Amended in Senate July 1, 2014

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 BillNo. 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 56.06, 1633.3, 1936, and 1942.2 of the Civil Code, to amend Sections 415.46, 1174.25, 1174.3, 1501.5, 1571,begin delete 1987,end delete and 2025.510 of the Code of Civil Procedure, to amend Sections 912, 917, and 1038.2 of the Evidence Code, to amendbegin delete Sections 504 and 2251end deletebegin insert Section 504end insert 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.

begin delete

(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.

end delete
begin delete

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.

end delete
begin delete

(7)

end delete

begin insert(6)end insert 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 billbegin delete 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 chargedend deletebegin insert would prohibit a specified court ruling from being construed to alter the standards by which a court acquires personal jurisdiction over a nonparty to an actionend insert.

begin delete

(8)

end delete

begin insert(7)end insert 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.

begin delete

(9)

end delete

begin insert(8)end insert 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.

begin delete

(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.

end delete
begin delete

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.

end delete
begin delete

(11)

end delete

begin insert(9)end insert 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.

begin delete

(12)

end delete

begin insert(10)end insert 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.

begin delete

(13)

end delete

begin insert(11)end insert 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.

begin delete

(14)

end delete

begin insert(12)end insert 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.

begin delete

(15)

end delete

begin insert(13)end insert 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.

begin delete

(16)

end delete

begin insert(14)end insert 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.

begin delete

(17)

end delete

begin insert(15)end insert 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.

begin delete

(18)

end delete

begin insert(16)end insert 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.

begin delete

(19)

end delete

begin insert(17)end insert 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.

begin delete

(20)

end delete

begin insert(18)end insert The bill would also make technical, nonsubstantive changes to provisions relating to the courts, health facilities, and conservatorships.

begin delete

(21)

end delete

begin insert(19)end insert 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:

P9    1

SECTION 1.  

It is the intent of the Legislature in amending
2Sections 415.46, 1174.25, and 1174.3 of the Code of Civil
P10   1Procedure to appropriately update statutory language and statutory
2forms to properly reflect the changes to law enacted by Assembly
3Bill 2610, Chapter 562 of the Statutes of 2012.

4

SEC. 2.  

Section 56.06 of the Civil Code is amended to read:

5

56.06.  

(a) Any business organized for the purpose of
6maintaining medical information, as defined in subdivision (g) of
7Section 56.05, in order to make the information available to an
8individual or to a provider of health care at the request of the
9individual or a provider of health care, for purposes of allowing
10the individual to manage his or her information, or for the diagnosis
11and treatment of the individual, shall be deemed to be a provider
12of health care subject to the requirements of this part. However,
13nothing in this section shall be construed to make a business
14specified in this subdivision a provider of health care for purposes
15of any law other than this part, including laws that specifically
16incorporate by reference the definitions of this part.

17(b) Any business that offers software or hardware to consumers,
18including a mobile application or other related device that is
19designed to maintain medical information, as defined in subdivision
20(j) of Section 56.05, in order to make the information available to
21an individual or a provider of health care at the request of the
22individual or a provider of health care, for purposes of allowing
23the individual to manage his or her information, or for the
24diagnosis, treatment, or management of a medical condition of the
25individual, shall be deemed to be a provider of health care subject
26to the requirements of this part. However, nothing in this section
27shall be construed to make a business specified in this subdivision
28a provider of health care for purposes of any law other than this
29part, including laws that specifically incorporate by reference the
30definitions of this part.

31(c) Any business described in subdivision (a) or (b) shall
32maintain the same standards of confidentiality required of a
33provider of health care with respect to medical information
34disclosed to the business.

35(d) Any business described in subdivision (a) or (b) shall be
36subject to the penalties for improper use and disclosure of medical
37information prescribed in this part.

38

SEC. 3.  

Section 1633.3 of the Civil Code, as amended by
39Section 16.5 of Chapter 605 of the Statutes of 2013, is amended
40to read:

P11   1

1633.3.  

(a) Except as otherwise provided in subdivisions (b)
2and (c), this title applies to electronic records and electronic
3signatures relating to a transaction.

4(b) This title does not apply to transactions subject to the
5following laws:

6(1) A law governing the creation and execution of wills, codicils,
7or testamentary trusts.

8(2) Division 1 (commencing with Section 1101) of the Uniform
9Commercial Code, except Sections 1206 and 1306.

10(3) Divisions 3 (commencing with Section 3101), 4
11(commencing with Section 4101), 5 (commencing with Section
125101), 8 (commencing with Section 8101), 9 (commencing with
13Section 9101), and 11 (commencing with Section 11101) of the
14Uniform Commercial Code.

15(4) A law that requires that specifically identifiable text or
16disclosures in a record or a portion of a record be separately signed,
17including initialed, from the record. However, this paragraph does
18not apply to Section 1677 or 1678 of this code or Section 1298 of
19the Code of Civil Procedure.

20(c) This title does not apply to any specific transaction described
21in Section 17511.5 of the Business and Professions Code, Section
2256.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
23or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
24Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
251789.16, or 1793.23 of, Chapter 1 (commencing with Section
261801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
271917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
282924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
292945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
302954.5 or 2963 of, Chapter 2b (commencing with Section 2981)
31or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
32Division 3 of, Section 3071.5 of, Part 5 (commencing with Section
334000) of Division 4 of, or Part 5.3 (commencing with Section
346500) of Division 4 of this code, subdivision (b) of Section 18608
35or Section 22328 of the Financial Code, Section 1358.15, 1365,
361368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
37Section 662, paragraph (2) of subdivision (a) of Section 663, 664,
38667.5, 673, 677, paragraph (2) of subdivision (a) of Section 678,
39subdivisions (a) and (b) of Section 678.1, Section 786, 10113.7,
4010127.7, 10127.9, 10127.10, 10192.18, 10199.44, 10199.46,
P12   110235.16, 10235.40, 10509.4, 10509.7, 11624.09, or 11624.1 of
2the Insurance Code, Section 779.1, 10010.1, or 16482 of the Public
3Utilities Code, or Section 9975 or 11738 of the Vehicle Code. An
4electronic record may not be substituted for any notice that is
5required to be sent pursuant to Section 1162 of the Code of Civil
6Procedure. Nothing in this subdivision shall be construed to
7prohibit the recordation of any document with a county recorder
8by electronic means.

9(d) This title applies to an electronic record or electronic
10signature otherwise excluded from the application of this title under
11subdivision (b) when used for a transaction subject to a law other
12than those specified in subdivision (b).

13(e) A transaction subject to this title is also subject to other
14applicable substantive law.

15(f) The exclusion of a transaction from the application of this
16title under subdivision (b) or (c) shall be construed only to exclude
17the transaction from the application of this title, but shall not be
18construed to prohibit the transaction from being conducted by
19electronic means if the transaction may be conducted by electronic
20means under any other applicable law.

21(g) This section shall remain in effect only until January 1, 2019,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2019, deletes or extends that date.

24

SEC. 4.  

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

26

1633.3.  

(a) Except as otherwise provided in subdivisions (b)
27and (c), this title applies to electronic records and electronic
28signatures relating to a transaction.

29(b) This title does not apply to transactions subject to the
30following laws:

31(1) A law governing the creation and execution of wills, codicils,
32or testamentary trusts.

33(2) Division 1 (commencing with Section 1101) of the Uniform
34Commercial Code, except Sections 1206 and 1306.

35(3) Divisions 3 (commencing with Section 3101), 4
36(commencing with Section 4101), 5 (commencing with Section
375101), 8 (commencing with Section 8101), 9 (commencing with
38Section 9101), and 11 (commencing with Section 11101) of the
39Uniform Commercial Code.

P13   1(4) A law that requires that specifically identifiable text or
2disclosures in a record or a portion of a record be separately signed,
3including initialed, from the record. However, this paragraph does
4not apply to Section 1677 or 1678 of this code or Section 1298 of
5the Code of Civil Procedure.

6(c) This title does not apply to any specific transaction described
7in Section 17511.5 of the Business and Professions Code, Section
856.11, 56.17, 798.14, 1133, or 1134 of, Section 1689.6, 1689.7,
9or 1689.13 of, Chapter 2.5 (commencing with Section 1695) of
10Title 5 of Part 2 of Division 3 of, Section 1720, 1785.15, 1789.14,
111789.16, or 1793.23 of, Chapter 1 (commencing with Section
121801) of Title 2 of Part 4 of Division 3 of, Section 1861.24, 1862.5,
131917.712, 1917.713, 1950.6, 1983, 2924b, 2924c, 2924f, 2924i,
142924j, 2924.3, or 2937 of, Article 1.5 (commencing with Section
152945) of Chapter 2 of Title 14 of Part 4 of Division 3 of, Section
162954.5 or 2963 of, Chapter 2b (commencing with Section 2981)
17or 2d (commencing with Section 2985.7) of Title 14 of Part 4 of
18Division 3 of, Section 3071.5 of Part 5 (commencing with Section
194000) of Division 4 of, or Part 5.3 (commencing with Section
206500) of Division 4 of this code, subdivision (b) of Section 18608
21or Section 22328 of the Financial Code, Section 1358.15, 1365,
221368.01, 1368.1, 1371, or 18035.5 of the Health and Safety Code,
23Section 662, 663, 664, 667.5, 673, 677, 678, 678.1, 786, 10086,
2410113.7, 10127.7, 10127.9, 10127.10, 10192.18, 10199.44,
2510199.46, 10235.16, 10235.40, 10509.4, 10509.7, 11624.09, or
2611624.1 of the Insurance Code, Section 779.1, 10010.1, or 16482
27of the Public Utilities Code, or Section 9975 or 11738 of the
28Vehicle Code. An electronic record may not be substituted for any
29notice that is required to be sent pursuant to Section 1162 of the
30Code of Civil Procedure. Nothing in this subdivision shall be
31construed to prohibit the recordation of any document with a county
32recorder by electronic means.

33(d) This title applies to an electronic record or electronic
34signature otherwise excluded from the application of this title under
35subdivision (b) when used for a transaction subject to a law other
36than those specified in subdivision (b).

37(e) A transaction subject to this title is also subject to other
38applicable substantive law.

39(f) The exclusion of a transaction from the application of this
40title under subdivision (b) or (c) shall be construed only to exclude
P14   1the transaction from the application of this title, but shall not be
2construed to prohibit the transaction from being conducted by
3electronic means if the transaction may be conducted by electronic
4means under any other applicable law.

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

6

SEC. 5.  

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

8

1936.  

(a) For the purpose of this section, the following
9definitions shall apply:

10(1) “Rental company” means a person or entity in the business
11of renting passenger vehicles to the public.

12(2) “Renter” means any person in a manner obligated under a
13contract for the lease or hire of a passenger vehicle from a rental
14company for a period of less than 30 days.

15(3) “Authorized driver” means (A) the renter, (B) the renter’s
16spouse if that person is a licensed driver and satisfies the rental
17company’s minimum age requirement, (C) the renter’s employer
18or coworker if he or she is engaged in business activity with the
19renter, is a licensed driver, and satisfies the rental company’s
20minimum age requirement, and (D) a person expressly listed by
21the rental company on the renter’s contract as an authorized driver.

22(4) (A) “Customer facility charge” means any fee, including
23an alternative fee, required by an airport to be collected by a rental
24company from a renter for any of the following purposes:

25(i) To finance, design, and construct consolidated airport car
26rental facilities.

27(ii) To finance, design, construct, and operate common-use
28transportation systems that move passengers between airport
29terminals and those consolidated car rental facilities, and acquire
30vehicles for use in that system.

31(iii) To finance, design, and construct terminal modifications
32solely to accommodate and provide customer access to
33common-use transportation systems.

