a preference for type of vehicle
and acceptance or declination of optional services.

(B) The rental company fully discloses, prior to the enrollee’s
first rental as a participant in the program, all terms and conditions
of the rental agreement as well as all required disclosures.

(C) The renter may terminate enrollment at any time.

(D) The rental company fully explains to the renter that
designated preferences, as well as acceptance or declination of
optional services, may be changed by the renter at any time for
the next and future rentals.

(E) An employee designated to receive the form specified in
subparagraph (C) of paragraph (1) of subdivision (t) is present at
the lot where the renter takes possession of the car, to receive any
change in the rental agreement from the renter.

(10) “Passenger vehicle” means a passenger vehicle as defined
in Section 465 of the Vehicle Code.

(b) Except as limited by subdivision (c), a rental company and
a renter may agree that the renter will be responsible for no more
than all of the following:

(1) Physical or mechanical damage to the rented vehicle up to
its fair market value, as determined in the customary market for
the sale of that vehicle, resulting from collision regardless of the
cause of the damage.

(2) Loss due to theft of the rented vehicle up to its fair market
value, as determined in the customary market for the sale of that
vehicle, provided that the rental company establishes by clear and
convincing evidence that the renter or the authorized driver failed
to exercise ordinary care while in possession of the vehicle. In
addition, the renter shall be presumed to have no liability for any
loss due to theft if (A) an authorized driver has possession of the
ignition key furnished by the rental company or an authorized
driver establishes that the ignition key furnished by the rental
company was not in the vehicle at the time of the theft, and (B) an
authorized driver files an official report of the theft with the police
or other law enforcement agency within 24 hours of learning of
the theft and reasonably cooperates with the rental company and
the police or other law enforcement agency in providing
information concerning the theft. The presumption set forth in this
paragraph is a presumption affecting the burden of proof which
the rental company may rebut by establishing that an authorized
driver committed, or aided and abetted the commission of, the
theft.

(3) Physical damage to the rented vehicle up to its fair market
value, as determined in the customary market for the sale of that
vehicle, resulting from vandalism occurring after, or in connection
with, the theft of the rented vehicle. However, the renter shall have
no liability for any damage due to vandalism if the renter would
have no liability for theft pursuant to paragraph (2).

(4) Physical damage to the rented vehicle up to a total of five
hundred dollars ($500) resulting from vandalism unrelated to the
theft of the rented vehicle.

(5) Actual charges for towing, storage, and impound fees paid
by the rental company if the renter is liable for damage or loss.

(6) An administrative charge, which shall include the cost of
appraisal and all other costs and expenses incident to the damage,
loss, repair, or replacement of the rented vehicle.

(c) The total amount of the renter’s liability to the rental
company resulting from damage to the rented vehicle shall not
exceed the sum of the following:

(1) The estimated cost of parts which the rental company would
have to pay to replace damaged vehicle parts. All discounts and
price reductions or adjustments that are or will be received by the
rental company shall be subtracted from the estimate to the extent
not already incorporated in the estimate, or otherwise promptly
credited or refunded to the renter.

(2) The estimated cost of labor to replace damaged vehicle parts,
which shall not exceed the product of (A) the rate for labor usually
paid by the rental company to replace vehicle parts of the type that
were damaged and (B) the estimated time for replacement. All
discounts and price reductions or adjustments that are or will be
received by the rental company shall be subtracted from the
estimate to the extent not already incorporated in the estimate, or
otherwise promptly credited or refunded to the renter.

(3) (A) The estimated cost of labor to repair damaged vehicle
parts, which shall not exceed the lesser of the following:

(i) The product of the rate for labor usually paid by the rental
company to repair vehicle parts of the type that were damaged and
the estimated time for repair.

(ii) The sum of the estimated labor and parts costs determined
under paragraphs (1) and (2) to replace the same vehicle parts.

(B) All discounts and price reductions or adjustments that are
or will be received by the rental company shall be subtracted from
the estimate to the extent not already incorporated in the estimate,
or otherwise promptly credited or refunded to the renter.

(4) For the purpose of converting the estimated time for repair
into the same units of time in which the rental rate is expressed, a
day shall be deemed to consist of eight hours.

(5) Actual charges for towing, storage, and impound fees paid
by the rental company.

(6) The administrative charge described in paragraph (6) of
subdivision (b) shall not exceed (A) fifty dollars ($50) if the total
estimated cost for parts and labor is more than one hundred dollars
($100) up to and including five hundred dollars ($500), (B) one
hundred dollars ($100) if the total estimated cost for parts and
labor exceeds five hundred dollars ($500) up to and including one
thousand five hundred dollars ($1,500), and (C) one hundred fifty
dollars ($150) if the total estimated cost for parts and labor exceeds
one thousand five hundred dollars ($1,500). An administrative
charge shall not be imposed if the total estimated cost of parts and
labor is one hundred dollars ($100) or less.

(d) (1) The total amount of an authorized driver’s liability to
the rental company, if any, for damage occurring during the
authorized driver’s operation of the rented vehicle shall not exceed
the amount of the renter’s liability under subdivision (c).

(2) A rental company shall not recover from the renter or other
authorized driver an amount exceeding the renter’s liability under
subdivision (c).

(3) A claim against a renter resulting from damage or loss,
excluding loss of use, to a rental vehicle shall be reasonably and
rationally related to the actual loss incurred. A rental company
shall mitigate damages where possible and shall not assert or collect
a claim for physical damage which exceeds the actual costs of the
repairs performed or the estimated cost of repairs, if the rental
company chooses not to repair the vehicle, including all discounts
and price reductions. However, if the vehicle is a total loss vehicle,
the claim shall not exceed the total loss vehicle value established
in accordance with procedures that are customarily used by
insurance companies when paying claims on total loss vehicles,
less the proceeds from salvaging the vehicle, if those proceeds are
retained by the rental company.

(4) If insurance coverage exists under the renter’s applicable
personal or business insurance policy and the coverage is confirmed
during regular business hours, the renter may require that the rental
company submit any claims to the renter’s applicable personal or
business insurance carrier. The rental company shall not make any
written or oral representations that it will not present claims or
negotiate with the renter’s insurance carrier. For purposes of this
paragraph, confirmation of coverage includes telephone
confirmation from insurance company representatives during
regular business hours. Upon request of the renter and after
confirmation of coverage, the amount of claim shall be resolved
between the insurance carrier and the rental company. The renter
shall remain responsible for payment to the rental car company
for any loss sustained that the renter’s applicable personal or
business insurance policy does not cover.

(5) A rental company shall not recover from the renter or other
authorized driver for an item described in subdivision (b) to the
extent the rental company obtains recovery from another person.

(6) This section applies only to the maximum liability of a renter
or other authorized driver to the rental company resulting from
damage to the rented vehicle and not to the liability of another
person.

(e) (1) Except as provided in subdivision (f), a damage waiver
shall provide or, if not expressly stated in writing, shall be deemed
to provide that the renter has no liability for a damage, loss, loss
of use, or a cost or expense incident thereto.

(2) Except as provided in subdivision (f), every limitation,
exception, or exclusion to a damage waiver is void and
unenforceable.

(f) A rental company may provide in the rental contract that a
damage waiver does not apply under any of the following
circumstances:

(1) Damage or loss results from an authorized driver’s (A)
intentional, willful, wanton, or reckless conduct, (B) operation of
the vehicle under the influence of drugs or alcohol in violation of
Section 23152 of the Vehicle Code, (C) towing or pushing
anything, or (D) operation of the vehicle on an unpaved road if
the damage or loss is a direct result of the road or driving
conditions.

(2) Damage or loss occurs while the vehicle is (A) used for
commercial hire, (B) used in connection with conduct that could
be properly charged as a felony, (C) involved in a speed test or
contest or in driver training activity, (D) operated by a person other
than an authorized driver, or (E) operated outside the United States.

(3) An authorized driver who has (A) provided fraudulent
information to the rental company, or (B) provided false
information and the rental company would not have rented the
vehicle if it had instead received true information.

(g) (1) A rental company that offers or provides a damage
waiver for any consideration in addition to the rental rate shall
clearly and conspicuously disclose the following information in
the rental contract or holder in which the contract is placed and,
also, in signs posted at the place, such as the counter, where the
renter signs the rental contract, and, for renters who are enrolled
in the rental company’s membership program, in a sign that shall
be posted in a location clearly visible to those renters as they enter
the location where their reserved rental cars are parked or near the
exit of the bus or other conveyance that transports the enrollee to
a reserved car: (A) the nature of the renter’s liability, such as
liability for all collision damage regardless of cause, (B) the extent
of the renter’s liability, such as liability for damage or loss up to
a specified amount, (C) the renter’s personal insurance policy or
the credit card used to pay for the car rental transaction may
provide coverage for all or a portion of the renter’s potential
liability, (D) the renter should consult with his or her insurer to
determine the scope of insurance coverage, including the amount
of the deductible, if any, for which the renter is obligated, (E) the
renter may purchase an optional damage waiver to cover all
liability, subject to whatever exceptions the rental company
expressly lists that are permitted under subdivision (f), and (F) the
range of charges for the damage waiver.

(2) In addition to the requirements of paragraph (1), a rental
company that offers or provides a damage waiver shall orally
disclose to all renters, except those who are participants in the
rental company’s membership program, that the damage waiver
may be duplicative of coverage that the customer maintains under
his or her own policy of motor vehicle insurance. The renter’s
receipt of the oral disclosure shall be demonstrated through the
renter’s acknowledging receipt of the oral disclosure near that part
of the contract where the renter indicates, by the renter’s own
initials, his or her acceptance or declination of the damage waiver.
Adjacent to that same part, the contract also shall state that the
damage waiver is optional. Further, the contract for these renters
shall include a clear and conspicuous written disclosure that the
damage waiver may be duplicative of coverage that the customer
maintains under his or her own policy of motor vehicle insurance.

(3) The following is an example, for purposes of illustration
and not limitation, of a notice fulfilling the requirements of
paragraph (1) for a rental company that imposes liability on the
renter for collision damage to the full value of the vehicle:

“NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY
AND OPTIONAL DAMAGE WAIVER

You are responsible for all collision damage to the rented vehicle
even if someone else caused it or the cause is unknown. You are
responsible for the cost of repair up to the value of the vehicle,
and towing, storage, and impound fees.

Your own insurance, or the issuer of the credit card you use to
pay for the car rental transaction, may cover all or part of your
financial responsibility for the rented vehicle. You should check
with your insurance company, or credit card issuer, to find out
about your coverage and the amount of the deductible, if any, for
which you may be liable.

Further, if you use a credit card that provides coverage for your
potential liability, you should check with the issuer to determine
if you must first exhaust the coverage limits of your own insurance
before the credit card coverage applies.

The rental company will not hold you responsible if you buy a
damage waiver. But a damage waiver will not protect you if (list
exceptions).”

(A) When the above notice is printed in the rental contract or
holder in which the contract is placed, the following shall be printed
immediately following the notice:

“The cost of an optional damage waiver is $____ for every (day
or week).”

(B) When the above notice appears on a sign, the following
shall appear immediately adjacent to the notice:

“The cost of an optional damage waiver is $____ to $____ for
every (day or week), depending upon the vehicle rented.”

(h) Notwithstanding any other provision of law, a rental
company may sell a damage waiver subject to the following rate
limitations for each full or partial 24-hour rental day for the damage
waiver.

(1) For rental vehicles that the rental company designates as an
“economy car,” “subcompact car,” “compact car,” or another term
having similar meaning when offered for rental, or another vehicle
having a manufacturer’s suggested retail price of nineteen thousand
dollars ($19,000) or less, the rate shall not exceed nine dollars
($9).

(2) For rental vehicles that have a manufacturer’s suggested
retail price from nineteen thousand one dollars ($19,001) to
thirty-four thousand nine hundred ninety-nine dollars ($34,999),
inclusive, and that are also either vehicles of next year’s model,
or not older than the previous year’s model, the rate shall not
exceed fifteen dollars ($15). For those rental vehicles older than
the previous year’s model-year, the rate shall not exceed nine
dollars ($9).