34(B) The aggregate amount to be collected shall not exceed the
35reasonable costs, as determined by an audit, by an independent
36auditor, paid for by the airport, to finance, design, and construct
37those facilities. The auditor shall independently examine and
38substantiate the necessity for and the amount of the customer
39facility charge, including whether the airport’s actual or projected
40costs are supported and justified, any steps the airport may take to
P15   1limit costs, potential alternatives for meeting the airport’s revenue
2needs other than the collection of the fee, and whether and to what
3extent car rental companies or other businesses or individuals using
4the facility or common-use transportation system may pay for the
5costs associated with these facilities and systems other than the
6fee from rental customers, or whether the airport did not comply
7with any provision of this subparagraph. Copies of the audit shall
8be provided to the Assembly and Senate Committees on Judiciary,
9the Assembly Committee on Transportation, and the Senate
10Committee on Transportation and Housing and shall be posted on
11the airport’s Internet Web site. In the case of a customer facility
12charge for a common-use transportation system, the audit also
13shall consider the reasonable costs of providing the transit system
14or busing network pursuant to clause (ii) of subparagraph (A). Any
15audit required by this subparagraph may be included as a part of
16an audit of an airport’s finances. Notwithstanding clause (iii) of
17subparagraph (A), the fees designated as a customer facility charge
18shall not be used to pay for terminal expansion, gate expansion,
19runway expansion, changes in hours of operation, or changes in
20the number of flights arriving or departing from the airport.

21(C) Except as provided in subparagraph (D), the authorization
22given pursuant to this section for an airport to impose a customer
23facility charge shall become inoperative when the bonds used for
24financing are paid.

25(D) If a bond or other form of indebtedness is not used for
26financing, or the bond or other form of indebtedness used for
27financing has been paid, the Oakland International Airport may
28require the collection of a customer facility charge for a period of
29up to 10 years from the imposition of the charge for the purposes
30allowed by, and subject to the conditions imposed by, this section.

31(5) “Damage waiver” means a rental company’s agreement not
32to hold a renter liable for all or any portion of any damage or loss
33related to the rented vehicle, any loss of use of the rented vehicle,
34or any storage, impound, towing, or administrative charges.

35(6) “Electronic surveillance technology” means a technological
36method or system used to observe, monitor, or collect information,
37including telematics, Global Positioning System (GPS), wireless
38technology, or location-based technologies. “Electronic
39surveillance technology” does not include event data recorders
P16   1(EDR), sensing and diagnostic modules (SDM), or other systems
2that are used either:

3(A) For the purpose of identifying, diagnosing, or monitoring
4functions related to the potential need to repair, service, or perform
5maintenance on the rental vehicle.

6(B) As part of the vehicle’s airbag sensing and diagnostic system
7in order to capture safety systems-related data for retrieval after a
8crash has occurred or in the event that the collision sensors are
9activated to prepare the decisionmaking computer to make the
10determination to deploy or not to deploy the airbag.

11(7) “Estimated time for replacement” means the number of hours
12of labor, or fraction thereof, needed to replace damaged vehicle
13parts as set forth in collision damage estimating guides generally
14used in the vehicle repair business and commonly known as “crash
15books.”

16(8) “Estimated time for repair” means a good faith estimate of
17the reasonable number of hours of labor, or fraction thereof, needed
18to repair damaged vehicle parts.

19(9) “Membership program” means a service offered by a rental
20company that permits customers to bypass the rental counter and
21go directly to the car previously reserved. A membership program
22shall meet all of the following requirements:

23(A) The renter initiates enrollment by completing an application
24on which the renter can specify a preference for type of vehicle
25and acceptance or declination of optional services.

26(B) The rental company fully discloses, prior to the enrollee’s
27first rental as a participant in the program, all terms and conditions
28of the rental agreement as well as all required disclosures.

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

30(D) The rental company fully explains to the renter that
31designated preferences, as well as acceptance or declination of
32optional services, may be changed by the renter at any time for
33the next and future rentals.

34(E) An employee designated to receive the form specified in
35subparagraph (C) of paragraph (1) of subdivision (t) is present at
36the lot where the renter takes possession of the car, to receive any
37change in the rental agreement from the renter.

38(10) “Passenger vehicle” means a passenger vehicle as defined
39in Section 465 of the Vehicle Code.

P17   1(b) Except as limited by subdivision (c), a rental company and
2a renter may agree that the renter will be responsible for no more
3than all of the following:

4(1) Physical or mechanical damage to the rented vehicle up to
5its fair market value, as determined in the customary market for
6the sale of that vehicle, resulting from collision regardless of the
7cause of the damage.

8(2) Loss due to theft of the rented vehicle up to its fair market
9value, as determined in the customary market for the sale of that
10vehicle, provided that the rental company establishes by clear and
11convincing evidence that the renter or the authorized driver failed
12to exercise ordinary care while in possession of the vehicle. In
13addition, the renter shall be presumed to have no liability for any
14loss due to theft if (A) an authorized driver has possession of the
15ignition key furnished by the rental company or an authorized
16driver establishes that the ignition key furnished by the rental
17company was not in the vehicle at the time of the theft, and (B) an
18authorized driver files an official report of the theft with the police
19or other law enforcement agency within 24 hours of learning of
20the theft and reasonably cooperates with the rental company and
21the police or other law enforcement agency in providing
22information concerning the theft. The presumption set forth in this
23paragraph is a presumption affecting the burden of proof which
24the rental company may rebut by establishing that an authorized
25driver committed, or aided and abetted the commission of, the
26theft.

27(3) Physical damage to the rented vehicle up to its fair market
28 value, as determined in the customary market for the sale of that
29vehicle, resulting from vandalism occurring after, or in connection
30with, the theft of the rented vehicle. However, the renter shall have
31no liability for any damage due to vandalism if the renter would
32have no liability for theft pursuant to paragraph (2).

33(4) Physical damage to the rented vehicle up to a total of five
34hundred dollars ($500) resulting from vandalism unrelated to the
35theft of the rented vehicle.

36(5) Actual charges for towing, storage, and impound fees paid
37by the rental company if the renter is liable for damage or loss.

38(6) An administrative charge, which shall include the cost of
39appraisal and all other costs and expenses incident to the damage,
40loss, repair, or replacement of the rented vehicle.

P18   1(c) The total amount of the renter’s liability to the rental
2company resulting from damage to the rented vehicle shall not
3exceed the sum of the following:

4(1) The estimated cost of parts which the rental company would
5have to pay to replace damaged vehicle parts. All discounts and
6price reductions or adjustments that are or will be received by the
7rental company shall be subtracted from the estimate to the extent
8not already incorporated in the estimate, or otherwise promptly
9credited or refunded to the renter.

10(2) The estimated cost of labor to replace damaged vehicle parts,
11which shall not exceed the product of (A) the rate for labor usually
12paid by the rental company to replace vehicle parts of the type that
13were damaged and (B) the estimated time for replacement. All
14discounts and price reductions or adjustments that are or will be
15received by the rental company shall be subtracted from the
16estimate to the extent not already incorporated in the estimate, or
17otherwise promptly credited or refunded to the renter.

18(3) (A) The estimated cost of labor to repair damaged vehicle
19parts, which shall not exceed the lesser of the following:

20(i) The product of the rate for labor usually paid by the rental
21company to repair vehicle parts of the type that were damaged and
22the estimated time for repair.

23(ii) The sum of the estimated labor and parts costs determined
24under paragraphs (1) and (2) to replace the same vehicle parts.

25(B) All discounts and price reductions or adjustments that are
26or will be received by the rental company shall be subtracted from
27the estimate to the extent not already incorporated in the estimate,
28or otherwise promptly credited or refunded to the renter.

29(4) For the purpose of converting the estimated time for repair
30into the same units of time in which the rental rate is expressed, a
31day shall be deemed to consist of eight hours.

32(5) Actual charges for towing, storage, and impound fees paid
33by the rental company.

34(6) The administrative charge described in paragraph (6) of
35subdivision (b) shall not exceed (A) fifty dollars ($50) if the total
36estimated cost for parts and labor is more than one hundred dollars
37($100) up to and including five hundred dollars ($500), (B) one
38hundred dollars ($100) if the total estimated cost for parts and
39labor exceeds five hundred dollars ($500) up to and including one
40thousand five hundred dollars ($1,500), and (C) one hundred fifty
P19   1dollars ($150) if the total estimated cost for parts and labor exceeds
2one thousand five hundred dollars ($1,500). An administrative
3charge shall not be imposed if the total estimated cost of parts and
4labor is one hundred dollars ($100) or less.

5(d) (1) The total amount of an authorized driver’s liability to
6the rental company, if any, for damage occurring during the
7authorized driver’s operation of the rented vehicle shall not exceed
8the amount of the renter’s liability under subdivision (c).

9(2) A rental company shall not recover from the renter or other
10authorized driver an amount exceeding the renter’s liability under
11subdivision (c).

12(3) A claim against a renter resulting from damage or loss,
13excluding loss of use, to a rental vehicle shall be reasonably and
14rationally related to the actual loss incurred. A rental company
15shall mitigate damages where possible and shall not assert or collect
16a claim for physical damage which exceeds the actual costs of the
17repairs performed or the estimated cost of repairs, if the rental
18company chooses not to repair the vehicle, including all discounts
19and price reductions. However, if the vehicle is a total loss vehicle,
20the claim shall not exceed the total loss vehicle value established
21in accordance with procedures that are customarily used by
22insurance companies when paying claims on total loss vehicles,
23less the proceeds from salvaging the vehicle, if those proceeds are
24retained by the rental company.

25(4) If insurance coverage exists under the renter’s applicable
26personal or business insurance policy and the coverage is confirmed
27during regular business hours, the renter may require that the rental
28company submit any claims to the renter’s applicable personal or
29business insurance carrier. The rental company shall not make any
30written or oral representations that it will not present claims or
31negotiate with the renter’s insurance carrier. For purposes of this
32paragraph, confirmation of coverage includes telephone
33confirmation from insurance company representatives during
34regular business hours. Upon request of the renter and after
35confirmation of coverage, the amount of claim shall be resolved
36between the insurance carrier and the rental company. The renter
37shall remain responsible for payment to the rental car company
38for any loss sustained that the renter’s applicable personal or
39business insurance policy does not cover.

P20   1(5) A rental company shall not recover from the renter or other
2authorized driver for an item described in subdivision (b) to the
3extent the rental company obtains recovery from another person.

4(6) This section applies only to the maximum liability of a renter
5or other authorized driver to the rental company resulting from
6damage to the rented vehicle and not to the liability of another
7person.

8(e) (1) Except as provided in subdivision (f), a damage waiver
9shall provide or, if not expressly stated in writing, shall be deemed
10to provide that the renter has no liability for a damage, loss, loss
11of use, or a cost or expense incident thereto.

12(2) Except as provided in subdivision (f), every limitation,
13exception, or exclusion to a damage waiver is void and
14unenforceable.

15(f) A rental company may provide in the rental contract that a
16damage waiver does not apply under any of the following
17circumstances:

18(1) Damage or loss results from an authorized driver’s (A)
19intentional, willful, wanton, or reckless conduct, (B) operation of
20the vehicle under the influence of drugs or alcohol in violation of
21Section 23152 of the Vehicle Code, (C) towing or pushing
22anything, or (D) operation of the vehicle on an unpaved road if
23the damage or loss is a direct result of the road or driving
24conditions.

25(2) Damage or loss occurs while the vehicle is (A) used for
26commercial hire, (B) used in connection with conduct that could
27be properly charged as a felony, (C) involved in a speed test or
28contest or in driver training activity, (D) operated by a person other
29than an authorized driver, or (E) operated outside the United States.

30(3) An authorized driver who has (A) provided fraudulent
31information to the rental company, or (B) provided false
32information and the rental company would not have rented the
33vehicle if it had instead received true information.

34(g) (1) A rental company that offers or provides a damage
35waiver for any consideration in addition to the rental rate shall
36clearly and conspicuously disclose the following information in
37the rental contract or holder in which the contract is placed and,
38also, in signs posted at the place, such as the counter, where the
39renter signs the rental contract, and, for renters who are enrolled
40in the rental company’s membership program, in a sign that shall
P21   1be posted in a location clearly visible to those renters as they enter
2the location where their reserved rental cars are parked or near the
3exit of the bus or other conveyance that transports the enrollee to
4a reserved car: (A) the nature of the renter’s liability, such as
5liability for all collision damage regardless of cause, (B) the extent
6of the renter’s liability, such as liability for damage or loss up to
7a specified amount, (C) the renter’s personal insurance policy or
8the credit card used to pay for the car rental transaction may
9provide coverage for all or a portion of the renter’s potential
10liability, (D) the renter should consult with his or her insurer to
11determine the scope of insurance coverage, including the amount
12of the deductible, if any, for which the renter is obligated, (E) the
13renter may purchase an optional damage waiver to cover all
14liability, subject to whatever exceptions the rental company
15expressly lists that are permitted under subdivision (f), and (F) the
16range of charges for the damage waiver.

17(2) In addition to the requirements of paragraph (1), a rental
18company that offers or provides a damage waiver shall orally
19disclose to all renters, except those who are participants in the
20rental company’s membership program, that the damage waiver
21may be duplicative of coverage that the customer maintains under
22his or her own policy of motor vehicle insurance. The renter’s
23receipt of the oral disclosure shall be demonstrated through the
24renter’s acknowledging receipt of the oral disclosure near that part
25of the contract where the renter indicates, by the renter’s own
26initials, his or her acceptance or declination of the damage waiver.
27Adjacent to that same part, the contract also shall state that the
28damage waiver is optional. Further, the contract for these renters
29shall include a clear and conspicuous written disclosure that the
30damage waiver may be duplicative of coverage that the customer
31maintains under his or her own policy of motor vehicle insurance.

32(3) The following is an example, for purposes of illustration
33and not limitation, of a notice fulfilling the requirements of
34paragraph (1) for a rental company that imposes liability on the
35renter for collision damage to the full value of the vehicle:

P22   1“NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY
2AND OPTIONAL DAMAGE WAIVER
3

4You are responsible for all collision damage to the rented vehicle
5even if someone else caused it or the cause is unknown. You are
6responsible for the cost of repair up to the value of the vehicle,
7and towing, storage, and impound fees.

8Your own insurance, or the issuer of the credit card you use to
9pay for the car rental transaction, may cover all or part of your
10financial responsibility for the rented vehicle. You should check
11with your insurance company, or credit card issuer, to find out
12about your coverage and the amount of the deductible, if any, for
13which you may be liable.

14Further, if you use a credit card that provides coverage for your
15potential liability, you should check with the issuer to determine
16if you must first exhaust the coverage limits of your own insurance
17before the credit card coverage applies.

18The rental company will not hold you responsible if you buy a
19damage waiver. But a damage waiver will not protect you if (list
20exceptions).”


22(A) When the above notice is printed in the rental contract or
23holder in which the contract is placed, the following shall be printed
24immediately following the notice:


26“The cost of an optional damage waiver is $____ for every (day
27or week).”


29(B) When the above notice appears on a sign, the following
30shall appear immediately adjacent to the notice:


32“The cost of an optional damage waiver is $____ to $____ for
33every (day or week), depending upon the vehicle rented.”


35(h) Notwithstanding any other provision of law, a rental
36company may sell a damage waiver subject to the following rate
37limitations for each full or partial 24-hour rental day for the damage
38waiver.

39(1) For rental vehicles that the rental company designates as an
40“economy car,” “subcompact car,” “compact car,” or another term
P23   1having similar meaning when offered for rental, or another vehicle
2having a manufacturer’s suggested retail price of nineteen thousand
3dollars ($19,000) or less, the rate shall not exceed nine dollars
4($9).

5(2) For rental vehicles that have a manufacturer’s suggested
6retail price from nineteen thousand one dollars ($19,001) to
7thirty-four thousand nine hundred ninety-nine dollars ($34,999),
8inclusive, and that are also either vehicles of next year’s model,
9or not older than the previous year’s model, the rate shall not
10exceed fifteen dollars ($15). For those rental vehicles older than
11the previous year’s model-year, the rate shall not exceed nine
12dollars ($9).

13(i) The manufacturer’s suggested retail prices described in
14subdivision (h) shall be adjusted annually to reflect changes from
15the previous year in the Consumer Price Index. For the purposes
16of this section, “Consumer Price Index” means the United States
17Consumer Price Index for All Urban Consumers, for all items.

18(j) A rental company that disseminates in this state an
19advertisement containing a rental rate shall include in that
20advertisement a clearly readable statement of the charge for a
21damage waiver and a statement that a damage waiver is optional.

22(k) (1) A rental company shall not require the purchase of a
23damage waiver, optional insurance, or another optional good or
24service.

25(2) A rental company shall not engage in any unfair, deceptive,
26or coercive conduct to induce a renter to purchase the damage
27waiver, optional insurance, or another optional good or service,
28including conduct such as, but not limited to, refusing to honor
29the renter’s reservation, limiting the availability of vehicles,
30requiring a deposit, or debiting or blocking the renter’s credit card
31account for a sum equivalent to a deposit if the renter declines to
32purchase the damage waiver, optional insurance, or another
33optional good or service.

34(l) (1) In the absence of express permission granted by the
35renter subsequent to damage to, or loss of, the vehicle, a rental
36company shall not seek to recover any portion of a claim arising
37out of damage to, or loss of, the rented vehicle by processing a
38credit card charge or causing a debit or block to be placed on the
39renter’s credit card account.

P24   1(2) A rental company shall not engage in any unfair, deceptive,
2or coercive tactics in attempting to recover or in recovering on any
3claim arising out of damage to, or loss of, the rented vehicle.

4(m) (1) A customer facility charge may be collected by a rental
5company under the following circumstances:

6(A) Collection of the fee by the rental company is required by
7an airport operated by a city, a county, a city and county, a joint
8powers authority, a special district, or the San Diego County
9Regional Airport Authority formed pursuant to Division 17
10(commencing with Section 170000) of the Public Utilities Code.

11(B) The fee is calculated on a per contract basis or as provided
12in paragraph (2).

13(C) The fee is a user fee, not a tax imposed upon real property
14or an incidence of property ownership under Article XIII D of the
15California Constitution.

16(D) Except as otherwise provided in subparagraph (E), the fee
17shall be ten dollars ($10) per contract or the amount provided in
18paragraph (2).

19(E) The fee for a consolidated rental car facility shall be
20collected only from customers of on-airport rental car companies.
21If the fee imposed by the airport is for both a consolidated rental
22car facility and a common-use transportation system, the fee
23collected from customers of on-airport rental car companies shall
24be ten dollars ($10) or the amount provided in paragraph (2), but
25the fee imposed on customers of off-airport rental car companies
26who are transported on the common-use transportation system is
27proportionate to the costs of the common-use transportation system
28only. The fee is uniformly applied to each class of on-airport or
29off-airport customers, provided that the airport requires off-airport
30customers to use the common-use transportation system. For
31purposes of this subparagraph, “on-airport rental car company”
32means a rental company operating under an airport property lease
33or an airport concession or license agreement whose customers
34use or will use the consolidated rental car facility and the collection
35of the fee as to those customers is consistent with subparagraph
36(C).

37(F) Revenues collected from the fee do not exceed the reasonable
38costs of financing, designing, and constructing the facility and
39financing, designing, constructing, and operating any common-use
P25   1transportation system, or acquiring vehicles for use in that system,
2and shall not be used for any other purpose.

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

4(H) This paragraph does not apply to fees which are governed
5by Section 50474.1 of the Government Code or Section 57.5 of
6the San Diego Unified Port District Act.

7(I) For any airport seeking to require rental car companies to
8collect an alternative customer facility charge pursuant to paragraph
9(2), the following provisions apply:

10(i) Notwithstanding Section 10231.5 of the Government Code,
11the airport shall provide reports on an annual basis to the Senate
12and Assembly Committees on Judiciary detailing all of the
13following:

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

15(II) How the funds are being spent.

16(III) The amount of and reason for any changes in the airport’s
17budget or financial needs for the facility or common-use
18transportation system.

19(IV) Whether airport concession fees authorized by Section
201936.01 have increased since the prior report, if any.

21(ii) (I) The airport shall complete the audit required by
22subparagraph (B) of paragraph (4) of subdivision (a) prior to initial
23collection of the customer facility charge. Notwithstanding Section
2410231.5 of the Government Code, copies of the audit shall be
25provided to the Assembly and Senate Committees on Judiciary,
26the Assembly Committee on Transportation, and the Senate
27Committee on Transportation and Housing and shall be posted on
28the airport’s Internet Web site.

29(II) Prior to any increase pursuant to paragraph (2), the airport
30shall update the information provided in the initial collection audit
31pursuant to subclause (I). Notwithstanding Section 10231.5 of the
32Government Code, copies of the updated audit shall be provided
33to the Assembly and Senate Committees on Judiciary, the
34Assembly Committee on Transportation, and the Senate Committee
35on Transportation and Housing and shall be posted on the airport’s
36Internet Web site.

37(III) An audit shall be completed every three years after initial
38collection only if the customer facility charge is collected for the
39purpose of operating a common-use transportation system or to
40acquire vehicles for use in such a system pursuant to clause (ii) of
P26   1subparagraph (A) of paragraph (4) of subdivision (a). A regularly
2conducted audit of airport finances that includes the customer
3facility charge information, that satisfies the requirements of
4subparagraph (B) of paragraph (4) of subdivision (a), and is
5produced in accordance with the generally accepted accounting
6principles of the Government Accounting Standards Board, shall
7satisfy the requirements of this subclause. This obligation shall
8continue until the fee authorization becomes inoperative pursuant
9to subparagraph (C) of paragraph (4) of subdivision (a).
10Notwithstanding Section 10231.5 of the Government Code, the
11information reported pursuant to this subclause shall be compiled
12into one document, shall be provided to the Assembly and Senate
13Committees on Judiciary, the Assembly Committee on
14Transportation, and the Senate Committee on Transportation and
15Housing and shall be posted on the airport’s Internet Web site
16accessible to the public. The information reported shall be
17contained within one easily accessible page contained within the
18airport’s Internet Web site.

19(IV) This section shall not be construed to require an airport to
20audit a common-use transportation system not financed by a
21customer facility charge and used for the purposes permitted
22pursuant to clause (ii) of subparagraph (A) of paragraph (4) of
23subdivision (a).

24(V) The airport shall post on the airport’s Internet Web site
25copies of the completed audits required by this clause for a period
26of six years following the audit’s completion.

27(iii) Use of the bonds shall be limited to construction and design
28of the consolidated rental car facility, terminal modifications, and
29operating costs of the common-use transportation system, as
30specified in paragraph (4) of subdivision (a).

31(2) Any airport may require rental car companies to collect an
32alternative customer facility charge under the following conditions:

33(A) The airport first conducts a publicly noticed hearing pursuant
34to the Ralph M. Brown Act (Chapter 9 (commencing with Section
3554950) of Part 1 of Division 2 of Title 5 of the Government Code)
36to review the costs of financing the design and construction of a
37consolidated rental car facility and the design, construction, and
38operation of any common-use transportation system in which all
39of the following occur:

P27   1(i) The airport establishes the amount of revenue necessary to
2finance the reasonable cost to design and construct a consolidated
3rental car facility and to design, construct, and operate any
4common-use transportation system, or acquire vehicles for use in
5that system, based on evidence presented during the hearing.

6(ii) The airport finds, based on evidence presented during the
7hearing, that the fee authorized in paragraph (1) will not generate
8sufficient revenue to finance the reasonable costs to design and
9construct a consolidated rental car facility and to design, construct,
10and operate any common-use transportation system, or acquire
11vehicles for use in that system.

12(iii) The airport finds that the reasonable cost of the project
13requires the additional amount of revenue that would be generated
14by the proposed daily rate, including any rate increase, authorized
15pursuant to this paragraph.

16(iv) The airport outlines each of the following:

17(I) Steps it has taken to limit costs.

18(II) Other potential alternatives for meeting its revenue needs
19other than the collection of the fee.

20(III) The extent to which rental car companies or other
21businesses or individuals using the facility or common-use
22transportation system will pay for the costs associated with these
23facilities and systems other than the fee from rental customers.

24(B) The airport may not require the fee authorized in this
25paragraph to be collected at any time that the fee authorized in
26paragraph (1) of this subdivision is being collected.

27(C) Pursuant to the procedure set forth in this subdivision, the
28fee may be collected at a rate charged on a per-day basis subject
29to the following conditions:

30(i) Commencing January 1, 2011, the amount of the fee may
31not exceed six dollars ($6) per day.

32(ii) Commencing January 1, 2014, the amount of the fee may
33not exceed seven dollars and fifty cents ($7.50) per day.

34(iii) Commencing January 1, 2017, and thereafter, the amount
35of the fee may not exceed nine dollars ($9) per day.