(i) The manufacturer’s suggested retail prices described in
subdivision (h) shall be adjusted annually to reflect changes from
the previous year in the Consumer Price Index. For the purposes
of this section, “Consumer Price Index” means the United States
Consumer Price Index for All Urban Consumers, for all items.

(j) A rental company that disseminates in this state an
advertisement containing a rental rate shall include in that
advertisement a clearly readable statement of the charge for a
damage waiver and a statement that a damage waiver is optional.

(k) (1) A rental company shall not require the purchase of a
damage waiver, optional insurance, or another optional good or
service.

(2) A rental company shall not engage in any unfair, deceptive,
or coercive conduct to induce a renter to purchase the damage
waiver, optional insurance, or another optional good or service,
including conduct such as, but not limited to, refusing to honor
the renter’s reservation, limiting the availability of vehicles,
requiring a deposit, or debiting or blocking the renter’s credit card
account for a sum equivalent to a deposit if the renter declines to
purchase the damage waiver, optional insurance, or another
optional good or service.

(l) (1) In the absence of express permission granted by the
renter subsequent to damage to, or loss of, the vehicle, a rental
company shall not seek to recover any portion of a claim arising
out of damage to, or loss of, the rented vehicle by processing a
credit card charge or causing a debit or block to be placed on the
renter’s credit card account.

(2) A rental company shall not engage in any unfair, deceptive,
or coercive tactics in attempting to recover or in recovering on any
claim arising out of damage to, or loss of, the rented vehicle.

(m) (1) A customer facility charge may be collected by a rental
company under the following circumstances:

(A) Collection of the fee by the rental company is required by
an airport operated by a city, a county, a city and county, a joint
powers authority, a special district, or the San Diego County
Regional Airport Authority formed pursuant to Division 17
(commencing with Section 170000) of the Public Utilities Code.

(B) The fee is calculated on a per contract basis or as provided
in paragraph (2).

(C) The fee is a user fee, not a tax imposed upon real property
or an incidence of property ownership under Article XIII D of the
California Constitution.

(D) Except as otherwise provided in subparagraph (E), the fee
shall be ten dollars ($10) per contract or the amount provided in
paragraph (2).

(E) The fee for a consolidated rental car facility shall be
collected only from customers of on-airport rental car companies.
If the fee imposed by the airport is for both a consolidated rental
car facility and a common-use transportation system, the fee
collected from customers of on-airport rental car companies shall
be ten dollars ($10) or the amount provided in paragraph (2), but
the fee imposed on customers of off-airport rental car companies
who are transported on the common-use transportation system is
proportionate to the costs of the common-use transportation system
only. The fee is uniformly applied to each class of on-airport or
off-airport customers, provided that the airport requires off-airport
customers to use the common-use transportation system. For
purposes of this subparagraph, “on-airport rental car company”
means a rental company operating under an airport property lease
or an airport concession or license agreement whose customers
use or will use the consolidated rental car facility and the collection
of the fee as to those customers is consistent with subparagraph
(C).

(F) Revenues collected from the fee do not exceed the reasonable
costs of financing, designing, and constructing the facility and
financing, designing, constructing, and operating any common-use
transportation system, or acquiring vehicles for use in that system,
and shall not be used for any other purpose.

(G) The fee is separately identified on the rental agreement.

(H) This paragraph does not apply to fees which are governed
by Section 50474.1 of the Government Code or Section 57.5 of
the San Diego Unified Port District Act.

(I) For any airport seeking to require rental car companies to
collect an alternative customer facility charge pursuant to paragraph
(2), the following provisions apply:

(i) Notwithstanding Section 10231.5 of the Government Code,
the airport shall provide reports on an annual basis to the Senate
and Assembly Committees on Judiciary detailing all of the
following:

(I) The total amount of the customer facility charge collected.

(II) How the funds are being spent.

(III) The amount of and reason for any changes in the airport’s
budget or financial needs for the facility or common-use
transportation system.

(IV) Whether airport concession fees authorized by Section
1936.01 have increased since the prior report, if any.

(ii) (I) The airport shall complete the audit required by
subparagraph (B) of paragraph (4) of subdivision (a) prior to initial
collection of the customer facility charge. Notwithstanding Section
10231.5 of the Government Code, copies of the audit shall be
provided to the Assembly and Senate Committees on Judiciary,
the Assembly Committee on Transportation, and the Senate
Committee on Transportation and Housing and shall be posted on
the airport’s Internet Web site.

(II) Prior to any increase pursuant to paragraph (2), the airport
shall update the information provided in the initial collection audit
pursuant to subclause (I). Notwithstanding Section 10231.5 of the
Government Code, copies of the updated audit shall be provided
to the Assembly and Senate Committees on Judiciary, the
Assembly Committee on Transportation, and the Senate Committee
on Transportation and Housing and shall be posted on the airport’s
Internet Web site.

(III) An audit shall be completed every three years after initial
collection only if the customer facility charge is collected for the
purpose of operating a common-use transportation system or to
acquire vehicles for use in such a system pursuant to clause (ii) of
subparagraph (A) of paragraph (4) of subdivision (a). A regularly
conducted audit of airport finances that includes the customer
facility charge information, that satisfies the requirements of
subparagraph (B) of paragraph (4) of subdivision (a), and is
produced in accordance with the generally accepted accounting
principles of the Government Accounting Standards Board, shall
satisfy the requirements of this subclause. This obligation shall
continue until the fee authorization becomes inoperative pursuant
to subparagraph (C) of paragraph (4) of subdivision (a).
Notwithstanding Section 10231.5 of the Government Code, the
information reported pursuant to this subclause shall be compiled
into one document, shall be provided to the Assembly and Senate
Committees on Judiciary, the Assembly Committee on
Transportation, and the Senate Committee on Transportation and
Housing and shall be posted on the airport’s Internet Web site
accessible to the public. The information reported shall be
contained within one easily accessible page contained within the
airport’s Internet Web site.

(IV) This section shall not be construed to require an airport to
audit a common-use transportation system not financed by a
customer facility charge and used for the purposes permitted
pursuant to clause (ii) of subparagraph (A) of paragraph (4) of
subdivision (a).

(V) The airport shall post on the airport’s Internet Web site
copies of the completed audits required by this clause for a period
of six years following the audit’s completion.

(iii) Use of the bonds shall be limited to construction and design
of the consolidated rental car facility, terminal modifications, and
operating costs of the common-use transportation system, as
specified in paragraph (4) of subdivision (a).

(2) Any airport may require rental car companies to collect an
alternative customer facility charge under the following conditions:

(A) The airport first conducts a publicly noticed hearing pursuant
to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code)
to review the costs of financing the design and construction of a
consolidated rental car facility and the design, construction, and
operation of any common-use transportation system in which all
of the following occur:

(i) The airport establishes the amount of revenue necessary to
finance the reasonable cost to design and construct a consolidated
rental car facility and to design, construct, and operate any
common-use transportation system, or acquire vehicles for use in
that system, based on evidence presented during the hearing.

(ii) The airport finds, based on evidence presented during the
hearing, that the fee authorized in paragraph (1) will not generate
sufficient revenue to finance the reasonable costs to design and
construct a consolidated rental car facility and to design, construct,
and operate any common-use transportation system, or acquire
vehicles for use in that system.

(iii) The airport finds that the reasonable cost of the project
requires the additional amount of revenue that would be generated
by the proposed daily rate, including any rate increase, authorized
pursuant to this paragraph.

(iv) The airport outlines each of the following:

(I) Steps it has taken to limit costs.

(II) Other potential alternatives for meeting its revenue needs
other than the collection of the fee.

(III) The extent to which rental car companies or other
businesses or individuals using the facility or common-use
transportation system will pay for the costs associated with these
facilities and systems other than the fee from rental customers.

(B) The airport may not require the fee authorized in this
paragraph to be collected at any time that the fee authorized in
paragraph (1) of this subdivision is being collected.

(C) Pursuant to the procedure set forth in this subdivision, the
fee may be collected at a rate charged on a per-day basis subject
to the following conditions:

(i) Commencing January 1, 2011, the amount of the fee may
not exceed six dollars ($6) per day.

(ii) Commencing January 1, 2014, the amount of the fee may
not exceed seven dollars and fifty cents ($7.50) per day.

(iii) Commencing January 1, 2017, and thereafter, the amount
of the fee may not exceed nine dollars ($9) per day.

(iv) At no time shall the fee authorized in this paragraph be
collected from any customer for more than five days for each
individual rental car contract.

(v) An airport subject to this paragraph shall initiate the process
for obtaining the authority to require or increase the alternative
fee no later than January 1, 2018. Any airport that obtains the
authority to require or increase an alternative fee shall be authorized
to continue collecting that fee until the fee authorization becomes
inoperative pursuant to subparagraph (C) of paragraph (4) of
subdivision (a).

(3) Notwithstanding any other provision of law, including, but
not limited to, Part 1 (commencing with Section 6001) to Part 1.7
(commencing with Section 7280), inclusive, of Division 2 of the
Revenue and Taxation Code, the fees collected pursuant to this
section, or another law whereby a local agency operating an airport
requires a rental car company to collect a facility financing fee
from its customers, are not subject to sales, use, or transaction
taxes.

(n) (1) A rental company shall only advertise, quote, and charge
a rental rate that includes the entire amount except taxes, a
customer facility charge, if any, and a mileage charge, if any, that
a renter must pay to hire or lease the vehicle for the period of time
to which the rental rate applies. A rental company shall not charge
in addition to the rental rate, taxes, a customer facility charge, if
any, and a mileage charge, if any, any fee that is required to be
paid by the renter as a condition of hiring or leasing the vehicle,
including, but not limited to, required fuel or airport surcharges
other than customer facility charges, nor a fee for transporting the
renter to the location where the rented vehicle will be delivered to
the renter.

(2) In addition to the rental rate, taxes, customer facility charges,
if any, and mileage charges, if any, a rental company may charge
for an item or service provided in connection with a particular
rental transaction if the renter could have avoided incurring the
charge by choosing not to obtain or utilize the optional item or
service. Items and services for which the rental company may
impose an additional charge include, but are not limited to, optional
insurance and accessories requested by the renter, service charges
incident to the renter’s optional return of the vehicle to a location
other than the location where the vehicle was hired or leased, and
charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with
as much fuel as was in the fuel tank at the beginning of the rental.
A rental company also may impose an additional charge based on
reasonable age criteria established by the rental company.

(3) A rental company shall not charge a fee for authorized
drivers in addition to the rental charge for an individual renter.

(4) If a rental company states a rental rate in print advertisement
or in a telephonic, in-person, or computer-transmitted quotation,
the rental company shall disclose clearly in that advertisement or
quotation the terms of mileage conditions relating to the advertised
or quoted rental rate, including, but not limited to, to the extent
applicable, the amount of mileage and gas charges, the number of
miles for which no charges will be imposed, and a description of
geographic driving limitations within the United States and Canada.

(5) (A) When a rental rate is stated in an advertisement,
quotation, or reservation in connection with a car rental at an airport
where a customer facility charge is imposed, the rental company
shall disclose clearly the existence and amount of the customer
facility charge. For purposes of this subparagraph, advertisements
include radio, television, other electronic media, and print
advertisements. For purposes of this subparagraph, quotations and
reservations include those that are telephonic, in-person, and
computer-transmitted. If the rate advertisement is intended to
include transactions at more than one airport imposing a customer
facility charge, a range of fees may be stated in the advertisement.
However, all rate advertisements that include car rentals at airport
destinations shall clearly and conspicuously include a toll-free
telephone number whereby a customer can be told the specific
amount of the customer facility charge to which the customer will
be obligated.