36(iv) At no time shall the fee authorized in this paragraph be
37collected from any customer for more than five days for each
38individual rental car contract.

39(v) An airport subject to this paragraph shall initiate the process
40for obtaining the authority to require or increase the alternative
P28   1fee no later than January 1, 2018. Any airport that obtains the
2authority to require or increase an alternative fee shall be authorized
3to continue collecting that fee until the fee authorization becomes
4inoperative pursuant to subparagraph (C) of paragraph (4) of
5subdivision (a).

6(3) Notwithstanding any other provision of law, including, but
7not limited to, Part 1 (commencing with Section 6001) to Part 1.7
8(commencing with Section 7280), inclusive, of Division 2 of the
9Revenue and Taxation Code, the fees collected pursuant to this
10section, or another law whereby a local agency operating an airport
11requires a rental car company to collect a facility financing fee
12from its customers, are not subject to sales, use, or transaction
13taxes.

14(n) (1) A rental company shall only advertise, quote, and charge
15a rental rate that includes the entire amount except taxes, a
16customer facility charge, if any, and a mileage charge, if any, that
17a renter must pay to hire or lease the vehicle for the period of time
18to which the rental rate applies. A rental company shall not charge
19in addition to the rental rate, taxes, a customer facility charge, if
20any, and a mileage charge, if any, any fee that is required to be
21paid by the renter as a condition of hiring or leasing the vehicle,
22including, but not limited to, required fuel or airport surcharges
23other than customer facility charges, nor a fee for transporting the
24renter to the location where the rented vehicle will be delivered to
25the renter.

26(2) In addition to the rental rate, taxes, customer facility charges,
27if any, and mileage charges, if any, a rental company may charge
28for an item or service provided in connection with a particular
29rental transaction if the renter could have avoided incurring the
30charge by choosing not to obtain or utilize the optional item or
31service. Items and services for which the rental company may
32impose an additional charge include, but are not limited to, optional
33insurance and accessories requested by the renter, service charges
34incident to the renter’s optional return of the vehicle to a location
35other than the location where the vehicle was hired or leased, and
36charges for refueling the vehicle at the conclusion of the rental
37transaction in the event the renter did not return the vehicle with
38as much fuel as was in the fuel tank at the beginning of the rental.
39A rental company also may impose an additional charge based on
40reasonable age criteria established by the rental company.

P29   1(3) A rental company shall not charge a fee for authorized
2drivers in addition to the rental charge for an individual renter.

3(4) If a rental company states a rental rate in print advertisement
4or in a telephonic, in-person, or computer-transmitted quotation,
5the rental company shall disclose clearly in that advertisement or
6quotation the terms of mileage conditions relating to the advertised
7or quoted rental rate, including, but not limited to, to the extent
8applicable, the amount of mileage and gas charges, the number of
9miles for which no charges will be imposed, and a description of
10geographic driving limitations within the United States and Canada.

11(5) (A) When a rental rate is stated in an advertisement,
12quotation, or reservation in connection with a car rental at an airport
13where a customer facility charge is imposed, the rental company
14shall disclose clearly the existence and amount of the customer
15facility charge. For purposes of this subparagraph, advertisements
16include radio, television, other electronic media, and print
17advertisements. For purposes of this subparagraph, quotations and
18reservations include those that are telephonic, in-person, and
19computer-transmitted. If the rate advertisement is intended to
20include transactions at more than one airport imposing a customer
21facility charge, a range of fees may be stated in the advertisement.
22However, all rate advertisements that include car rentals at airport
23destinations shall clearly and conspicuously include a toll-free
24telephone number whereby a customer can be told the specific
25amount of the customer facility charge to which the customer will
26be obligated.

27(B) If a person or entity other than a rental car company,
28including a passenger carrier or a seller of travel services, advertises
29or quotes a rate for a car rental at an airport where a customer
30facility charge is imposed, that person or entity shall, provided
31that he, she, or it is provided with information about the existence
32and amount of the fee, to the extent not specifically prohibited by
33federal law, clearly disclose the existence and amount of the fee
34in any telephonic, in-person, or computer-transmitted quotation at
35the time of making an initial quotation of a rental rate and at the
36time of making a reservation of a rental car. If a rental car company
37provides the person or entity with rate and customer facility charge
38information, the rental car company is not responsible for the
39failure of that person or entity to comply with this subparagraph
40when quoting or confirming a rate to a third person or entity.

P30   1(6) If a rental company delivers a vehicle to a renter at a location
2other than the location where the rental company normally carries
3on its business, the rental company shall not charge the renter an
4amount for the rental for the period before the delivery of the
5vehicle. If a rental company picks up a rented vehicle from a renter
6at a location other than the location where the rental company
7normally carries on its business, the rental company shall not
8charge the renter an amount for the rental for the period after the
9renter notifies the rental company to pick up the vehicle.

10(o) A rental company shall not use, access, or obtain any
11information relating to the renter’s use of the rental vehicle that
12was obtained using electronic surveillance technology, except in
13the following circumstances:

14(1) (A) When the equipment is used by the rental company
15only for the purpose of locating a stolen, abandoned, or missing
16rental vehicle after one of the following:

17(i) The renter or law enforcement has informed the rental
18company that the vehicle is missing or has been stolen or
19abandoned.

20(ii) The rental vehicle has not been returned following one week
21after the contracted return date, or by one week following the end
22of an extension of that return date.

23(iii) The rental company discovers the rental vehicle has been
24stolen or abandoned, and, if stolen, it shall report the vehicle stolen
25to law enforcement by filing a stolen vehicle report, unless law
26enforcement has already informed the rental company that the
27 vehicle is missing or has been stolen or abandoned.

28(B) If electronic surveillance technology is activated pursuant
29to subparagraph (A), a rental company shall maintain a record, in
30either electronic or written form, of information relevant to the
31activation of that technology. That information shall include the
32rental agreement, including the return date, and the date and time
33the electronic surveillance technology was activated. The record
34shall also include, if relevant, a record of written or other
35communication with the renter, including communications
36regarding extensions of the rental, police reports, or other written
37communication with law enforcement officials. The record shall
38be maintained for a period of at least 12 months from the time the
39record is created and shall be made available upon the renter’s
40request. The rental company shall maintain and furnish explanatory
P31   1codes necessary to read the record. A rental company shall not be
2required to maintain a record if electronic surveillance technology
3is activated to recover a rental vehicle that is stolen or missing at
4a time other than during a rental period.

5(2) In response to a specific request from law enforcement
6pursuant to a subpoena or search warrant.

7(3) This subdivision does not prohibit a rental company from
8equipping rental vehicles with GPS-based technology that provides
9navigation assistance to the occupants of the rental vehicle, if the
10rental company does not use, access, or obtain information relating
11to the renter’s use of the rental vehicle that was obtained using
12that technology, except for the purposes of discovering or repairing
13a defect in the technology and the information may then be used
14only for that purpose.

15(4) This subdivision does not prohibit a rental company from
16equipping rental vehicles with electronic surveillance technology
17that allows for the remote locking or unlocking of the vehicle at
18the request of the renter, if the rental company does not use, access,
19or obtain information relating to the renter’s use of the rental
20vehicle that was obtained using that technology, except as
21necessary to lock or unlock the vehicle.

22(5) This subdivision does not prohibit a rental company from
23equipping rental vehicles with electronic surveillance technology
24that allows the company to provide roadside assistance, such as
25towing, flat tire, or fuel services, at the request of the renter, if the
26rental company does not use, access, or obtain information relating
27to the renter’s use of the rental vehicle that was obtained using
28that technology except as necessary to provide the requested
29roadside assistance.

30(6) This subdivision does not prohibit a rental company from
31obtaining, accessing, or using information from electronic
32surveillance technology for the sole purpose of determining the
33date and time the vehicle is returned to the rental company, and
34the total mileage driven and the vehicle fuel level of the returned
35vehicle. This paragraph, however, shall apply only after the renter
36has returned the vehicle to the rental company, and the information
37shall only be used for the purpose described in this paragraph.

38(p) A rental company shall not use electronic surveillance
39technology to track a renter in order to impose fines or surcharges
40relating to the renter’s use of the rental vehicle.

P32   1(q) A renter may bring an action against a rental company for
2the recovery of damages and appropriate equitable relief for a
3violation of this section. The prevailing party shall be entitled to
4recover reasonable attorney’s fees and costs.

5(r) A rental company that brings an action against a renter for
6loss due to theft of the vehicle shall bring the action in the county
7in which the renter resides or, if the renter is not a resident of this
8state, in the jurisdiction in which the renter resides.

9(s) A waiver of any of the provisions of this section shall be
10void and unenforceable as contrary to public policy.

11(t) (1) A rental company’s disclosure requirements shall be
12satisfied for renters who are enrolled in the rental company’s
13membership program if all of the following conditions are met:

14(A) Prior to the enrollee’s first rental as a participant in the
15program, the renter receives, in writing, the following:

16(i) All of the disclosures required by paragraph (1) of subdivision
17(g), including the terms and conditions of the rental agreement
18then in effect.

19(ii) An Internet Web site address, as well as a contact number
20or address, where the enrollee can learn of changes to the rental
21agreement or to the laws of this state governing rental agreements
22since the effective date of the rental company’s most recent
23restatement of the rental agreement and distribution of that
24restatement to its members.

25(B) At the commencement of each rental period, the renter is
26provided, on the rental record or the folder in which it is inserted,
27with a printed notice stating that he or she had either previously
28selected or declined an optional damage waiver and that the renter
29has the right to change preferences.

30(C) At the commencement of each rental period, the rental
31company provides, on the rearview mirror, a hanger on which a
32statement is printed, in a box, in at least 12-point boldface type,
33notifying the renter that the collision damage waiver offered by
34the rental company may be duplicative of coverage that the
35customer maintains under his or her own policy of motor vehicle
36insurance. If it is not feasible to hang the statement from the
37rearview mirror, it shall be hung from the steering wheel.

38The hanger shall provide the renter a box to initial if he or she
39(not his or her employer) has previously accepted or declined the
40collision damage waiver and that he or she now wishes to change
P33   1his or her decision to accept or decline the collision damage waiver,
2as follows:


3
4“â—» If I previously accepted the collision damage waiver, I
5now decline it.


6  
7â—» If I previously declined the collision damage waiver, I now
8accept it.”


10The hanger shall also provide a box for the enrollee to indicate
11whether this change applies to this rental transaction only or to all
12future rental transactions. The hanger shall also notify the renter
13that he or she may make that change, prior to leaving the lot, by
14returning the form to an employee designated to receive the form
15who is present at the lot where the renter takes possession of the
16car, to receive any change in the rental agreement from the renter.

17(2) (A) This subdivision is not effective unless the employee
18designated pursuant to subparagraph (E) of paragraph (8) of
19subdivision (a) is actually present at the required location.

20(B) This subdivision does not relieve the rental company from
21the disclosures required to be made within the text of a contract
22or holder in which the contract is placed; in or on an advertisement
23containing a rental rate; or in a telephonic, in-person, or
24computer-transmitted quotation or reservation.

25(u) The amendments made to this section during the 2001-02
26Regular Session of the Legislature do not affect litigation pending
27on or before January 1, 2003, alleging a violation of Section 22325
28of the Business and Professions Code as it read at the time the
29action was commenced.

30(v) (1) When a rental company enters into a rental agreement
31in the state for the rental of a vehicle to any renter who is not a
32resident of this country and, as part of, or associated with, the rental
33agreement, the renter purchases liability insurance, as defined in
34subdivision (b) of Section 1758.85 of the Insurance Code, from
35the rental company in its capacity as a rental car agent for an
36authorized insurer, the rental company shall be authorized to accept,
37and, if served as set forth in this subdivision, shall accept, service
38of a summons and complaint and any other required documents
39against the foreign renter for any accident or collision resulting
40from the operation of the rental vehicle within the state during the
P34   1rental period. If the rental company has a registered agent for
2service of process on file with the Secretary of State, process shall
3be served on the rental company’s registered agent, either by
4first-class mail, return receipt requested, or by personal service.

5(2) Within 30 days of acceptance of service of process, the rental
6company shall provide a copy of the summons and complaint and
7any other required documents served in accordance with this
8subdivision to the foreign renter by first-class mail, return receipt
9requested.

10(3) Any plaintiff, or his or her representative, who elects to serve
11the foreign renter by delivering a copy of the summons and
12complaint and any other required documents to the rental company
13pursuant to paragraph (1) shall agree to limit his or her recovery
14against the foreign renter and the rental company to the limits of
15the protection extended by the liability insurance.

16(4) Notwithstanding the requirements of Sections 17450 to
1717456, inclusive, of the Vehicle Code, service of process in
18compliance with paragraph (1) shall be deemed valid and effective
19service.

20(5) Notwithstanding any other provision of law, the requirement
21 that the rental company accept service of process pursuant to
22paragraph (1) shall not create any duty, obligation, or agency
23relationship other than that provided in paragraph (1).

24(w) This section shall remain in effect only until January 1,
252020, and as of that date is repealed, unless a later enacted statute,
26that is enacted before January 1, 2020, deletes or extends that date.

27

SEC. 6.  

Section 1942.2 of the Civil Code is amended to read:

28

1942.2.  

A tenant who has made a payment to a utility pursuant
29to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or
3016481.1 of the Public Utilities Code, or to a district pursuant to
31Section 60371 of the Government Code, may deduct the payment
32from the rent as provided in that section.

33

SEC. 7.  

Section 415.46 of the Code of Civil Procedure is
34amended to read:

35

415.46.  

(a) In addition to the service of a summons and
36complaint in an action for unlawful detainer upon a tenant and
37subtenant, if any, as prescribed by this article, a prejudgment claim
38of right to possession may also be served on any person who
39appears to be or who may claim to have occupied the premises at
40the time of the filing of the action. Service upon occupants shall
P35   1be made pursuant to subdivision (c) by serving a copy of a
2prejudgment claim of right to possession, as specified in
3subdivision (f), attached to a copy of the summons and complaint
4at the same time service is made upon the tenant and subtenant, if
5any.

6(b) Service of the prejudgment claim of right to possession in
7this manner shall be effected by a marshal, sheriff, or registered
8process server.

9(c) (1) When serving the summons and complaint upon a tenant
10and subtenant, if any, the marshal, sheriff, or registered process
11server shall make a reasonably diligent effort to ascertain whether
12there are other adult occupants of the premises who are not named
13in the summons and complaint by inquiring of the person or
14persons who are being personally served, or any person of suitable
15age and discretion who appears to reside upon the premises,
16whether there are other occupants of the premises.

17(2) If the identity of such an occupant is disclosed to the officer
18or process server and the occupant is present at the premises, the
19officer or process server shall serve that occupant with a copy of
20the prejudgment claim of right to possession attached to a copy of
21the summons and complaint. If personal service cannot be made
22upon that occupant at that time, service may be effected by leaving
23a copy of a prejudgment claim of right to possession attached to
24a copy of the summons and complaint addressed to that occupant
25with a person of suitable age and discretion at the premises, affixing
26the same so that it is not readily removable in a conspicuous place
27on the premises in a manner most likely to give actual notice to
28that occupant, and sending the same addressed to that occupant
29by first-class mail.

30(3) In addition to the service on an identified occupant, or if no
31occupant is disclosed to the officer or process server, or if
32substituted service is made upon the tenant and subtenant, if any,
33the officer or process server shall serve a prejudgment claim of
34right to possession for all other persons who may claim to occupy
35the premises at the time of the filing of the action by leaving a
36copy of a prejudgment claim of right to possession attached to a
37copy of the summons and complaint at the premises at the same
38 time service is made upon the tenant and subtenant, if any, affixing
39the same so that it is not readily removable in a conspicuous place
40on the premises so that it is likely to give actual notice to an
P36   1occupant, and sending the same addressed to “all occupants in care
2of the named tenant” to the premises by first-class mail.

3(4) The person serving process shall state the date of service on
4the prejudgment claim of right to possession form. However, the
5absence of the date of service on the prejudgment claim of right
6to possession does not invalidate the claim.

7(d) Proof of service under this section shall be filed with the
8court and shall include a statement that service was made pursuant
9to this section. Service on occupants in accordance with this section
10shall not alter or affect service upon the tenant or subtenant, if any.

11(e) (1) If an owner or his or her agent has directed and obtained
12service of a prejudgment claim of right to possession in accordance
13with this section, no occupant of the premises, whether or not that
14occupant is named in the judgment for possession, may object to
15the enforcement of that judgment as prescribed in Section 1174.3.

16(2) In any action for unlawful detainer resulting from a
17foreclosure sale of a rental housing unit pursuant to Section 1161a,
18paragraph (1) shall not limit the right of any tenant or subtenant
19of the property to file a prejudgment claim of right of possession
20pursuant to subdivision (a) of Section 1174.25 at any time before
21judgment, or to object to enforcement of a judgment for possession
22as prescribed in Section 1174.3, regardless of whether the tenant
23or subtenant was served with a prejudgment claim of right to
24possession.

25(f) The prejudgment claim of right to possession shall be made
26on the following form:

P37   1PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
2INSERTED

[4 pages]

P41   1PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
2INSERTED

[3 pages]

P44   1

SEC. 8.  

Section 1174.25 of the Code of Civil Procedure is
2amended to read:

3

1174.25.  

(a) (1) Except as provided in paragraph (2), an
4occupant who is served with a prejudgment claim of right to
5possession in accordance with Section 415.46 may file a claim as
6prescribed in Section 415.46, with the court within 10 days of the
7date of service of the prejudgment claim of right to possession as
8shown on the return of service, which period shall include Saturday
9and Sunday but exclude all other judicial holidays. If the last day
10for filing the claim falls on a Saturday or Sunday, the filing period
11shall be extended to and including the next court day. Filing the
12prejudgment claim of right to possession shall constitute a general
13appearance for which a fee shall be collected as provided in Section
1470614 of the Government Code. Section 68511.3 of the
15Government Code applies to the prejudgment claim of right to
16possession.

17(2) In an action as described in paragraph (2) of subdivision (e)
18of Section 415.46, an occupant may file a prejudgment claim of
19right to possession at any time before judgment is entered.

20(b) At the time of filing, the claimant shall be added as a
21defendant in the action for unlawful detainer and the clerk shall
22notify the plaintiff that the claimant has been added as a defendant
23in the action by mailing a copy of the claim filed with the court to
24the plaintiff with a notation so indicating. The claimant shall
25answer or otherwise respond to the summons and complaint within
26five days, including Saturdays and Sundays, but excluding all other
27judicial holidays, after filing the prejudgment claim of possession.
28Thereafter, the name of the claimant shall be added to any pleading,
29filing or form filed in the action for unlawful detainer.

30

SEC. 9.  

Section 1174.3 of the Code of Civil Procedure is
31amended to read:

32

1174.3.  

(a) (1) Except as provided in paragraph (2), unless a
33prejudgment claim of right to possession has been served upon
34occupants in accordance with Section 415.46, any occupant not
35named in the judgment for possession who occupied the premises
36on the date of the filing of the action may object to enforcement
37of the judgment against that occupant by filing a claim of right to
38possession as prescribed in this section. A claim of right to
39possession may be filed at any time after service or posting of the
40writ of possession pursuant to subdivision (a) or (b) of Section
P45   1715.020, up to and including the time at which the levying officer
2returns to effect the eviction of those named in the judgment of
3possession. Filing the claim of right to possession shall constitute
4a general appearance for which a fee shall be collected as provided
5in Section 70614 of the Government Code. Section 68511.3 of the
6Government Code applies to the claim of right to possession. An
7occupant or tenant who is named in the action shall not be required
8to file a claim of right to possession to protect that occupant’s right
9to possession of the premises.

10(2) In an action as described in paragraph (2) of subdivision (e)
11of Section 415.46, an occupant may file a claim of right to
12possession at any time up to and including the time at which the
13levying officer returns to effect the eviction of those named in the
14judgment of possession, without regard to whether a prejudgment
15claim of right to possession has been served upon the occupant.

16(b) The court issuing the writ of possession of real property
17shall set a date or dates when the court will hold a hearing to
18determine the validity of objections to enforcement of the judgment
19specified in subdivision (a). An occupant of the real property for
20which the writ is issued may make an objection to eviction to the
21levying officer at the office of the levying officer or at the premises
22at the time of the eviction.

23If a claim of right to possession is completed and presented to
24the sheriff, marshal, or other levying officer, the officer shall
25forthwith (1) stop the eviction of occupants at the premises, and
26(2) provide a receipt or copy of the completed claim of right of
27possession to the claimant indicating the date and time the
28completed form was received, and (3) deliver the original
29completed claim of right to possession to the court issuing the writ
30of possession of real property.

31(c) A claim of right to possession is effected by any of the
32following:

33(1) Presenting a completed claim form in person with
34identification to the sheriff, marshal, or other levying officer as
35prescribed in this section, and delivering to the court within two
36court days after its presentation, an amount equal to 15 days’ rent
37together with the appropriate fee or form for proceeding in forma
38pauperis. Upon receipt of a claim of right to possession, the sheriff,
39marshal, or other levying officer shall indicate thereon the date
40and time of its receipt and forthwith deliver the original to the
P46   1issuing court and a receipt or copy of the claim to the claimant and
2notify the plaintiff of that fact. Immediately upon receipt of an
3amount equal to 15 days’ rent and the appropriate fee or form for
4proceeding in forma pauperis, the court shall file the claim of right
5to possession and serve an endorsed copy with the notice of the
6hearing date on the plaintiff and the claimant by first-class mail.
7The court issuing the writ of possession shall set and hold a hearing
8on the claim not less than five nor more than 15 days after the
9claim is filed with the court.

10(2) Presenting a completed claim form in person with
11identification to the sheriff, marshal, or other levying officer as
12prescribed in this section, and delivering to the court within two
13court days after its presentation, the appropriate fee or form for
14proceeding in forma pauperis without delivering the amount
15equivalent to 15 days’ rent. In this case, the court shall immediately
16set a hearing on the claim to be held on the fifth day after the filing
17is completed. The court shall notify the claimant of the hearing
18date at the time the claimant completes the filing by delivering to
19the court the appropriate fee or form for proceeding in forma
20pauperis, and shall notify the plaintiff of the hearing date by
21first-class mail. Upon receipt of a claim of right to possession, the
22 sheriff, marshal, or other levying officer shall indicate thereon the
23date and time of its receipt and forthwith deliver the original to
24the issuing court and a receipt or copy of the claim to the claimant
25and notify the plaintiff of that fact.

26(d) At the hearing, the court shall determine whether there is a
27valid claim of possession by the claimant who filed the claim, and
28the court shall consider all evidence produced at the hearing,
29including, but not limited to, the information set forth in the claim.
30The court may determine the claim to be valid or invalid based
31upon the evidence presented at the hearing. The court shall
32determine the claim to be invalid if the court determines that the
33claimant is an invitee, licensee, guest, or trespasser. If the court
34determines the claim is invalid, the court shall order the return to
35the claimant of the amount of the 15 days’ rent paid by the
36claimant, if that amount was paid pursuant to paragraph (1) or (3)
37of subdivision (c), less a pro rata amount for each day that
38enforcement of the judgment was delayed by reason of making
39the claim of right to possession, which pro rata amount shall be
40paid to the landlord. If the court determines the claim is valid, the
P47   1amount equal to 15 days’ rent paid by the claimant shall be returned
2immediately to the claimant.

3(e) If, upon hearing, the court determines that the claim is valid,
4then the court shall order further proceedings as follows:

5(1) If the unlawful detainer is based upon a curable breach, and
6the claimant was not previously served with a proper notice, if any
7notice is required, then the required notice may at the plaintiff’s
8discretion be served on the claimant at the hearing or thereafter.
9If the claimant does not cure the breach within the required time,
10then a supplemental complaint may be filed and served on the
11claimant as defendant if the plaintiff proceeds against the claimant
12in the same action. For the purposes of this section only, service
13of the required notice, if any notice is required, and of the
14supplemental complaint may be made by first-class mail addressed
15to the claimant at the subject premises or upon his or her attorney
16of record and, in either case, Section 1013 shall otherwise apply.
17Further proceedings on the merits of the claimant’s continued right
18to possession after service of the Summons and Supplemental
19Complaint as prescribed by this subdivision shall be conducted
20pursuant to this chapter.