(B) If a person or entity other than a rental car company,
including a passenger carrier or a seller of travel services, advertises
or quotes a rate for a car rental at an airport where a customer
facility charge is imposed, that person or entity shall, provided
that he, she, or it is provided with information about the existence
and amount of the fee, to the extent not specifically prohibited by
federal law, clearly disclose the existence and amount of the fee
in any telephonic, in-person, or computer-transmitted quotation at
the time of making an initial quotation of a rental rate and at the
time of making a reservation of a rental car. If a rental car company
provides the person or entity with rate and customer facility charge
information, the rental car company is not responsible for the
failure of that person or entity to comply with this subparagraph
when quoting or confirming a rate to a third person or entity.

(6) If a rental company delivers a vehicle to a renter at a location
other than the location where the rental company normally carries
on its business, the rental company shall not charge the renter an
amount for the rental for the period before the delivery of the
vehicle. If a rental company picks up a rented vehicle from a renter
at a location other than the location where the rental company
normally carries on its business, the rental company shall not
charge the renter an amount for the rental for the period after the
renter notifies the rental company to pick up the vehicle.

(o) A rental company shall not use, access, or obtain any
information relating to the renter’s use of the rental vehicle that
was obtained using electronic surveillance technology, except in
the following circumstances:

(1) (A) When the equipment is used by the rental company
only for the purpose of locating a stolen, abandoned, or missing
rental vehicle after one of the following:

(i) The renter or law enforcement has informed the rental
company that the vehicle is missing or has been stolen or
abandoned.

(ii) The rental vehicle has not been returned following one week
after the contracted return date, or by one week following the end
of an extension of that return date.

(iii) The rental company discovers the rental vehicle has been
stolen or abandoned, and, if stolen, it shall report the vehicle stolen
to law enforcement by filing a stolen vehicle report, unless law
enforcement has already informed the rental company that the
vehicle is missing or has been stolen or abandoned.

(B) If electronic surveillance technology is activated pursuant
to subparagraph (A), a rental company shall maintain a record, in
either electronic or written form, of information relevant to the
activation of that technology. That information shall include the
rental agreement, including the return date, and the date and time
the electronic surveillance technology was activated. The record
shall also include, if relevant, a record of written or other
communication with the renter, including communications
regarding extensions of the rental, police reports, or other written
communication with law enforcement officials. The record shall
be maintained for a period of at least 12 months from the time the
record is created and shall be made available upon the renter’s
request. The rental company shall maintain and furnish explanatory
codes necessary to read the record. A rental company shall not be
required to maintain a record if electronic surveillance technology
is activated to recover a rental vehicle that is stolen or missing at
a time other than during a rental period.

(2) In response to a specific request from law enforcement
pursuant to a subpoena or search warrant.

(3) This subdivision does not prohibit a rental company from
equipping rental vehicles with GPS-based technology that provides
navigation assistance to the occupants of the rental vehicle, if the
rental company does not use, access, or obtain information relating
to the renter’s use of the rental vehicle that was obtained using
that technology, except for the purposes of discovering or repairing
a defect in the technology and the information may then be used
only for that purpose.

(4) This subdivision does not prohibit a rental company from
equipping rental vehicles with electronic surveillance technology
that allows for the remote locking or unlocking of the vehicle at
the request of the renter, if the rental company does not use, access,
or obtain information relating to the renter’s use of the rental
vehicle that was obtained using that technology, except as
necessary to lock or unlock the vehicle.

(5) This subdivision does not prohibit a rental company from
equipping rental vehicles with electronic surveillance technology
that allows the company to provide roadside assistance, such as
towing, flat tire, or fuel services, at the request of the renter, if the
rental company does not use, access, or obtain information relating
to the renter’s use of the rental vehicle that was obtained using
that technology except as necessary to provide the requested
roadside assistance.

(6) This subdivision does not prohibit a rental company from
obtaining, accessing, or using information from electronic
surveillance technology for the sole purpose of determining the
date and time the vehicle is returned to the rental company, and
the total mileage driven and the vehicle fuel level of the returned
vehicle. This paragraph, however, shall apply only after the renter
has returned the vehicle to the rental company, and the information
shall only be used for the purpose described in this paragraph.

(p) A rental company shall not use electronic surveillance
technology to track a renter in order to impose fines or surcharges
relating to the renter’s use of the rental vehicle.

(q) A renter may bring an action against a rental company for
the recovery of damages and appropriate equitable relief for a
violation of this section. The prevailing party shall be entitled to
recover reasonable attorney’s fees and costs.

(r) A rental company that brings an action against a renter for
loss due to theft of the vehicle shall bring the action in the county
in which the renter resides or, if the renter is not a resident of this
state, in the jurisdiction in which the renter resides.

(s) A waiver of any of the provisions of this section shall be
void and unenforceable as contrary to public policy.

(t) (1) A rental company’s disclosure requirements shall be
satisfied for renters who are enrolled in the rental company’s
membership program if all of the following conditions are met:

(A) Prior to the enrollee’s first rental as a participant in the
program, the renter receives, in writing, the following:

(i) All of the disclosures required by paragraph (1) of subdivision
(g), including the terms and conditions of the rental agreement
then in effect.

(ii) An Internet Web site address, as well as a contact number
or address, where the enrollee can learn of changes to the rental
agreement or to the laws of this state governing rental agreements
since the effective date of the rental company’s most recent
restatement of the rental agreement and distribution of that
restatement to its members.

(B) At the commencement of each rental period, the renter is
provided, on the rental record or the folder in which it is inserted,
with a printed notice stating that he or she had either previously
selected or declined an optional damage waiver and that the renter
has the right to change preferences.

(C) At the commencement of each rental period, the rental
company provides, on the rearview mirror, a hanger on which a
statement is printed, in a box, in at least 12-point boldface type,
notifying the renter that the collision damage waiver offered by
the rental company may be duplicative of coverage that the
customer maintains under his or her own policy of motor vehicle
insurance. If it is not feasible to hang the statement from the
rearview mirror, it shall be hung from the steering wheel.

The hanger shall provide the renter a box to initial if he or she
(not his or her employer) has previously accepted or declined the
collision damage waiver and that he or she now wishes to change
his or her decision to accept or decline the collision damage waiver,
as follows:

 
“◻ If I previously accepted the collision damage waiver, I
now decline it.

  
◻ If I previously declined the collision damage waiver, I now
accept it.”

The hanger shall also provide a box for the enrollee to indicate
whether this change applies to this rental transaction only or to all
future rental transactions. The hanger shall also notify the renter
that he or she may make that change, prior to leaving the lot, by
returning the form to an employee designated to receive the form
who is present at the lot where the renter takes possession of the
car, to receive any change in the rental agreement from the renter.

(2) (A) This subdivision is not effective unless the employee
designated pursuant to subparagraph (E) of paragraph (8) of
subdivision (a) is actually present at the required location.

(B) This subdivision does not relieve the rental company from
the disclosures required to be made within the text of a contract
or holder in which the contract is placed; in or on an advertisement
containing a rental rate; or in a telephonic, in-person, or
computer-transmitted quotation or reservation.

(u) The amendments made to this section during the 2001-02
Regular Session of the Legislature do not affect litigation pending
on or before January 1, 2003, alleging a violation of Section 22325
of the Business and Professions Code as it read at the time the
action was commenced.

(v) (1) When a rental company enters into a rental agreement
in the state for the rental of a vehicle to any renter who is not a
resident of this country and, as part of, or associated with, the rental
agreement, the renter purchases liability insurance, as defined in
subdivision (b) of Section 1758.85 of the Insurance Code, from
the rental company in its capacity as a rental car agent for an
authorized insurer, the rental company shall be authorized to accept,
and, if served as set forth in this subdivision, shall accept, service
of a summons and complaint and any other required documents
against the foreign renter for any accident or collision resulting
from the operation of the rental vehicle within the state during the
rental period. If the rental company has a registered agent for
service of process on file with the Secretary of State, process shall
be served on the rental company’s registered agent, either by
first-class mail, return receipt requested, or by personal service.

(2) Within 30 days of acceptance of service of process, the rental
company shall provide a copy of the summons and complaint and
any other required documents served in accordance with this
subdivision to the foreign renter by first-class mail, return receipt
requested.

(3) Any plaintiff, or his or her representative, who elects to serve
the foreign renter by delivering a copy of the summons and
complaint and any other required documents to the rental company
pursuant to paragraph (1) shall agree to limit his or her recovery
against the foreign renter and the rental company to the limits of
the protection extended by the liability insurance.

(4) Notwithstanding the requirements of Sections 17450 to
17456, inclusive, of the Vehicle Code, service of process in
compliance with paragraph (1) shall be deemed valid and effective
service.

(5) Notwithstanding any other provision of law, the requirement
that the rental company accept service of process pursuant to
paragraph (1) shall not create any duty, obligation, or agency
relationship other than that provided in paragraph (1).

(w) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 1942.2 of the Civil Code is amended to read:

1942.2.  

A tenant who has made a payment to a utility pursuant
to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or
16481.1 of the Public Utilities Code, or to a district pursuant to
Section 60371 of the Government Code, may deduct the payment
from the rent as provided in that section.

begin delete

SEC. 6.  

Section 415.46 of the Code of Civil Procedure is
amended to read:

415.46.  

(a) In addition to the service of a summons and
complaint in an action for unlawful detainer upon a tenant and
subtenant, if any, as prescribed by this article, a prejudgment claim
of right to possession may also be served on any person who
appears to be or who may claim to have occupied the premises at
the time of the filing of the action. Service upon occupants shall
be made pursuant to subdivision (c) by serving a copy of a
prejudgment claim of right to possession, as specified in
subdivision (f), attached to a copy of the summons and complaint
at the same time service is made upon the tenant and subtenant, if
any.

(b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server.

(c) (1) When serving the summons and complaint upon a tenant
and subtenant, if any, the marshal, sheriff, or registered process
server shall make a reasonably diligent effort to ascertain whether
there are other adult occupants of the premises who are not named
in the summons and complaint by inquiring of the person or
persons who are being personally served, or any person of suitable
age and discretion who appears to reside upon the premises,
whether there are other occupants of the premises.

(2) If the identity of such an occupant is disclosed to the officer
or process server and the occupant is present at the premises, the
officer or process server shall serve that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made
upon that occupant at that time, service may be effected by leaving
a copy of a prejudgment claim of right to possession attached to
a copy of the summons and complaint addressed to that occupant
with a person of suitable age and discretion at the premises, affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to
that occupant, and sending the same addressed to that occupant
by first-class mail.

(3) In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy
the premises at the time of the filing of the action by leaving a
copy of a prejudgment claim of right to possession attached to a
copy of the summons and complaint at the premises at the same
time service is made upon the tenant and subtenant, if any, affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and sending the same addressed to “all occupants in care
of the named tenant” to the premises by first-class mail.

(4) The person serving process shall state the date of service on
the prejudgment claim of right to possession form. However, the
absence of the date of service on the prejudgment claim of right
to possession does not invalidate the claim.

(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant
to this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if any.

(e) (1) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not that
occupant is named in the judgment for possession, may object to
the enforcement of that judgment as prescribed in Section 1174.3.

(2) In any action for unlawful detainer resulting from a
foreclosure sale of a rental housing unit pursuant to Section 1161a,
paragraph (1) shall not limit the right of any tenant or subtenant
of the property to file a prejudgment claim of right of possession
pursuant to subdivision (a) of Section 1174.25 at any time before
judgment, or to object to enforcement of a judgment for possession
as prescribed in Section 1174.3, regardless of whether the tenant
or subtenant was served with a prejudgment claim of right to
possession.

(f) The prejudgment claim of right to possession shall be made
on the following form:

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE INSERTED

[1 page]

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 415.46 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

415.46.  