21(2) In all other cases, the court shall deem the unlawful detainer
22Summons and Complaint to be amended on their faces to include
23the claimant as defendant, service of the Summons and Complaint,
24as thus amended, may at the plaintiff’s discretion be made at the
25hearing or thereafter, and the claimant thus named and served as
26a defendant in the action shall answer or otherwise respond within
27five days thereafter.

28(f) If a claim is made without delivery to the court of the
29appropriate filing fee or a form for proceeding in forma pauperis,
30as prescribed in this section, the claim shall be immediately deemed
31denied and the court shall so order. Upon the denial of the claim,
32the court shall immediately deliver an endorsed copy of the order
33to the levying officer and shall serve an endorsed copy of the order
34on the plaintiff and claimant by first-class mail.

35(g) If the claim of right to possession is denied pursuant to
36subdivision (f), or if the claimant fails to appear at the hearing or,
37upon hearing, if the court determines that there are no valid claims,
38or if the claimant does not prevail at a trial on the merits of the
39unlawful detainer action, the court shall order the levying officer
40to proceed with enforcement of the original writ of possession of
P48   1real property as deemed amended to include the claimant, which
2shall be effected within a reasonable time not to exceed five days.
3Upon receipt of the court’s order, the levying officer shall enforce
4the writ of possession of real property against any occupant or
5occupants.

6(h) The claim of right to possession shall be made on the
7following form:

P49   1PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
2INSERTED

[3 pages]

P52   1

SEC. 10.  

Section 1501.5 of the Code of Civil Procedure is
2amended to read:

3

1501.5.  

(a) Notwithstanding any provision of law to the
4contrary, property received by the state under this chapter shall
5not permanently escheat to the state.

6(b) The Legislature finds and declares that this section is
7declaratory of the existing law and sets forth the intent of the
8Legislature regarding the Uniform Disposition of Unclaimed
9Property Act (Chapter 1809, Statutes of 1959) and all amendments
10thereto and revisions thereof. Any opinions, rulings, orders,
11judgments, or other statements to the contrary by any court are
12erroneous and inconsistent with the intent of the Legislature.

13(c) It is the intent of the Legislature that property owners be
14reunited with their property. In making changes to the unclaimed
15property program, the Legislature intends to adopt a more
16expansive notification program that will provide all of the
17following:

18(1) Notification by the state to all owners of unclaimed property
19prior to escheatment.

20(2) A more expansive postescheatment policy that takes action
21to identify those owners of unclaimed property.

22(3) A waiting period of not less than seven years from delivery
23of property to the state prior to disposal of any unclaimed property
24deemed to have no commercial value.

25

SEC. 11.  

Section 1571 of the Code of Civil Procedure is
26amended to read:

27

1571.  

(a) The Controller may at reasonable times and upon
28reasonable notice examine the records of any person if the
29Controller has reason to believe that the person is a holder who
30has failed to report property that should have been reported
31pursuant to this chapter.

32(b) When requested by the Controller, the examination shall be
33conducted by any licensing or regulating agency otherwise
34empowered by the laws of this state to examine the records of the
35holder. For the purpose of determining compliance with this
36chapter, the Commissioner of Business Oversight is vested with
37full authority to examine the records of any banking organization
38and any savings association doing business within this state but
39not organized under the laws of or created in this state.

P53   1(c) Following a public hearing, the Controller shall adopt
2guidelines as to the policies and procedures governing the activity
3of third-party auditors who are hired by the Controller.

4(d) Following a public hearing, the Controller shall adopt
5guidelines, on or before July 1, 1999, establishing forms, policies,
6and procedures to enable a person to dispute or appeal the results
7of any record examination conducted pursuant to this section.

begin delete
8

SEC. 12.  

Section 1987 of the Code of Civil Procedure is
9amended to read:

10

1987.  

(a) Except as provided in Sections 68097.1 to 68097.8,
11inclusive, of the Government Code, the service of a subpoena is
12made by delivering a copy, or a ticket containing its substance, to
13the witness personally, giving or offering to the witness at the same
14time, if demanded by him or her, the fees to which he or she is
15entitled for travel to and from the place designated, and one day’s
16attendance there. The service shall be made so as to allow the
17witness a reasonable time for preparation and travel to the place
18of attendance. The service may be made by any person. If service
19is to be made on a minor, service shall be made on the minor’s
20parent, guardian, conservator, or similar fiduciary, or if one of
21those persons cannot be located with reasonable diligence, service
22shall be made on any person having the care or control of the minor
23or with whom the minor resides or by whom the minor is
24employed, and on the minor if the minor is 12 years of age or older.
25If the minor is alleged to come within the description of Section
26300, 601, or 602 of the Welfare and Institutions Code and the
27minor is not in the custody of a parent or guardian, regardless of
28the age of the minor, service also shall be made upon the designated
29agent for service of process at the county child welfare department
30or the probation department under whose jurisdiction the minor
31has been placed.

32(b) In the case of the production of a party to the record of any
33civil action or proceeding or of a person for whose immediate
34benefit an action or proceeding is prosecuted or defended or of
35anyone who is an officer, director, managing agent, or employee
36of any such party or person, the service of a subpoena upon any
37such witness is not required if written notice requesting the witness
38to attend before a court, or at a trial of an issue therein, with the
39time and place thereof, is served upon the attorney of that party or
40person. The notice shall be served at least 10 days before the time
P54   1required for attendance unless the court prescribes a shorter time.
2If entitled thereto, the witness, upon demand, shall be paid witness
3fees and mileage before being required to testify. The giving of
4the notice shall have the same effect as service of a subpoena on
5the witness, and the parties shall have those rights and the court
6may make those orders, including the imposition of sanctions, as
7in the case of a subpoena for attendance before the court.

8(c) (1) If the notice specified in subdivision (b) is served at
9least 20 days before the time required for attendance, or within
10any shorter period of time as the court may order, it may include
11a request that the party or person bring with him or her books,
12documents, electronically stored information, or other things. The
13notice shall state the exact materials or things desired and that the
14party or person has them in his or her possession or under his or
15her control. Within five days thereafter, or any other time period
16as the court may allow, the party or person of whom the request
17is made may serve written objections to the request or any part
18thereof, with a statement of grounds. Thereafter, upon noticed
19motion of the requesting party, accompanied by a showing of good
20cause and of materiality of the items to the issues, the court may
21order production of items to which objection was made, unless the
22objecting party or person establishes good cause for nonproduction
23or production under limitations or conditions. The procedure of
24this subdivision is an alternative to the procedure provided by
25Sections 1985 and 1987.5 in the cases herein provided for, and no
26subpoena duces tecum shall be required.

27(2)  Subject to this subdivision, the notice provided in this
28subdivision shall have the same effect as is provided in subdivision
29(b) as to a notice for attendance of that party or person.

end delete
30

begin deleteSEC. 13.end delete
31begin insertSEC. 12.end insert  

Section 2025.510 of the Code of Civil Procedure is
32amended to read:

33

2025.510.  

(a) Unless the parties agree otherwise, the testimony
34at a deposition recorded by stenographic means shall be transcribed.

35(b)  The party noticing the deposition shall bear the cost of the
36transcription, unless the court, on motion and for good cause
37shown, orders that the cost be borne or shared by another party.

38(c) Notwithstanding subdivision (b) of Section 2025.320, any
39other party or the deponent, at the expense of that party or
40deponent, may obtain a copy of the transcript.

P55   1(d) If the deposition officer receives a request from a party for
2an original or a copy of the deposition transcript, or any portion
3thereof, and the full or partial transcript will be available to that
4party prior to the time the original or copy would be available to
5any other party, the deposition officer shall immediately notify all
6other parties attending the deposition of the request, and shall,
7upon request by any party other than the party making the original
8request, make that copy of the full or partial deposition transcript
9available to all parties at the same time.

10(e) Stenographic notes of depositions shall be retained by the
11reporter for a period of not less than eight years from the date of
12the deposition, where no transcript is produced, and not less than
13one year from the date on which the transcript is produced. The
14notes may be either on paper or electronic media, as long as it
15allows for satisfactory production of a transcript at any time during
16the periods specified.

17(f) At the request of any other party to the action, including a
18party who did not attend the taking of the deposition testimony,
19any party who records or causes the recording of that testimony
20by means of audio or video technology shall promptly do both of
21the following:

22(1) Permit that other party to hear the audio recording or to view
23the video recording.

24(2) Furnish a copy of the audio or video recording to that other
25party on receipt of payment of the reasonable cost of making that
26copy of the recording.

27(g) If the testimony at the deposition is recorded both
28stenographically and by audio or video technology, the
29stenographic transcript shall be the official record of that testimony
30for the purpose of the trial and any subsequent hearing or appeal.

31(h) (1) The requesting attorney or party appearing in propria
32persona shall timely pay the deposition officer or the entity
33providing the services of the deposition officer for the transcription
34or copy of the transcription described in subdivision (b) or (c), and
35any other deposition product or service that is requested either
36orally or in writing.

37(2) This subdivision shall apply unless responsibility for the
38payment is otherwise provided by law or unless the deposition
39officer or entity is notified in writing at the time the services or
P56   1products are requested that the party or another identified person
2will be responsible for payment.

3(3) This subdivision does not prohibit or supersede an agreement
4between an attorney and a party allocating responsibility for the
5payment of deposition costs to the party.

begin delete

6(4) Unless the parties agree otherwise, if a party or a party’s
7attorney disputes the reasonableness of fees charged by a deposition
8officer or an entity providing the services of a deposition officer
9for the transcription or copy of the transcription described in
10subdivision (b) or (c), or any other deposition product or service
11requested orally or in writing, the party or attorney shall file an
12independent civil action to determine the reasonableness of the
13fees.

end delete
begin insert

14(4) Nothing in the case of Serrano v. Stefan Merli Plastering
15Co., Inc. (2008) 162 Cal.App.4th 1014 shall be construed to alter
16the standards by which a court acquires personal jurisdiction over
17a nonparty to an action.

end insert

18(5) The requesting attorney or party appearing in propria
19persona, upon the written request of a deposition officer who has
20obtained a final judgment for payment of services provided
21pursuant to this subdivision, shall provide to the deposition officer
22an address that can be used to effectuate service for the purpose
23of Section 708.110 in the manner specified in Section 415.10.

24(i) For purposes of this section, “deposition product or service”
25means any product or service provided in connection with a
26deposition that qualifies as shorthand reporting, as described in
27Section 8017 of the Business and Professions Code, and any
28product or service derived from that shorthand reporting.

29

begin deleteSEC. 14.end delete
30begin insertSEC. 13.end insert  

Section 912 of the Evidence Code is amended to read:

31

912.  

(a) Except as otherwise provided in this section, the right
32of any person to claim a privilege provided by Section 954
33(lawyer-client privilege), 966 (lawyer referral service-client
34privilege), 980 (privilege for confidential marital communications),
35994 (physician-patient privilege), 1014 (psychotherapist-patient
36privilege), 1033 (privilege of penitent), 1034 (privilege of clergy
37member), 1035.8 (sexual assault counselor-victim privilege),
381037.5 (domestic violence counselor-victim privilege), or 1038
39(human trafficking caseworker-victim privilege) is waived with
40respect to a communication protected by the privilege if any holder
P57   1of the privilege, without coercion, has disclosed a significant part
2of the communication or has consented to disclosure made by
3anyone. Consent to disclosure is manifested by any statement or
4other conduct of the holder of the privilege indicating consent to
5the disclosure, including failure to claim the privilege in any
6proceeding in which the holder has legal standing and the
7opportunity to claim the privilege.

8(b) Where two or more persons are joint holders of a privilege
9provided by Section 954 (lawyer-client privilege), 966 (lawyer
10referral service-client privilege), 994 (physician-patient privilege),
111014 (psychotherapist-patient privilege), 1035.8 (sexual assault
12counselor-victim privilege), 1037.5 (domestic violence
13counselor-victim privilege), or 1038 (human trafficking
14caseworker-victim privilege), a waiver of the right of a particular
15joint holder of the privilege to claim the privilege does not affect
16the right of another joint holder to claim the privilege. In the case
17of the privilege provided by Section 980 (privilege for confidential
18marital communications), a waiver of the right of one spouse to
19claim the privilege does not affect the right of the other spouse to
20claim the privilege.

21(c) A disclosure that is itself privileged is not a waiver of any
22privilege.

23(d) A disclosure in confidence of a communication that is
24protected by a privilege provided by Section 954 (lawyer-client
25privilege), 966 (lawyer referral service-client privilege), 994
26(physician-patient privilege), 1014 (psychotherapist-patient
27privilege), 1035.8 (sexual assault counselor-victim privilege),
281037.5 (domestic violence counselor-victim privilege), or 1038
29(human trafficking caseworker-victim privilege), when disclosure
30is reasonably necessary for the accomplishment of the purpose for
31which the lawyer, lawyer referral service, physician,
32psychotherapist, sexual assault counselor, domestic violence
33counselor, or human trafficking caseworker was consulted, is not
34a waiver of the privilege.

35

begin deleteSEC. 15.end delete
36begin insertSEC. 14.end insert  

Section 917 of the Evidence Code is amended to read:

37

917.  

(a) If a privilege is claimed on the ground that the matter
38sought to be disclosed is a communication made in confidence in
39the course of the lawyer-client, lawyer referral service-client,
40physician-patient, psychotherapist-patient, clergy-penitent,
P58   1husband-wife, sexual assault counselor-victim, domestic violence
2counselor-victim, or human trafficking caseworker-victim
3relationship, the communication is presumed to have been made
4in confidence and the opponent of the claim of privilege has the
5burden of proof to establish that the communication was not
6confidential.

7(b) A communication between persons in a relationship listed
8in subdivision (a) does not lose its privileged character for the sole
9reason that it is communicated by electronic means or because
10persons involved in the delivery, facilitation, or storage of
11electronic communication may have access to the content of the
12communication.

13(c) For purposes of this section, “electronic” has the same
14meaning provided in Section 1633.2 of the Civil Code.

15

begin deleteSEC. 16.end delete
16begin insertSEC. 15.end insert  

Section 1038.2 of the Evidence Code is amended to
17read:

18

1038.2.  

(a)  As used in this article, “victim” means any person
19who is a “trafficking victim” as defined in Section 236.1 of the
20Penal Code.

21(b) As used in this article, “human trafficking caseworker”
22means any of the following:

23(1) A person who is employed by any organization providing
24the programs specified in Section 18294 of the Welfare and
25Institutions Code, whether financially compensated or not, for the
26purpose of rendering advice or assistance to victims of human
27trafficking, who has received specialized training in the counseling
28of human trafficking victims, and who meets one of the following
29requirements:

30(A) Has a master’s degree in counseling or a related field; or
31has one year of counseling experience, at least six months of which
32is in the counseling of human trafficking victims.

33(B) Has at least 40 hours of training as specified in this
34paragraph and is supervised by an individual who qualifies as a
35counselor under subparagraph (A), or is a psychotherapist, as
36defined in Section 1010. The training, supervised by a person
37qualified under subparagraph (A), shall include, but need not be
38limited to, the following areas: history of human trafficking, civil
39and criminal law as it relates to human trafficking, societal attitudes
40toward human trafficking, peer counseling techniques, housing,
P59   1public assistance, and other financial resources available to meet
2the financial needs of human trafficking victims, and referral
3services available to human trafficking victims. A portion of this
4training must include an explanation of privileged communication.

5(2) A person who is employed by any organization providing
6the programs specified in Section 13835.2 of the Penal Code,
7whether financially compensated or not, for the purpose of
8counseling and assisting human trafficking victims, and who meets
9one of the following requirements:

10(A) Is a psychotherapist as defined in Section 1010, has a
11master’s degree in counseling or a related field, or has one year of
12counseling experience, at least six months of which is in rape
13assault counseling.

14(B) Has the minimum training for human trafficking counseling
15required by guidelines established by the employing agency
16pursuant to subdivision (c) of Section 13835.10 of the Penal Code,
17and is supervised by an individual who qualifies as a counselor
18under subparagraph (A). The training, supervised by a person
19qualified under subparagraph (A), shall include, but not be limited
20to, law, victimology, counseling techniques, client and system
21advocacy, and referral services. A portion of this training must
22include an explanation of privileged communication.

23(c) As used in this article, “confidential communication” means
24information transmitted between the victim and the caseworker in
25the course of their relationship and in confidence by a means which,
26so far as the victim is aware, discloses the information to no third
27persons other than those who are present to further the interests of
28the victim in the consultation or those to whom disclosures are
29reasonably necessary for the transmission of the information or an
30accomplishment of the purposes for which the human trafficking
31counselor is consulted. It includes all information regarding the
32facts and circumstances involving all incidences of human
33trafficking.

34(d) As used in this article, “holder of the privilege” means the
35victim when he or she has no guardian or conservator, or a guardian
36or conservator of the victim when the victim has a guardian or
37conservator.

38

begin deleteSEC. 17.end delete
39begin insertSEC. 16.end insert  

Section 504 of the Family Code is amended to read:

P60   1

504.  

A confidential marriage license is valid only for a period
2of 90 days after its issuance by the county clerk.

begin delete
3

SEC. 18.  

Section 2251 of the Family Code is amended to read:

4

2251.  

(a) If a determination is made that a marriage is void or
5voidable and the court finds that either party or both parties
6believed in good faith that the marriage was valid, the court shall:

7(1) Declare the party or parties to have the status of a putative
8spouse.

9(2) If the division of property is in issue, divide, in accordance
10with Division 7 (commencing with Section 2500), that property
11acquired during the union which would have been community
12property or quasi-community property if the union had not been
13void or voidable. This property is known as “quasi-marital
14property.”

15(b) If the court expressly reserves jurisdiction, it may make the
16property division at a time after the judgment.

17(c) A court shall not make the orders or declarations authorized
18in subdivision (a) unless the party or parties that believed in good
19faith that the marriage was valid request the court to do so.

end delete
20

begin deleteSEC. 19.end delete
21begin insertSEC. 17.end insert  

Section 831.7 of the Government Code is amended
22to read:

23

831.7.  

(a) Neither a public entity nor a public employee is
24liable to any person who participates in a hazardous recreational
25activity, including any person who assists the participant, or to any
26spectator who knew or reasonably should have known that the
27hazardous recreational activity created a substantial risk of injury
28to himself or herself and was voluntarily in the place of risk, or
29having the ability to do so failed to leave, for any damage or injury
30to property or persons arising out of that hazardous recreational
31activity.

32(b) As used in this section, “hazardous recreational activity”
33means a recreational activity conducted on property of a public
34entity that creates a substantial, as distinguished from a minor,
35trivial, or insignificant, risk of injury to a participant or a spectator.

36“Hazardous recreational activity” also means:

37(1) Water contact activities, except diving, in places where, or
38at a time when, lifeguards are not provided and reasonable warning
39thereof has been given, or the injured party should reasonably have
40known that there was no lifeguard provided at the time.

P61   1(2) Any form of diving into water from other than a diving board
2or diving platform, or at any place or from any structure where
3diving is prohibited and reasonable warning thereof has been given.

4(3) Animal riding, including equestrian competition, archery,
5bicycle racing or jumping, bicycle motocross, mountain bicycling,
6boating, cross-country and downhill skiing, hang gliding, kayaking,
7motorized vehicle racing, off-road motorcycling or four-wheel
8 driving of any kind, orienteering, pistol and rifle shooting, rock
9climbing, rocketeering, rodeo, self-contained underwater breathing
10apparatus (SCUBA) diving, spelunking, skydiving, sport
11parachuting, paragliding, body contact sports, surfing,
12trampolining, tree climbing, tree rope swinging, waterskiing, white
13water rafting, and windsurfing. For the purposes of this subdivision,
14“mountain bicycling” does not include riding a bicycle on paved
15pathways, roadways, or sidewalks. For the purpose of this
16paragraph, “body contact sports” means sports in which it is
17reasonably foreseeable that there will be rough bodily contact with
18one or more participants.

19(c) (1) Notwithstanding subdivision (a), this section does not
20limit liability that would otherwise exist for any of the following:

21(A) Failure of the public entity or employee to guard or warn
22of a known dangerous condition or of another hazardous
23recreational activity known to the public entity or employee that
24is not reasonably assumed by the participant as inherently a part
25of the hazardous recreational activity out of which the damage or
26injury arose.

27(B) Damage or injury suffered in any case where permission to
28participate in the hazardous recreational activity was granted for
29a specific fee. For the purpose of this subparagraph, “specific fee”
30does not include a fee or consideration charged for a general
31purpose such as a general park admission charge, a vehicle entry
32or parking fee, or an administrative or group use application or
33permit fee, as distinguished from a specific fee charged for
34participation in the specific hazardous recreational activity out of
35which the damage or injury arose.

36(C) Injury suffered to the extent proximately caused by the
37negligent failure of the public entity or public employee to properly
38construct or maintain in good repair any structure, recreational
39equipment or machinery, or substantial work of improvement
P62   1utilized in the hazardous recreational activity out of which the
2damage or injury arose.

3(D) Damage or injury suffered in any case where the public
4entity or employee recklessly or with gross negligence promoted
5the participation in or observance of a hazardous recreational
6activity. For purposes of this subparagraph, promotional literature
7or a public announcement or advertisement that merely describes
8the available facilities and services on the property does not in
9itself constitute a reckless or grossly negligent promotion.

10(E) An act of gross negligence by a public entity or a public
11employee that is the proximate cause of the injury.

12(2) Nothing in this subdivision creates a duty of care or basis
13of liability for personal injury or damage to personal property.

14(d) Nothing in this section limits the liability of an independent
15concessionaire, or any person or organization other than the public
16entity, whether or not the person or organization has a contractual
17relationship with the public entity to use the public property, for
18injuries or damages suffered in any case as a result of the operation
19of a hazardous recreational activity on public property by the
20concessionaire, person, or organization.

21

begin deleteSEC. 20.end delete
22begin insertSEC. 18.end insert  

Section 1456 of the Government Code is repealed.

23

begin deleteSEC. 21.end delete
24begin insertSEC. 19.end insert  

Section 6103.13 is added to the Government Code,
25to read:

26

6103.13.  

Except as otherwise provided in this chapter, a probate
27referee acting in his or her official capacity upon designation by
28the court and who performs any act authorized or required pursuant
29to the Probate Code shall be exempt from paying or depositing a
30fee for the filing of any document, paper, report, supplemental
31report, or objection in any proceeding that may constitute an
32appearance by a party to a legal proceeding.

33

begin deleteSEC. 22.end delete
34begin insertSEC. 20.end insert  

Section 8214.15 of the Government Code is amended
35to read:

36

8214.15.  

(a) In addition to any commissioning or disciplinary
37sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section
388214.1, or a willful violation of subdivision (d) of Section 8214.1,
39is punishable by a civil penalty not to exceed one thousand five
40hundred dollars ($1,500).

P63   1(b) In addition to any commissioning or disciplinary sanction,
2a violation of subdivision (h), (j), or (k) of Section 8214.1, or a
3negligent violation of subdivision (d) of Section 8214.1 is
4punishable by a civil penalty not to exceed seven hundred fifty
5dollars ($750).

6(c) The civil penalty may be imposed by the Secretary of State
7if a hearing is not requested pursuant to Section 8214.3. If a hearing
8is requested, the hearing officer shall make the determination.

9(d) Any civil penalties collected pursuant to this section shall
10be transferred to the General Fund. It is the intent of the Legislature
11that to the extent General Fund moneys are raised by penalties
12collected pursuant to this section, that money shall be made
13available to the Secretary of State’s office to defray its costs of
14investigating and pursuing commissioning and monetary remedies
15for violations of the notary public law.

16

begin deleteSEC. 23.end delete
17begin insertSEC. 21.end insert  

Section 60371 of the Government Code is amended
18to read:

19

60371.  

(a) If a district furnishes residential light, heat, water,
20or power through a master meter, or furnishes individually metered
21service in a single-family dwelling, multiunit residential structure,
22mobilehome park, or farm labor camp and the owner, manager, or
23farm labor employer is the customer of record, the district shall
24make every good faith effort to inform the actual users of the
25services, by means of written notice, when the account is in arrears,
26that service will be terminated in 10 days. The written notice shall
27further inform the actual users that they have the right to become
28customers of the district without being required to pay the amount
29due on the delinquent account. The notice shall be in English and
30in the languages listed in Section 1632 of the Civil Code.