(a) In addition to the service of a summons and
complaint in an action for unlawful detainer upon a tenant and
subtenant, if any, as prescribed by this article, a prejudgment claim
of right to possession may also be served on any person who
appears to be or who may claim to have occupied the premises at
the time of the filing of the action. Service upon occupants shall
be made pursuant to subdivision (c) by serving a copy of a
prejudgment claim of right to possession, as specified in
subdivision (f), attached to a copy of the summons and complaint
at the same time service is made upon the tenant and subtenant, if
any.

(b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server.

(c) (1) When serving the summons and complaint upon a tenant
and subtenant, if any, the marshal, sheriff, or registered process
server shall make a reasonably diligent effort to ascertain whether
there are other adult occupants of the premises who are not named
in the summons and complaint by inquiring of the person or
persons who are being personally served, or any person of suitable
age and discretion who appears to reside upon the premises,
whether there are other occupants of the premises.

(2) If the identity of such an occupant is disclosed to the officer
or process server and the occupant is present at the premises, the
officer or process server shall serve that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made
upon that occupant at that time, service may be effected by leaving
a copy of a prejudgment claim of right to possession attached to
a copy of the summons and complaint addressed to that occupant
with a person of suitable age and discretion at the premises, affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to
that occupant, and sending the same addressed to that occupant
by first-class mail.

(3) In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy
the premises at the time of the filing of the action by leaving a
copy of a prejudgment claim of right to possession attached to a
copy of the summons and complaint at the premises at the same
time service is made upon the tenant and subtenant, if any, affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and sending the same addressed to “all occupants in care
of the named tenant” to the premises by first-class mail.

(4) The person serving process shall state the date of service on
the prejudgment claim of right to possession form. However, the
absence of the date of service on the prejudgment claim of right
to possession does not invalidate the claim.

(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant
to this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if any.

(e) (1) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not that
occupant is named in the judgment for possession, may object to
the enforcement of that judgment as prescribed in Section 1174.3.

(2) In any action for unlawful detainer resulting from a
foreclosure sale of a rental housing unit pursuant to Section 1161a,
paragraph (1) shall not limit the right of any tenant or subtenant
of the property to file a prejudgment claim of right of possession
pursuant to subdivision (a) of Section 1174.25 at any time before
judgment, or to object to enforcement of a judgment for possession
as prescribed in Section 1174.3, begin delete whether or not end delete begin insert regardless of
whether end insert the tenant or subtenant was served with a prejudgment
claim of right to possession.

(f) The prejudgment claim of right to possession shall be made
on the following form:

begin delete

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of
Right to
Possession form appears in the hard-copy publication of the

chaptered bill. See Sec. 2 of Chapter 562, Statutes of 2012.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

end delete

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[4 pages]

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[3 pages]

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

Section 1174.25 of the Code of Civil Procedure is
amended to read:

1174.25.  

(a) (1) Except as provided in paragraph (2), an
occupant who is served with a prejudgment claim of right to
possession in accordance with Section 415.46 may file a claim as
prescribed in Section 415.46, with the court within 10 days of the
date of service of the prejudgment claim begin delete if end delete begin insert of end insert right to possession
as shown on the return of service, which period shall include
Saturday and Sunday but begin delete excluding end delete begin insert exclude end insert all other judicial
holidays. If the last day for filing the claim falls on a Saturday or
Sunday, the filing period shall be extended to and including the
next court day. Filing the prejudgment claim of right to possession
shall constitute a general appearance for which a fee shall be
collected as provided in Section 70614 of the Government Code.
Section 68511.3 of the Government Code applies to the
prejudgment claim of right to possession.

(2) In an action as described in paragraph (2) of subdivision (e)
of Section 415.46, an occupant may file a prejudgment claim of
right to possession at any time before judgment is entered.

(b) At the time of filing, the claimant shall be added as a
defendant in the action for unlawful detainer and the clerk shall
notify the plaintiff that the claimant has been added as a defendant
in the action by mailing a copy of the claim filed with the court to
the plaintiff with a notation so indicating. The claimant shall
answer or otherwise respond to the summons and complaint within
five days, including Saturdays and Sundays, but excluding all other
judicial holidays, after filing the prejudgment claim of possession.
Thereafter, the name of the claimant shall be added to any pleading,
filing or form filed in the action for unlawful detainer.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

Section 1174.3 of the Code of Civil Procedure is
amended to read:

1174.3.  

(a) (1) Except as provided in paragraph (2), unless a
prejudgment claim of right to possession has been served upon
occupants in accordance with Section 415.46, any occupant not
named in the judgment for possession who occupied the premises
on the date of the filing of the action may object to enforcement
of the judgment against that occupant by filing a claim of right to
possession as prescribed in this section. A claim of right to
possession may be filed at any time after service or posting of the
writ of possession pursuant to subdivision (a) or (b) of Section
715.020, up to and including the time at which the levying officer
returns to effect the eviction of those named in the judgment of
possession. Filing the claim of right to possession shall constitute
a general appearance for which a fee shall be collected as provided
in Section 70614 of the Government Code. Section 68511.3 of the
Government Code applies to the claim of right to possession. An
occupant or tenant who is named in the action shall not be required
to file a claim of right to possession to protect that occupant’s right
to possession of the premises.

(2) In an action as described in paragraph (2) of subdivision (e)
of Section 415.46, an occupant may file a claim of right to
possession begin insert at any time end insert up to and including the time at which the
levying officer returns to effect the eviction of those named in the
judgment of possession, without regard to whether a prejudgment
claim of right to possession has been served upon the occupant.

(b) The court issuing the writ of possession of real property
shall set a date or dates when the court will hold a hearing to
determine the validity of objections to enforcement of the judgment
specified in subdivision (a). An occupant of the real property for
which the writ is issued may make an objection to eviction to the
levying officer at the office of the levying officer or at the premises
at the time of the eviction.

If a claim of right to possession is completed and presented to
the sheriff, marshal, or other levying officer, the officer shall
forthwith (1) stop the eviction of occupants at the premises, and
(2) provide a receipt or copy of the completed claim of right of
possession to the claimant indicating the date and time the
completed form was received, and (3) deliver the original
completed claim of right to possession to the court issuing the writ
of possession of real property.

(c) A claim of right to possession is effected by any of the
following:

(1) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, an amount equal to 15 days’ rent
together with the appropriate fee or form for proceeding in forma
pauperis. Upon receipt of a claim of right to possession, the sheriff,
marshal, or other levying officer shall indicate thereon the date
and time of its receipt and forthwith deliver the original to the
issuing court and a receipt or copy of the claim to the claimant and
notify the plaintiff of that fact. Immediately upon receipt of an
amount equal to 15 days’ rent and the appropriate fee or form for
proceeding in forma pauperis, the court shall file the claim of right
to possession and serve an endorsed copy with the notice of the
hearing date on the plaintiff and the claimant by first-class mail.
The court issuing the writ of possession shall set and hold a hearing
on the claim not less than five nor more than 15 days after the
claim is filed with the court.

(2) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, the appropriate fee or form for
proceeding in forma pauperis without delivering the amount
equivalent to 15 days’ rent. In this case, the court shall immediately
set a hearing on the claim to be held on the fifth day after the filing
is completed. The court shall notify the claimant of the hearing
date at the time the claimant completes the filing by delivering to
the court the appropriate fee or form for proceeding in forma
pauperis, and shall notify the plaintiff of the hearing date by
first-class mail. Upon receipt of a claim of right to possession, the
sheriff, marshal, or other levying officer shall indicate thereon the
date and time of its receipt and forthwith deliver the original to
the issuing court and a receipt or copy of the claim to the claimant
and notify the plaintiff of that fact.

(d) At the hearing, the court shall determine whether there is a
valid claim of possession by the claimant who filed the claim, and
the court shall consider all evidence produced at the hearing,
including, but not limited to, the information set forth in the claim.
The court may determine the claim to be valid or invalid based
upon the evidence presented at the hearing. The court shall
determine the claim to be invalid if the court determines that the
claimant is an invitee, licensee, guest, or trespasser. If the court
determines the claim is invalid, the court shall order the return to
the claimant of the amount of the 15 days’ rent paid by the
claimant, if that amount was paid pursuant to paragraph (1) or (3)
of subdivision (c), less a pro rata amount for each day that
enforcement of the judgment was delayed by reason of making
the claim of right to possession, which pro rata amount shall be
paid to the landlord. If the court determines the claim is valid, the
amount equal to 15 days’ rent paid by the claimant shall be returned
immediately to the claimant.

(e) If, upon hearing, the court determines that the claim is valid,
then the court shall order further proceedings as follows:

(1) If the unlawful detainer is based upon a curable breach, and
the claimant was not previously served with a proper notice, if any
notice is required, then the required notice may at the plaintiff’s
discretion be served on the claimant at the hearing or thereafter.
If the claimant does not cure the breach within the required time,
then a supplemental complaint may be filed and served on the
claimant as defendant if the plaintiff proceeds against the claimant
in the same action. For the purposes of this section only, service
of the required notice, if any notice is required, and of the
supplemental complaint may be made by first-class mail addressed
to the claimant at the subject premises or upon his or her attorney
of record and, in either case, Section 1013 shall otherwise apply.
Further proceedings on the merits of the claimant’s continued right
to possession after service of the Summons and Supplemental
Complaint as prescribed by this subdivision shall be conducted
pursuant to this chapter.

(2) In all other cases, the court shall deem the unlawful detainer
Summons and Complaint to be amended on their faces to include
the claimant as defendant, service of the Summons and Complaint,
as thus amended, may at the plaintiff’s discretion be made at the
hearing or thereafter, and the claimant thus named and served as
a defendant in the action shall answer or otherwise respond within
five days thereafter.

(f) If a claim is made without delivery to the court of the
appropriate filing fee or a form for proceeding in forma pauperis,
as prescribed in this section, the claim shall be immediately deemed
denied and the court shall so order. Upon the denial of the claim,
the court shall immediately deliver an endorsed copy of the order
to the levying officer and shall serve an endorsed copy of the order
on the plaintiff and claimant by first-class mail.

(g) If the claim of right to possession is denied pursuant to
subdivision (f), or if the claimant fails to appear at the hearing or,
upon hearing, if the court determines that there are no valid claims,
or if the claimant does not prevail at a trial on the merits of the
unlawful detainer action, the court shall order the levying officer
to proceed with enforcement of the original writ of possession of
real property as deemed amended to include the claimant, which
shall be effected within a reasonable time not to exceed five days.
Upon receipt of the court’s order, the levying officer shall enforce
the writ of possession of real property against any occupant or
occupants.

(h) The claim of right to possession shall be made on the
following form:

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[3 pages]

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

Section 1501.5 of the Code of Civil Procedure is
amended to read:

1501.5.  

(a) Notwithstanding any provision of law to the
contrary, property received by the state under this chapter shall
not permanently escheat to the state.

(b) The Legislature finds and declares that this section is
declaratory of the existing law and sets forth the intent of the
Legislature regarding the Uniform Disposition of Unclaimed
Property Act (Chapter 1809, Statutes of 1959) and all amendments
thereto and revisions thereof. Any opinions, rulings, orders,
judgments, or other statements to the contrary by any court are
erroneous and inconsistent with the intent of the Legislature.

(c) It is the intent of the Legislature that property owners be
reunited with their property. In making changes to the unclaimed
property program, the Legislature intends to adopt a more
expansive notification program that will provide all of the
following:

(1) Notification by the state to all owners of unclaimed property
prior to escheatment.

(2) A more expansive postescheatment policy that takes action
to identify those owners of unclaimed property.

(3) A waiting period of not less than seven years from delivery
of property to the state prior to disposal of any unclaimed property
deemed to have no commercial value.

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

Section 1571 of the Code of Civil Procedure is
amended to read:

1571.  

(a) The Controller may at reasonable times and upon
reasonable notice examine the records of any person if the
Controller has reason to believe that the person is a holder who
has failed to report property that should have been reported
pursuant to this chapter.

(b) When requested by the Controller, the examination shall be
conducted by any licensing or regulating agency otherwise
empowered by the laws of this state to examine the records of the
holder. For the purpose of determining compliance with this
chapter, the Commissioner of Business Oversight is vested with
full authority to examine the records of any banking organization
and any savings association doing business within this state but
not organized under the laws of or created in this state.

(c) Following a public hearing, the Controller shall adopt
guidelines as to the policies and procedures governing the activity
of third-party auditors who are hired by the Controller.

(d) Following a public hearing, the Controller shall adopt
guidelines, on or before July 1, 1999, establishing forms, policies,
and procedures to enable a person to dispute or appeal the results
of any record examination conducted pursuant to this section.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

Section 1987 of the Code of Civil Procedure is
amended to read:

1987.  

(a) Except as provided in Sections 68097.1 to 68097.8,
inclusive, of the Government Code, the service of a subpoena is
made by delivering a copy, or a ticket containing its substance, to
the witness personally, giving or offering to the witness at the same
time, if demanded by him or her, the fees to which he or she is
entitled for travel to and from the place designated, and one day’s
attendance there. The service shall be made so as to allow the
witness a reasonable time for preparation and travel to the place
of attendance. The service may be made by any person. If service
is to be made on a minor, service shall be made on the minor’s
parent, guardian, conservator, or similar fiduciary, or if one of
those persons cannot be located with reasonable diligence, service
shall be made on any person having the care or control of the minor
or with whom the minor resides or by whom the minor is
employed, and on the minor if the minor is 12 years of age or older.
If the minor is alleged to come within the description of Section
300, 601, or 602 of the Welfare and Institutions Code and the
minor is not in the custody of a parent or guardian, regardless of
the age of the minor, service also shall be made upon the designated
agent for service of process at the county child welfare department
or the probation department under whose jurisdiction the minor
has been placed.

(b) In the case of the production of a party to the record of any
civil action or proceeding or of a person for whose immediate
benefit an action or proceeding is prosecuted or defended or of
anyone who is an officer, director, managing agent, or employee
of any such party or person, the service of a subpoena upon any
such witness is not required if written notice requesting the witness
to attend before a court, or at a trial of an issue therein, with the
time and place thereof, is served upon the attorney of that party or
person. The notice shall be served at least 10 days before the time
required for attendance unless the court prescribes a shorter time.
If entitled thereto, the witness, upon demand, shall be paid witness
fees and mileage before being required to testify. The giving of
the notice shall have the same effect as service of a subpoena on
the witness, and the parties shall have those rights and the court
may make those orders, including the imposition of sanctions, as
in the case of a subpoena for attendance before the court.

(c) (1) If the notice specified in subdivision (b) is served at
least 20 days before the time required for attendance, or within
any shorter period of time as the court may order, it may include
a request that the party or person bring with him or her books,
documents, electronically stored information, or other things. The
notice shall state the exact materials or things desired and that the
party or person has them in his or her possession or under his or
her control. Within five days thereafter, or any other time period
as the court may allow, the party or person of whom the request
is made may serve written objections to the request or any part
thereof, with a statement of grounds. Thereafter, upon noticed
motion of the requesting party, accompanied by a showing of good
cause and of materiality of the items to the issues, the court may
order production of items to which objection was made, unless the
objecting party or person establishes good cause for nonproduction
or production under limitations or conditions. The procedure of
this subdivision is an alternative to the procedure provided by
Sections 1985 and 1987.5 in the cases herein provided for, and no
subpoena duces tecum shall be required.

(2)  Subject to this subdivision, the notice provided in this
subdivision shall have the same effect as is provided in subdivision
(b) as to a notice for attendance of that party or person.

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

Section 2025.510 of the Code of Civil Procedure is
amended to read:

2025.510.  

(a) Unless the parties agree otherwise, the testimony
at a deposition recorded by stenographic means shall be transcribed.

(b)  The party noticing the deposition shall bear the cost of the
transcription, unless the court, on motion and for good cause
shown, orders that the cost be borne or shared by another party.

(c) Notwithstanding subdivision (b) of Section 2025.320, any
other party or the deponent, at the expense of that party or
deponent, may obtain a copy of the transcript.

(d) If the deposition officer receives a request from a party for
an original or a copy of the deposition transcript, or any portion
thereof, and the full or partial transcript will be available to that
party prior to the time the original or copy would be available to
any other party, the deposition officer shall immediately notify all
other parties attending the deposition of the request, and shall,
upon request by any party other than the party making the original
request, make that copy of the full or partial deposition transcript
available to all parties at the same time.

(e) Stenographic notes of depositions shall be retained by the
reporter for a period of not less than eight years from the date of
the deposition, where no transcript is produced, and not less than
one year from the date on which the transcript is produced. The
notes may be either on paper or electronic media, as long as it
allows for satisfactory production of a transcript at any time during
the periods specified.

(f) At the request of any other party to the action, including a
party who did not attend the taking of the deposition testimony,
any party who records or causes the recording of that testimony
by means of audio or video technology shall promptly do both of
the following:

(1) Permit that other party to hear the audio recording or to view
the video recording.

(2) Furnish a copy of the audio or video recording to that other
party on receipt of payment of the reasonable cost of making that
copy of the recording.

(g) If the testimony at the deposition is recorded both
stenographically and by audio or video technology, the
stenographic transcript shall be the official record of that testimony
for the purpose of the trial and any subsequent hearing or appeal.

(h) (1) The requesting attorney or party appearing in propria
persona shall timely pay the deposition officer or the entity
providing the services of the deposition officer for the transcription
or copy of the transcription described in subdivision (b) or (c), and
any other deposition product or service that is requested either
orally or in writing.

(2) This subdivision shall apply unless responsibility for the
payment is otherwise provided by law or unless the deposition
officer or entity is notified in writing at the time the services or
products are requested that the party or another identified person
will be responsible for payment.

(3) This subdivision does not prohibit or supersede an agreement
between an attorney and a party allocating responsibility for the
payment of deposition costs to the party.

(4) Unless the parties agree otherwise, if a party or a party’s
attorney disputes the reasonableness of fees charged by a deposition
officer or an entity providing the services of a deposition officer
for the transcription or copy of the transcription described in
subdivision (b) or (c), or any other deposition product or service
requested orally or in writing, the party or attorney shall file an
independent civil action to determine the reasonableness of the
fees.

(5) The requesting attorney or party appearing in propria
persona, upon the written request of a deposition officer who has
obtained a final judgment for payment of services provided
pursuant to this subdivision, shall provide to the deposition officer
an address that can be used to effectuate service for the purpose
of Section 708.110 in the manner specified in Section 415.10.

(i) For purposes of this section, “deposition product or service”
means any product or service provided in connection with a
deposition that qualifies as shorthand reporting, as described in
Section 8017 of the Business and Professions Code, and any
product or service derived from that shorthand reporting.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 912 of the Evidence Code is amended to read:

912.  

(a) Except as otherwise provided in this section, the right
of any person to claim a privilege provided by Section 954
(lawyer-client privilege), 966 (lawyer referral service-client
privilege), 980 (privilege for confidential marital communications),
994 (physician-patient privilege), 1014 (psychotherapist-patient
privilege), 1033 (privilege of penitent), 1034 (privilege of clergy
member), 1035.8 (sexual assault counselor-victim privilege),
1037.5 (domestic violence counselor-victim privilege), or 1038
(human trafficking caseworker-victim privilege) is waived with
respect to a communication protected by the privilege if any holder
of the privilege, without coercion, has disclosed a significant part
of the communication or has consented to disclosure made by
anyone. Consent to disclosure is manifested by any statement or
other conduct of the holder of the privilege indicating consent to
the disclosure, including failure to claim the privilege in any
proceeding in which the holder has legal standing and the
opportunity to claim the privilege.

(b) Where two or more persons are joint holders of a privilege
provided by Section 954 (lawyer-client privilege), 966 (lawyer
referral service-client privilege), 994 (physician-patient privilege),
1014 (psychotherapist-patient privilege), 1035.8 (sexual assault
counselor-victim privilege), 1037.5 (domestic violence
counselor-victim privilege), or 1038 (human trafficking
caseworker-victim privilege), a waiver of the right of a particular
joint holder of the privilege to claim the privilege does not affect
the right of another joint holder to claim the privilege. In the case
of the privilege provided by Section 980 (privilege for confidential
marital communications), a waiver of the right of one spouse to
claim the privilege does not affect the right of the other spouse to
claim the privilege.

(c) A disclosure that is itself privileged is not a waiver of any
privilege.

(d) A disclosure in confidence of a communication that is
protected by a privilege provided by Section 954 (lawyer-client
privilege), 966 (lawyer referral service-client privilege), 994
(physician-patient privilege), 1014 (psychotherapist-patient
privilege), 1035.8 (sexual assault counselor-victim privilege),
1037.5 (domestic violence counselor-victim privilege), or 1038
(human trafficking caseworker-victim privilege), when disclosure
is reasonably necessary for the accomplishment of the purpose for
which the lawyer, lawyer referral service, physician,
psychotherapist, sexual assault counselor, domestic violence
counselor, or human trafficking caseworker was consulted, is not
a waiver of the privilege.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

Section 917 of the Evidence Code is amended to read:

917.  

(a) If a privilege is claimed on the ground that the matter
sought to be disclosed is a communication made in confidence in
the course of the lawyer-client, lawyer referral service-client,
physician-patient, psychotherapist-patient, clergy-penitent,
husband-wife, sexual assault counselor-victim, domestic violence
counselor-victim, or human trafficking caseworker-victim
relationship, the communication is presumed to have been made
in confidence and the opponent of the claim of privilege has the
burden of proof to establish that the communication was not
confidential.

(b) A communication between persons in a relationship listed
in subdivision (a) does not lose its privileged character for the sole
reason that it is communicated by electronic means or because
persons involved in the delivery, facilitation, or storage of
electronic communication may have access to the content of the
communication.

(c) For purposes of this section, “electronic” has the same
meaning provided in Section 1633.2 of the Civil Code.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 1038.2 of the Evidence Code is amended to
read:

1038.2.  

(a)  As used in this article, “victim” means any person
who is a “trafficking victim” as defined in Section 236.1 of the
Penal Code.

(b) As used in this article, “human trafficking caseworker”
means any of the following:

(1) A person who is employed by any organization providing
the programs specified in Section 18294 of the Welfare and
Institutions Code, whether financially compensated or not, for the
purpose of rendering advice or assistance to victims of human
trafficking, who has received specialized training in the counseling
of human trafficking victims, and who meets one of the following
requirements:

(A) Has a master’s degree in counseling or a related field; or
has one year of counseling experience, at least six months of which
is in the counseling of human trafficking victims.

(B) Has at least 40 hours of training as specified in this
paragraph and is supervised by an individual who qualifies as a
counselor under subparagraph (A), or is a psychotherapist, as
defined in Section 1010. The training, supervised by a person
qualified under subparagraph (A), shall include, but need not be
limited to, the following areas: history of human trafficking, civil
and criminal law as it relates to human trafficking, societal attitudes
toward human trafficking, peer counseling techniques, housing,
public assistance, and other financial resources available to meet
the financial needs of human trafficking victims, and referral
services available to human trafficking victims. A portion of this
training must include an explanation of privileged communication.

(2) A person who is employed by any organization providing
the programs specified in Section 13835.2 of the Penal Code,
whether financially compensated or not, for the purpose of
counseling and assisting human trafficking victims, and who meets
one of the following requirements:

(A) Is a psychotherapist as defined in Section 1010, has a
master’s degree in counseling or a related field, or has one year of
counseling experience, at least six months of which is in rape
assault counseling.

(B) Has the minimum training for human trafficking counseling
required by guidelines established by the employing agency
pursuant to subdivision (c) of Section 13835.10 of the Penal Code,
and is supervised by an individual who qualifies as a counselor
under subparagraph (A). The training, supervised by a person
qualified under subparagraph (A), shall include, but not be limited
to, law, victimology, counseling techniques, client and system
advocacy, and referral services. A portion of this training must
include an explanation of privileged communication.

(c) As used in this article, “confidential communication” means
information transmitted between the victim and the caseworker in
the course of their relationship and in confidence by a means which,
so far as the victim is aware, discloses the information to no third
persons other than those who are present to further the interests of
the victim in the consultation or those to whom disclosures are
reasonably necessary for the transmission of the information or an
accomplishment of the purposes for which the human trafficking
counselor is consulted. It includes all information regarding the
facts and circumstances involving all incidences of human
trafficking.

(d) As used in this article, “holder of the privilege” means the
victim when he or she has no guardian or conservator, or a guardian
or conservator of the victim when the victim has a guardian or
conservator.

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

Section 504 of the Family Code is amended to read:

504.  

A confidential marriage license is valid only for a period
of 90 days after its issuance by the county clerk.

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

Section 2251 of the Family Code is amended to read:

2251.  

(a) If a determination is made that a marriage is void or
voidable and the court finds that either party or both parties
believed in good faith that the marriage was valid, the court shall:

(1) Declare the party or parties to have the status of a putative
spouse.

(2) If the division of property is in issue, divide, in accordance
with Division 7 (commencing with Section 2500), that property
acquired during the union which would have been community
property or quasi-community property if the union had not been
void or voidable. This property is known as “quasi-marital
property.”

(b) If the court expressly reserves jurisdiction, it may make the
property division at a time after the judgment.

(c) A court shall not make the orders or declarations authorized
in subdivision (a) unless the party or parties that believed in good
faith that the marriage was valid request the court to do so.

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

Section 831.7 of the Government Code is amended
to read:

831.7.  

(a) Neither a public entity nor a public employee is
liable to any person who participates in a hazardous recreational
activity, including any person who assists the participant, or to any
spectator who knew or reasonably should have known that the
hazardous recreational activity created a substantial risk of injury
to himself or herself and was voluntarily in the place of risk, or
having the ability to do so failed to leave, for any damage or injury
to property or persons arising out of that hazardous recreational
activity.

(b) As used in this section, “hazardous recreational activity”
means a recreational activity conducted on property of a public
entity that creates a substantial, as distinguished from a minor,
trivial, or insignificant, risk of injury to a participant or a spectator.

“Hazardous recreational activity” also means:

(1) Water contact activities, except diving, in places where, or
at a time when, lifeguards are not provided and reasonable warning
thereof has been given, or the injured party should reasonably have
known that there was no lifeguard provided at the time.

(2) Any form of diving into water from other than a diving board
or diving platform, or at any place or from any structure where
diving is prohibited and reasonable warning thereof has been given.

(3) Animal riding, including equestrian competition, archery,
bicycle racing or jumping, bicycle motocross, mountain bicycling,
boating, cross-country and downhill skiing, hang gliding, kayaking,
motorized vehicle racing, off-road motorcycling or four-wheel
driving of any kind, orienteering, pistol and rifle shooting, rock
climbing, rocketeering, rodeo, self-contained underwater breathing
apparatus (SCUBA) diving, spelunking, skydiving, sport
parachuting, paragliding, body contact sports, surfing,
trampolining, tree climbing, tree rope swinging, waterskiing, white
water rafting, and windsurfing. For the purposes of this subdivision,
“mountain bicycling” does not include riding a bicycle on paved
pathways, roadways, or sidewalks. For the purpose of this
paragraph, “body contact sports” means sports in which it is
reasonably foreseeable that there will be rough bodily contact with
one or more participants.

(c) (1) Notwithstanding subdivision (a), this section does not
limit liability that would otherwise exist for any of the following:

(A) Failure of the public entity or employee to guard or warn
of a known dangerous condition or of another hazardous
recreational activity known to the public entity or employee that
is not reasonably assumed by the participant as inherently a part
of the hazardous recreational activity out of which the damage or
injury arose.

(B) Damage or injury suffered in any case where permission to
participate in the hazardous recreational activity was granted for
a specific fee. For the purpose of this subparagraph, “specific fee”
does not include a fee or consideration charged for a general
purpose such as a general park admission charge, a vehicle entry
or parking fee, or an administrative or group use application or
permit fee, as distinguished from a specific fee charged for
participation in the specific hazardous recreational activity out of
which the damage or injury arose.

(C) Injury suffered to the extent proximately caused by the
negligent failure of the public entity or public employee to properly
construct or maintain in good repair any structure, recreational
equipment or machinery, or substantial work of improvement
utilized in the hazardous recreational activity out of which the
damage or injury arose.

(D) Damage or injury suffered in any case where the public
entity or employee recklessly or with gross negligence promoted
the participation in or observance of a hazardous recreational
activity. For purposes of this subparagraph, promotional literature
or a public announcement or advertisement that merely describes
the available facilities and services on the property does not in
itself constitute a reckless or grossly negligent promotion.

(E) An act of gross negligence by a public entity or a public
employee that is the proximate cause of the injury.

(2) Nothing in this subdivision creates a duty of care or basis
of liability for personal injury or damage to personal property.

(d) Nothing in this section limits the liability of an independent
concessionaire, or any person or organization other than the public
entity, whether or not the person or organization has a contractual
relationship with the public entity to use the public property, for
injuries or damages suffered in any case as a result of the operation
of a hazardous recreational activity on public property by the
concessionaire, person, or organization.

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

Section 1456 of the Government Code is repealed.

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

Section 6103.13 is added to the Government Code,
to read:

6103.13.  

Except as otherwise provided in this chapter, a probate
referee acting in his or her official capacity upon designation by
the court and who performs any act authorized or required pursuant
to the Probate Code shall be exempt from paying or depositing a
fee for the filing of any document, paper, report, supplemental
report, or objection in any proceeding that may constitute an
appearance by a party to a legal proceeding.

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

Section 8214.15 of the Government Code is amended
to read:

8214.15.  

(a) In addition to any commissioning or disciplinary
sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section
8214.1, or a willful violation of subdivision (d) of Section 8214.1,
is punishable by a civil penalty not to exceed one thousand five
hundred dollars ($1,500).

(b) In addition to any commissioning or disciplinary sanction,
a violation of subdivision (h), (j), or (k) of Section 8214.1, or a
negligent violation of subdivision (d) of Section 8214.1 is
punishable by a civil penalty not to exceed seven hundred fifty
dollars ($750).

(c) The civil penalty may be imposed by the Secretary of State
if a hearing is not requested pursuant to Section 8214.3. If a hearing
is requested, the hearing officer shall make the determination.

(d) Any civil penalties collected pursuant to this section shall
be transferred to the General Fund. It is the intent of the Legislature
that to the extent General Fund moneys are raised by penalties
collected pursuant to this section, that money shall be made
available to the Secretary of State’s office to defray its costs of
investigating and pursuing commissioning and monetary remedies
for violations of the notary public law.

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

Section 60371 of the Government Code is amended
to read:

60371.  

(a) If a district furnishes residential light, heat, water,
or power through a master meter, or furnishes individually metered
service in a single-family dwelling, multiunit residential structure,
mobilehome park, or farm labor camp and the owner, manager, or
farm labor employer is the customer of record, the district shall
make every good faith effort to inform the actual users of the
services, by means of written notice, when the account is in arrears,
that service will be terminated in 10 days. The written notice shall
further inform the actual users that they have the right to become
customers of the district without being required to pay the amount
due on the delinquent account. The notice shall be in English and
in the languages listed in Section 1632 of the Civil Code.

(b) The district is not required to make service available to the
actual users unless each actual user agrees to the terms and
conditions of service, and meets the requirements of the district’s
rules and tariffs. However, if one or more actual users are willing
and able to assume responsibility for the subsequent charges to
the account to the satisfaction of the district, or if there is a physical
means, legally available to the district, of selectively terminating
service to those actual users who have not met the requirements
of the district’s rules and tariffs, the district shall make service
available to the actual users who have met those requirements.

(c)  If prior service for a period of time is a condition for
establishing credit with the district, residence and proof of prompt
payment of rent for that period of time is a satisfactory equivalent.

(d) Any actual user who becomes a customer of the district
pursuant to this section whose periodic payments, such as rental
payments, include charges for residential light, heat, water, or
power, where these charges are not separately stated, may deduct
from the periodic payment each payment period all reasonable
charges paid to the district for those services during the preceding
payment period.

begin delete SEC. 23. end delete
begin insert SEC. 24. end insert   

Section 68085.1 of the Government Code, as amended
by Section 18 of Chapter 41 of the Statutes of 2012, is amended
to read:

68085.1.  

(a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:

(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
Code of Civil Procedure.

(2) Section 3112 of the Family Code.

(3) Section 31622 of the Food and Agricultural Code.

(4) Subdivision (d) of Section 6103.5, Sections 68086 and
68086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
69953.5, and Chapter 5.8 (commencing with Section 70600).

(5) Section 103470 of the Health and Safety Code.

(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
of the Penal Code.

(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.

(8) Sections 14607.6 and 16373 of the Vehicle Code.

(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
of the Family Code, and Section 1513.1 of the Probate Code, if
the reimbursement is for expenses incurred by the court.

(10) Section 3153 of the Family Code, if the amount is paid to
the court for the cost of counsel appointed by the court to represent
a child.

(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office
of the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under
the sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted
by, and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days
after the end of the month in which the fees and fines are collected,
each court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office
of the Courts and any court may agree upon a time period greater
than 15 days, but in no case more than 30 days after the end of the
month in which the fees and fines are collected. The fees and fines
listed in subdivision (a) shall be distributed as provided in this
section.

(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:

(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.

(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.

(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision
(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
Section 70621 of this code, and Section 14607.6 of the Vehicle
Code.

(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.

(E) Commencing July 1, 2011, to the Trial Court Trust Fund,
as described in subdivision (e) of Section 70626, to be used by the
Judicial Council to implement and administer the civil
representation pilot program under Section 68651.

(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).

(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall
be transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance
shall be accompanied by a remittance advice identifying the
collection month and the appropriate account in the Trial Court
Trust Fund or other fund to which it is to be deposited. Upon the
receipt of any delinquent payment required under this subdivision,
the Controller shall calculate a penalty as provided under
subdivision (i).

(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:

(1) Into the State Court Facilities Construction Fund, the Judges’
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.

(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730
of the Health and Safety Code.

(3) Into the Family Law Trust Fund, as described in Section
70674.

(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.

(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.

(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of
Section 6103.5, subdivision (d) of Section 68511.3 and Sections
68926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
Probate Code shall be added to the monthly apportionment for that
court under subdivision (a) of Section 68085.

(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as
the amount of each distribution bears to the total amount of the
fee. If the fee is paid by installment payments, the amount
distributed to each fund or account from each installment shall
bear the same proportion to the installment payment as the full
distribution to that fund or account does to the full fee. If a court
collects a fee that was incurred before January 1, 2006, under a
provision that was the predecessor to one of the paragraphs
contained in subdivision (a), the fee may be deposited as if it were
collected under the paragraph of subdivision (a) that corresponds
to the predecessor of that paragraph and distributed in prorated
amounts to each fund or account to which the fee in subdivision
(a) must be distributed.

(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and
70625 of this code, an agency shall not take action to change the
amounts allocated to any of the funds described in subdivision (c),
(d), or (e).

(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11⁄2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties
on delinquent payments under subdivision (d) shall be calculated
only on the amounts to be distributed to the Trial Court Trust Fund
and the State Court Facilities Construction Fund, and each penalty
shall be distributed proportionately to the funds to which the
delinquent payment was to be distributed.

(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount
of the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant
to this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in
which the penalty was calculated. If the penalty is not paid within
the specified time, the Administrative Office of the Courts may
reduce the amount of a subsequent monthly allocation to the court
by the amount of the penalty on the delinquent payment.

(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall
be paid by the county to the Trial Court Trust Fund no later than
45 days after the end of the month in which the penalty was
calculated.

(l) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 24. end delete
begin insert SEC. 25. end insert   

Section 68631 of the Government Code is amended
to read:

68631.  

An initial fee waiver shall be granted by the court at
any stage of the proceedings at both the appellate and trial court
levels if an applicant meets the standards of eligibility and
application requirements under Sections 68632 and 68633. An
initial fee waiver excuses the applicant from paying fees for the
first pleading or other paper, and other court fees and costs,
including assessments for court investigations under Section 1513
or 1826 of the Probate Code, as specified in rules adopted by the
Judicial Council, unless the court orders the applicant to make
partial payments under subdivision (c) of Section 68632,
subdivision (d) of Section 68636, or subdivision (e) of Section
68637. Under circumstances set forth in Section 68636, the court
may reconsider the initial fee waiver and order the fee waiver
withdrawn for future fees and costs or deny the fee waiver
retroactively. At the end of the case, the court may recover fees
and costs that were initially waived under circumstances set forth
in Section 68637. Upon establishment of a conservatorship or
guardianship, the court may collect all or part of any fees waived
pursuant to this section and Section 68632 from the estate of the
conservatee or ward, if the court finds that the estate has the ability
to pay the fees, or a portion thereof, immediately, over a period of
time, or under some other equitable agreement, without using
moneys that normally would pay for the common necessaries of
life for the applicant and the applicant’s family.

begin delete SEC. 25. end delete
begin insert SEC. 26. end insert   

Section 68631.5 is added to the Government Code,
to read:

68631.5.  

For purposes of this article, a conservatee, ward, or
person for whom a conservatorship or guardianship is sought, shall
be deemed the “applicant,” and the conservator, guardian, or person
or persons seeking to establish the conservatorship or guardianship
shall be deemed the “petitioner.” In those cases, the petitioner is
responsible for completing all forms and providing all information
required under this article.

begin delete SEC. 26. end delete
begin insert SEC. 27. end insert   

Section 68632 of the Government Code is amended
to read:

68632.  

Permission to proceed without paying court fees and
costs because of an applicant’s financial condition shall be granted
initially to all of the following persons:

(a) An applicant who is receiving public benefits under one or
more of the following programs:

(1) Supplemental Security Income (SSI) and State
Supplementary Payment (SSP) (Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code).

(2) California Work Opportunity and Responsibility to Kids
Act (CalWORKs) (Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9 of the Welfare and Institutions Code) or a
federal Tribal Temporary Assistance for Needy Families (Tribal
TANF) grant program (Section 10553.25 of the Welfare and
Institutions Code).

(3) Supplemental Nutrition Assistance Program (Chapter 51
(commencing with Section 2011) of Title 7 of the United States
Code) or CalFresh (Chapter 10 (commencing with Section 18900)
of Part 6 of Division 9 of the Welfare and Institutions Code).

(4) County Relief, General Relief (GR), or General Assistance
(GA) (Part 5 (commencing with Section 17000) of Division 9 of
the Welfare and Institutions Code).

(5) Cash Assistance Program for Aged, Blind, and Disabled
Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section
18937) of Part 6 of Division 9 of the Welfare and Institutions
Code).

(6) In-Home Supportive Services (IHSS) (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code).

(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code).

(b) An applicant whose monthly income is 125 percent or less
of the current poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human
Services under the authority of paragraph (2) of Section 9902 of
Title 42 of the United States Code.

(c) An applicant who, as individually determined by the court,
cannot pay court fees without using moneys that normally would
pay for the common necessaries of life for the applicant and the
applicant’s family. Only if a trial court finds that an applicant under
this subdivision can pay a portion of court fees, or can pay court
fees over a period of time, or under some other equitable
arrangement, without using moneys that normally would pay for
the common necessaries of life for the applicant and the applicant’s
family, the court may grant a partial initial fee waiver using the
notice and hearing procedures set forth in paragraph (5) of
subdivision (e) of Section 68634. “Common necessaries of life,”
as used in this article, shall be interpreted consistently with the use
of that term in paragraph (1) of subdivision (c) of Section 706.051
of the Code of Civil Procedure, as that paragraph read prior to
January 1, 2012.

(d) A person who files a petition for appointment of a fiduciary
in a guardianship or conservatorship, or files pleadings as the
appointed fiduciary of a conservatee or ward, when the financial
condition of the conservatee or ward meets the standards for a fee
waiver pursuant to subdivision (a), (b), or (c).

begin delete SEC. 27. end delete
begin insert SEC. 28. end insert   

Section 1569.698 of the Health and Safety Code is
amended to read:

1569.698.  

(a) The State Fire Marshal has proposed that the
State Building Standards Commission adopt building standards to
provide for locked and secured perimeters in residential care
facilities for the elderly that care for persons with dementia:

(1) It is acknowledged that these building standards will not
become effective until October 1, 1996.

(2) It is the policy of the State Building Standards Commission
that building standards be adopted exclusively into the California
Building Standards Code and not into state statute.

(3) However, in recognition of the immediate need of residential
care facilities for the elderly caring for persons with dementia to
provide a secured environment, it is the intent of the Legislature
that the building standards for locked and secured perimeters
proposed by the State Fire Marshal for adoption in the 1994
California Building Standards Code, as set forth in Section
1569.699, be effective upon the date this article becomes operative.

(b) (1) Upon the filing of emergency regulations with the
Secretary of State pursuant to subdivision (c), a residential care
facility for the elderly that cares for people with dementia may
utilize secured perimeter fences or locked exit doors, if it meets
the requirements for additional safeguards required by those
regulations.

(2) For the purposes of this article, dementia includes
Alzheimer’s disease and related disorders, diagnosed by a
physician, that increase the tendency to wander and that decrease
hazard awareness and the ability to communicate.

(3) It is the intent of the Legislature in enacting this article that
residential care facilities for the elderly have options for the
security of persons with dementia who are residents of those
facilities that are in addition to existing security exceptions made
for individual residents. It is the further intent of the Legislature
that these additional options shall include the use of waivers of
certain building standards relating to fire safety, to be issued by
the state department with the approval of the State Fire Marshal,
to permit the care of a target group of persons with dementia by
means of secured perimeter fences, or the use of locked exterior
doors. Each waiver request shall include a facility plan of operation
that addresses elements of care to be identified by the department
in regulations and demonstrates the facility’s ability to meet the
safety needs of persons with dementia.

(4) The department shall adopt regulations that ensure that staff
for secured perimeter facilities receive appropriate and adequate
training in the care of residents with dementia.

(5) Nothing in this section is intended to prohibit residential
care facilities for the elderly from accepting or retaining persons
with dementia whose needs can be fully met using care options
permitted by existing law and regulations.

(6) It is not the intent of the Legislature to authorize an increase
in the level of care provided in a residential care facility for the
elderly or to establish a supplemental rate structure based on the
services provided in the facility.

(7) All admissions to residential care facilities for the elderly
shall continue to be voluntary on the part of the resident or with
the lawful consent of the resident’s legal conservator.

(c) The department shall adopt regulations to implement
subdivision (b) in accordance with those provisions of the
Administrative Procedure Act contained in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. The initial adoption of any emergency
regulations following the effective date of the act amending this
section during the 1995-96 Regular Legislative Session shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Emergency regulations adopted pursuant to this
subdivision shall remain in effect for no more than 180 days.

(d) In addition to the security options authorized by subdivision
(b), residential care facilities for the elderly that accept or retain
as residents persons with dementia, and that choose to utilize the
security options of egress-control devices of the time-delay type
in addition to secured perimeter fences or locked exit doors, shall
comply with Section 1569.699, or regulations adopted by the State
Building Standards Commission, whichever is operative.

(e) A residential care facility for the elderly shall not utilize
special egress-control devices of the time-delay type, secured
perimeter fences, or locked exit doors unless the facility meets the
requirements of Section 1569.699 or the Building Standards
Commission adopts building standards to implement this section.

(f) Any person who is not a conservatee and is entering a locked
or secured perimeter facility pursuant to this section, shall sign a
statement of voluntary entry. The facility shall retain the original
statement and shall send a copy of the statement to the department.

begin delete SEC. 28. end delete
begin insert SEC. 29. end insert   

Section 11163.3 of the Penal Code is amended to
read:

11163.3.  

(a) A county may establish an interagency domestic
violence death review team to assist local agencies in identifying
and reviewing domestic violence deaths, including homicides and
suicides, and facilitating communication among the various
agencies involved in domestic violence cases. Interagency domestic
violence death review teams have been used successfully to ensure
that incidents of domestic violence and abuse are recognized and
that agency involvement is reviewed to develop recommendations
for policies and protocols for community prevention and
intervention initiatives to reduce and eradicate the incidence of
domestic violence.

(b) For purposes of this section, “abuse” has the meaning set
forth in Section 6203 of the Family Code and “domestic violence”
has the meaning set forth in Section 6211 of the Family Code.

(c) A county may develop a protocol that may be used as a
guideline to assist coroners and other persons who perform
autopsies on domestic violence victims in the identification of
domestic violence, in the determination of whether domestic
violence contributed to death or whether domestic violence had
occurred prior to death, but was not the actual cause of death, and
in the proper written reporting procedures for domestic violence,
including the designation of the cause and mode of death.

(d) County domestic violence death review teams shall be
comprised of, but not limited to, the following:

(1) Experts in the field of forensic pathology.

(2) Medical personnel with expertise in domestic violence abuse.

(3) Coroners and medical examiners.

(4) Criminologists.

(5) District attorneys and city attorneys.

(6) Domestic violence shelter service staff and battered women’s
advocates.

(7) Law enforcement personnel.

(8) Representatives of local agencies that are involved with
domestic violence abuse reporting.

(9) County health department staff who deal with domestic
violence victims’ health issues.

(10) Representatives of local child abuse agencies.

(11) Local professional associations of persons described in
paragraphs (1) to (10), inclusive.

(e) An oral or written communication or a document shared
within or produced by a domestic violence death review team
related to a domestic violence death review is confidential and not
subject to disclosure or discoverable by a third party. An oral or
written communication or a document provided by a third party
to a domestic violence death review team, or between a third party
and a domestic violence death review team, is confidential and not
subject to disclosure or discoverable by a third party.
Notwithstanding the foregoing, recommendations of a domestic
violence death review team upon the completion of a review may
be disclosed at the discretion of a majority of the members of the
domestic violence death review team.

(f) Each organization represented on a domestic violence death
review team may share with other members of the team information
in its possession concerning the victim who is the subject of the
review or any person who was in contact with the victim and any
other information deemed by the organization to be pertinent to
the review. Any information shared by an organization with other
members of a team is confidential. This provision shall permit the
disclosure to members of the team of any information deemed
confidential, privileged, or prohibited from disclosure by any other
statute.

(g) Written and oral information may be disclosed to a domestic
violence death review team established pursuant to this section.
The team may make a request in writing for the information sought
and any person with information of the kind described in paragraph
(2) may rely on the request in determining whether information
may be disclosed to the team.

(1) An individual or agency that has information governed by
this subdivision shall not be required to disclose information. The
intent of this subdivision is to allow the voluntary disclosure of
information by the individual or agency that has the information.

(2) The following information may be disclosed pursuant to this
subdivision:

(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.

(B) Notwithstanding Section 5328 of the Welfare and
Institutions Code, mental health information.

(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made
reports, which shall not be disclosed.

(D) Notwithstanding Section 11167.5 of the Penal Code,
information from child abuse reports and investigations, except
the identity of persons who have made reports, which shall not be
disclosed.

(E) State summary criminal history information, criminal
offender record information, and local summary criminal history
information, as defined in Sections 11075, 11105, and 13300 of
the Penal Code.

(F) Notwithstanding Section 11163.2 of the Penal Code,
information pertaining to reports by health practitioners of persons
suffering from physical injuries inflicted by means of a firearm or
of persons suffering physical injury where the injury is a result of
assaultive or abusive conduct, and information relating to whether
a physician referred the person to local domestic violence services
as recommended by Section 11161 of the Penal Code.

(G) Notwithstanding Section 827 of the Welfare and Institutions
Code, information in any juvenile court proceeding.

(H) Information maintained by the Family Court, including
information relating to the Family Conciliation Court Law pursuant
to Section 1818 of the Family Code, and Mediation of Custody
and Visitation Issues pursuant to Section 3177 of the Family Code.

(I) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10 of the Penal
Code, as well as the information on which these reports are based.

(J) Notwithstanding Section 10850 of the Welfare and
Institutions Code, records of in-home supportive services, unless
disclosure is prohibited by federal law.

(3) The disclosure of written and oral information authorized
under this subdivision shall apply notwithstanding Sections 2263,
2918, 4982, and 6068 of the Business and Professions Code, or
the lawyer-client privilege protected by Article 3 (commencing
with Section 950) of Chapter 4 of Division 8 of the Evidence Code,
the physician-patient privilege protected by Article 6 (commencing
with Section 990) of Chapter 4 of Division 8 of the Evidence Code,
the psychotherapist-patient privilege protected by Article 7
(commencing with Section 1010) of Chapter 4 of Division 8 of
the Evidence Code, the sexual assault counselor-victim privilege
protected by Article 8.5 (commencing with Section 1035) of
Chapter 4 of Division 8 of the Evidence Code, the domestic
violence counselor-victim privilege protected by Article 8.7
(commencing with Section 1037) of Chapter 4 of Division 8 of
the Evidence Code, and the human trafficking caseworker-victim
privilege protected by Article 8.8 (commencing with Section 1038)
of Chapter 4 of Division 8 of the Evidence Code.

begin delete SEC. 29. end delete
begin insert SEC. 30. end insert   

Section 1811 of the Probate Code is amended to read:

1811.  

(a) Subject to Sections 1813 and 1813.1, the spouse,
domestic partner, or an adult child, parent, brother, or sister of the
proposed conservatee may nominate a conservator in the petition
or at the hearing on the petition.

(b) Subject to Sections 1813 and 1813.1, the spouse, domestic
partner, or a parent of the proposed conservatee may nominate a
conservator in a writing signed either before or after the petition
is filed and that nomination remains effective notwithstanding the
subsequent legal incapacity or death of the spouse, domestic
partner, or parent.

begin delete SEC. 30. end delete
begin insert SEC. 31. end insert   

Section 1812 of the Probate Code is amended to read:

1812.  

(a) Subject to Sections 1810, 1813, and 1813.1, the
selection of a conservator of the person or estate, or both, is solely
in the discretion of the court and, in making the selection, the court
is to be guided by what appears to be for the best interests of the
proposed conservatee.

(b) Subject to Sections 1810, 1813, and 1813.1, of persons
equally qualified in the opinion of the court to appointment as
conservator of the person or estate or both, preference is to be
given in the following order:

(1) The spouse or domestic partner of the proposed conservatee
or the person nominated by the spouse or domestic partner pursuant
to Section 1811.

(2) An adult child of the proposed conservatee or the person
nominated by the child pursuant to Section 1811.

(3) A parent of the proposed conservatee or the person
nominated by the parent pursuant to Section 1811.

(4) A brother or sister of the proposed conservatee or the person
nominated by the brother or sister pursuant to Section 1811.

(5) Any other person or entity eligible for appointment as a
conservator under this code or, if there is no person or entity willing
to act as a conservator, under the Welfare and Institutions Code.

(c) The preference for any nominee for appointment under
paragraphs (2), (3), and (4) of subdivision (b) is subordinate to the
preference for any other parent, child, brother, or sister in that
class.

begin delete SEC. 31. end delete
begin insert SEC. 32. end insert   

Section 1813 of the Probate Code is amended to read:

1813.  

(a) (1) The spouse of a proposed conservatee may not
petition for the appointment of a conservator for a spouse or be
appointed as conservator of the person or estate of the proposed
conservatee unless the petitioner alleges in the petition for
appointment as conservator, and the court finds, that the spouse is
not a party to any action or proceeding against the proposed
conservatee for legal separation of the parties, dissolution of
marriage, or adjudication of nullity of their marriage. However, if
the court finds by clear and convincing evidence that the
appointment of the spouse, who is a party to an action or
proceeding against the proposed conservatee for legal separation
of the parties, dissolution of marriage, or adjudication of nullity
of their marriage, or has obtained a judgment in any of these
proceedings, is in the best interests of the proposed conservatee,
the court may appoint the spouse.

(2) Prior to making this appointment, the court shall appoint
counsel to consult with and advise the conservatee, and to report
to the court his or her findings concerning the suitability of
appointing the spouse as conservator.

(b) The spouse of a conservatee shall disclose to the conservator,
or if the spouse is the conservator, shall disclose to the court, the
filing of any action or proceeding against the conservatee for legal
separation of the parties, dissolution of marriage, or adjudication
of nullity of the marriage, within 10 days of the filing of the action
or proceeding by filing a notice with the court and serving the
notice according to the notice procedures under this title. The court
may, upon receipt of the notice, set the matter for hearing on an
order to show cause why the appointment of the spouse as
conservator, if the spouse is the conservator, should not be
terminated and a new conservator appointed by the court.

begin delete SEC. 32. end delete
begin insert SEC. 33. end insert   

Section 2356.5 of the Probate Code is amended to
read:

2356.5.  

(a) The Legislature hereby finds and declares:

(1) That people with dementia, as defined in the last published
edition of the “Diagnostic and Statistical Manual of Mental
Disorders,” should have a conservatorship to serve their unique
and special needs.

(2) That, by adding powers to the probate conservatorship for
people with dementia, their unique and special needs can be met.
This will reduce costs to the conservatee and the family of the
conservatee, reduce costly administration by state and county
government, and safeguard the basic dignity and rights of the
conservatee.

(3) That it is the intent of the Legislature to recognize that the
administration of psychotropic medications has been, and can be,
abused by caregivers and, therefore, granting powers to a
conservator to authorize these medications for the treatment of
dementia requires the protections specified in this section.

(b) Notwithstanding any other law, a conservator may authorize
the placement of a conservatee in a secured perimeter residential
care facility for the elderly operated pursuant to Section 1569.698
of the Health and Safety Code, and which has a care plan that
meets the requirements of Section 87705 of Title 22 of the
California Code of Regulations, upon a court’s finding, by clear
and convincing evidence, of all of the following:

(1) The conservatee has dementia, as defined in the last
published edition of the “Diagnostic and Statistical Manual of
Mental Disorders.”

(2) The conservatee lacks the capacity to give informed consent
to this placement and has at least one mental function deficit
pursuant to subdivision (a) of Section 811, and this deficit
significantly impairs the person’s ability to understand and
appreciate the consequences of his or her actions pursuant to
subdivision (b) of Section 811.

(3) The conservatee needs or would benefit from a restricted
and secure environment, as demonstrated by evidence presented
by the physician or psychologist referred to in paragraph (3) of
subdivision (f).

(4) The court finds that the proposed placement in a locked
facility is the least restrictive placement appropriate to the needs
of the conservatee.

(c) Notwithstanding any other law, a conservator of a person
may authorize the administration of medications appropriate for
the care and treatment of dementia, upon a court’s finding, by clear
and convincing evidence, of all of the following:

(1) The conservatee has dementia, as defined in the last
published edition of the “Diagnostic and Statistical Manual of
Mental Disorders.”

(2) The conservatee lacks the capacity to give informed consent
to the administration of medications appropriate to the care of
dementia, and has at least one mental function deficit pursuant to
subdivision (a) of Section 811, and this deficit or deficits
significantly impairs the person’s ability to understand and
appreciate the consequences of his or her actions pursuant to
subdivision (b) of Section 811.

(3) The conservatee needs or would benefit from appropriate
medication as demonstrated by evidence presented by the physician
or psychologist referred to in paragraph (3) of subdivision (f).

(d) Pursuant to subdivision (b) of Section 2355, in the case of
a person who is an adherent of a religion whose tenets and practices
call for a reliance on prayer alone for healing, the treatment
required by the conservator under subdivision (c) shall be by an
accredited practitioner of that religion in lieu of the administration
of medications.

(e) A conservatee who is to be placed in a facility pursuant to
this section shall not be placed in a mental health rehabilitation
center as described in Section 5675 of the Welfare and Institutions
Code, or in an institution for mental disease as described in Section
5900 of the Welfare and Institutions Code.

(f) A petition for authority to act under this section shall be
governed by Section 2357, except:

(1) The conservatee shall be represented by an attorney pursuant
to Chapter 4 (commencing with Section 1470) of Part 1.

(2) The conservatee shall be produced at the hearing, unless
excused pursuant to Section 1893.

(3) The petition shall be supported by a declaration of a licensed
physician, or a licensed psychologist within the scope of his or her
licensure, regarding each of the findings required to be made under
this section for any power requested, except that the psychologist
has at least two years of experience in diagnosing dementia.

(4) The petition may be filed by any of the persons designated
in Section 1891.

(g) The court investigator shall annually investigate and report
to the court every two years pursuant to Sections 1850 and 1851
if the conservator is authorized to act under this section. In addition
to the other matters provided in Section 1851, the conservatee shall
be specifically advised by the investigator that the conservatee has
the right to object to the conservator’s powers granted under this
section, and the report shall also include whether powers granted
under this section are warranted. If the conservatee objects to the
conservator’s powers granted under this section, or the investigator
determines that some change in the powers granted under this
section is warranted, the court shall provide a copy of the report
to the attorney of record for the conservatee. If no attorney has
been appointed for the conservatee, one shall be appointed pursuant
to Chapter 4 (commencing with Section 1470) of Part 1. The
attorney shall, within 30 days after receiving this report, do one
of the following:

(1) File a petition with the court regarding the status of the
conservatee.

(2) File a written report with the court stating that the attorney
has met with the conservatee and determined that the petition
would be inappropriate.

(h) A petition to terminate authority granted under this section
shall be governed by Section 2359.

(i) Nothing in this section shall be construed to affect a
conservatorship of the estate of a person who has dementia.

(j) Nothing in this section shall affect the laws that would
otherwise apply in emergency situations.

(k) Nothing in this section shall affect current law regarding the
power of a probate court to fix the residence of a conservatee or
to authorize medical treatment for any conservatee who has not
been determined to have dementia.

begin delete SEC. 33. end delete
begin insert SEC. 34. end insert   

Section 6401 of the Probate Code is amended to read:

6401.  

(a) As to community property, the intestate share of the
surviving spouse is the one-half of the community property that
belongs to the decedent under Section 100.

(b) As to quasi-community property, the intestate share of the
surviving spouse is the one-half of the quasi-community property
that belongs to the decedent under Section 101.

(c) As to separate property, the intestate share of the surviving
spouse is as follows:

(1) The entire intestate estate if the decedent did not leave any
surviving issue, parent, brother, sister, or issue of a deceased
brother or sister.

(2) One-half of the intestate estate in the following cases:

(A) Where the decedent leaves only one child or the issue of
one deceased child.

(B) Where the decedent leaves no issue, but leaves a parent or
parents or their issue or the issue of either of them.

(3) One-third of the intestate estate in the following cases:

(A) Where the decedent leaves more than one child.

(B) Where the decedent leaves one child and the issue of one
or more deceased children.

(C) Where the decedent leaves issue of two or more deceased
children.

begin delete SEC. 34. end delete
begin insert SEC. 35. end insert   

Section 21189.2 of the Public Resources Code is
amended to read:

21189.2.  

The Judicial Council shall report to the Legislature
on or before January 1, 2017, on the effects of this chapter on the
administration of justice.

begin delete SEC. 35. end delete
begin insert SEC. 36. end insert   

Chapter 4.2 (commencing with Section 10830) of
Part 2 of Division 9 of the Welfare and Institutions Code is
repealed.

begin delete SEC. 36. end delete
begin insert SEC. 37. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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CORRECTIONS:

Text--Pages 37, 45, 46, 47, 53, 54, and 55.

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