31(b) The district is not required to make service available to the
32actual users unless each actual user agrees to the terms and
33conditions of service, and meets the requirements of the district’s
34rules and tariffs. However, if one or more actual users are willing
35and able to assume responsibility for the subsequent charges to
36the account to the satisfaction of the district, or if there is a physical
37means, legally available to the district, of selectively terminating
38service to those actual users who have not met the requirements
39of the district’s rules and tariffs, the district shall make service
40available to the actual users who have met those requirements.

P64   1(c)  If prior service for a period of time is a condition for
2establishing credit with the district, residence and proof of prompt
3payment of rent for that period of time is a satisfactory equivalent.

4(d) Any actual user who becomes a customer of the district
5pursuant to this section whose periodic payments, such as rental
6payments, include charges for residential light, heat, water, or
7power, where these charges are not separately stated, may deduct
8from the periodic payment each payment period all reasonable
9charges paid to the district for those services during the preceding
10payment period.

11

begin deleteSEC. 24.end delete
12begin insertSEC. 22.end insert  

Section 68085.1 of the Government Code, as amended
13by Section 18 of Chapter 41 of the Statutes of 2012, is amended
14to read:

15

68085.1.  

(a) This section applies to all fees and fines that are
16collected on or after January 1, 2006, under all of the following:

17(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
18704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
19subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
20Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
215.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
22Code of Civil Procedure.

23(2) Section 3112 of the Family Code.

24(3) Section 31622 of the Food and Agricultural Code.

25(4) Subdivision (d) of Section 6103.5, Sections 68086 and
2668086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
2769953.5, and Chapter 5.8 (commencing with Section 70600).

28(5) Section 103470 of the Health and Safety Code.

29(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
30of the Penal Code.

31(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
32Code.

33(8) Sections 14607.6 and 16373 of the Vehicle Code.

34(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
35of the Family Code, and Section 1513.1 of the Probate Code, if
36the reimbursement is for expenses incurred by the court.

37(10) Section 3153 of the Family Code, if the amount is paid to
38the court for the cost of counsel appointed by the court to represent
39a child.

P65   1(b) On and after January 1, 2006, each superior court shall
2deposit all fees and fines listed in subdivision (a), as soon as
3practicable after collection and on a regular basis, into a bank
4account established for this purpose by the Administrative Office
5of the Courts. Upon direction of the Administrative Office of the
6Courts, the county shall deposit civil assessments under Section
71214.1 of the Penal Code and any other money it collects under
8the sections listed in subdivision (a) as soon as practicable after
9collection and on a regular basis into the bank account established
10for this purpose and specified by the Administrative Office of the
11Courts. The deposits shall be made as required by rules adopted
12by, and financial policies and procedures authorized by, the Judicial
13Council under subdivision (a) of Section 77206. Within 15 days
14after the end of the month in which the fees and fines are collected,
15each court, and each county that collects any fines or fees under
16subdivision (a), shall provide the Administrative Office of the
17Courts with a report of the fees by categories as specified by the
18Administrative Office of the Courts. The Administrative Office
19of the Courts and any court may agree upon a time period greater
20than 15 days, but in no case more than 30 days after the end of the
21month in which the fees and fines are collected. The fees and fines
22listed in subdivision (a) shall be distributed as provided in this
23section.

24(c) (1) Within 45 calendar days after the end of the month in
25which the fees and fines listed in subdivision (a) are collected, the
26Administrative Office of the Courts shall make the following
27distributions:

28(A) To the small claims advisory services, as described in
29subdivision (f) of Section 116.230 of the Code of Civil Procedure.

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

32(C) To the county law library funds, as described in Sections
33116.230 and 116.760 of the Code of Civil Procedure, subdivision
34(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
35Section 70621 of this code, and Section 14607.6 of the Vehicle
36Code.

37(D) To the courthouse construction funds in the Counties of
38Riverside, San Bernardino, and San Francisco, as described in
39Sections 70622, 70624, and 70625.

P66   1(E) Commencing July 1, 2011, to the Trial Court Trust Fund,
2as described in subdivision (e) of Section 70626, to be used by the
3Judicial Council to implement and administer the civil
4representation pilot program under Section 68651.

5(2) If any distribution under this subdivision is delinquent, the
6Administrative Office of the Courts shall add a penalty to the
7distribution as specified in subdivision (i).

8(d) Within 45 calendar days after the end of the month in which
9the fees and fines listed in subdivision (a) are collected, the
10amounts remaining after the distributions in subdivision (c) shall
11be transmitted to the State Treasury for deposit in the Trial Court
12Trust Fund and other funds as required by law. This remittance
13shall be accompanied by a remittance advice identifying the
14collection month and the appropriate account in the Trial Court
15Trust Fund or other fund to which it is to be deposited. Upon the
16receipt of any delinquent payment required under this subdivision,
17the Controller shall calculate a penalty as provided under
18subdivision (i).

19(e) From the money transmitted to the State Treasury under
20subdivision (d), the Controller shall make deposits as follows:

21(1) Into the State Court Facilities Construction Fund, the Judges’
22Retirement Fund, and the Equal Access Fund, as described in
23subdivision (c) of Section 68085.3 and subdivision (c) of Section
2468085.4.

25(2) Into the Health Statistics Special Fund, as described in
26subdivision (b) of Section 70670 of this code and Section 103730
27of the Health and Safety Code.

28(3) Into the Family Law Trust Fund, as described in Section
2970674.

30(4) Into the Immediate and Critical Needs Account of the State
31Court Facilities Construction Fund, established in Section 70371.5,
32as described in Sections 68085.3, 68085.4, and 70657.5, and
33subdivision (e) of Section 70617.

34(5) The remainder of the money shall be deposited into the Trial
35Court Trust Fund.

36(f) The amounts collected by each superior court under Section
37116.232, subdivision (g) of Section 411.20, and subdivision (g) of
38Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
393153, 7851.5, and 9002 of the Family Code, subdivision (d) of
40Section 6103.5, subdivision (d) of Section 68511.3 and Sections
P67   168926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
2of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
3Probate Code shall be added to the monthly apportionment for that
4court under subdivision (a) of Section 68085.

5(g) If any of the fees provided in subdivision (a) are partially
6waived by court order or otherwise reduced, and the fee is to be
7divided between the Trial Court Trust Fund and any other fund or
8account, the amount of the reduction shall be deducted from the
9amount to be distributed to each fund in the same proportion as
10the amount of each distribution bears to the total amount of the
11fee. If the fee is paid by installment payments, the amount
12distributed to each fund or account from each installment shall
13bear the same proportion to the installment payment as the full
14distribution to that fund or account does to the full fee. If a court
15collects a fee that was incurred before January 1, 2006, under a
16provision that was the predecessor to one of the paragraphs
17contained in subdivision (a), the fee may be deposited as if it were
18collected under the paragraph of subdivision (a) that corresponds
19to the predecessor of that paragraph and distributed in prorated
20amounts to each fund or account to which the fee in subdivision
21(a) must be distributed.

22(h) Except as provided in Sections 470.5 and 6322.1 of the
23Business and Professions Code, and Sections 70622, 70624, and
2470625 of this code, an agency shall not take action to change the
25amounts allocated to any of the funds described in subdivision (c),
26(d), or (e).

27(i) The amount of the penalty on any delinquent payment under
28subdivision (c) or (d) shall be calculated by multiplying the amount
29of the delinquent payment at a daily rate equivalent to 112 percent
30per month for the number of days the payment is delinquent. The
31penalty shall be paid from the Trial Court Trust Fund. Penalties
32on delinquent payments under subdivision (d) shall be calculated
33only on the amounts to be distributed to the Trial Court Trust Fund
34and the State Court Facilities Construction Fund, and each penalty
35 shall be distributed proportionately to the funds to which the
36delinquent payment was to be distributed.

37(j) If a delinquent payment under subdivision (c) or (d) results
38from a delinquency by a superior court under subdivision (b), the
39court shall reimburse the Trial Court Trust Fund for the amount
40of the penalty. Notwithstanding Section 77009, any penalty on a
P68   1delinquent payment that a court is required to reimburse pursuant
2to this section shall be paid from the court operations fund for that
3court. The penalty shall be paid by the court to the Trial Court
4Trust Fund no later than 45 days after the end of the month in
5which the penalty was calculated. If the penalty is not paid within
6the specified time, the Administrative Office of the Courts may
7reduce the amount of a subsequent monthly allocation to the court
8by the amount of the penalty on the delinquent payment.

9(k) If a delinquent payment under subdivision (c) or (d) results
10from a delinquency by a county in transmitting fees and fines listed
11in subdivision (a) to the bank account established for this purpose,
12as described in subdivision (b), the county shall reimburse the Trial
13Court Trust Fund for the amount of the penalty. The penalty shall
14be paid by the county to the Trial Court Trust Fund no later than
1545 days after the end of the month in which the penalty was
16calculated.

17(l) This section shall become inoperative on July 1, 2017, and,
18as of January 1, 2018, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2018, deletes or
20extends the dates on which it becomes inoperative and is repealed.

21

begin deleteSEC. 25.end delete
22begin insertSEC. 23.end insert  

Section 68631 of the Government Code is amended
23to read:

24

68631.  

An initial fee waiver shall be granted by the court at
25any stage of the proceedings at both the appellate and trial court
26levels if an applicant meets the standards of eligibility and
27application requirements under Sections 68632 and 68633. An
28initial fee waiver excuses the applicant from paying fees for the
29first pleading or other paper, and other court fees and costs,
30including assessments for court investigations under Section 1513
31or 1826 of the Probate Code, as specified in rules adopted by the
32Judicial Council, unless the court orders the applicant to make
33partial payments under subdivision (c) of Section 68632,
34subdivision (d) of Section 68636, or subdivision (e) of Section
3568637. Under circumstances set forth in Section 68636, the court
36may reconsider the initial fee waiver and order the fee waiver
37 withdrawn for future fees and costs or deny the fee waiver
38retroactively. At the end of the case, the court may recover fees
39and costs that were initially waived under circumstances set forth
40in Section 68637. Upon establishment of a conservatorship or
P69   1guardianship, the court may collect all or part of any fees waived
2pursuant to this section and Section 68632 from the estate of the
3conservatee or ward, if the court finds that the estate has the ability
4to pay the fees, or a portion thereof, immediately, over a period of
5time, or under some other equitable agreement, without using
6moneys that normally would pay for the common necessaries of
7life for the applicant and the applicant’s family.

8

begin deleteSEC. 26.end delete
9begin insertSEC. 24.end insert  

Section 68631.5 is added to the Government Code,
10to read:

11

68631.5.  

For purposes of this article, a conservatee, ward, or
12person for whom a conservatorship or guardianship is sought, shall
13be deemed the “applicant,” and the conservator, guardian, or person
14or persons seeking to establish the conservatorship or guardianship
15shall be deemed the “petitioner.” In those cases, the petitioner is
16responsible for completing all forms and providing all information
17required under this article.

18

begin deleteSEC. 27.end delete
19begin insertSEC. 25.end insert  

Section 68632 of the Government Code is amended
20to read:

21

68632.  

Permission to proceed without paying court fees and
22costs because of an applicant’s financial condition shall be granted
23initially to all of the following persons:

24(a) An applicant who is receiving public benefits under one or
25more of the following programs:

26(1) Supplemental Security Income (SSI) and State
27Supplementary Payment (SSP) (Article 5 (commencing with
28Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
29and Institutions Code).

30(2) California Work Opportunity and Responsibility to Kids
31Act (CalWORKs) (Chapter 2 (commencing with Section 11200)
32of Part 3 of Division 9 of the Welfare and Institutions Code) or a
33federal Tribal Temporary Assistance for Needy Families (Tribal
34TANF) grant program (Section 10553.25 of the Welfare and
35Institutions Code).

36(3) Supplemental Nutrition Assistance Program (Chapter 51
37(commencing with Section 2011) of Title 7 of the United States
38Code) or CalFresh (Chapter 10 (commencing with Section 18900)
39of Part 6 of Division 9 of the Welfare and Institutions Code).

P70   1(4) County Relief, General Relief (GR), or General Assistance
2(GA) (Part 5 (commencing with Section 17000) of Division 9 of
3the Welfare and Institutions Code).

4(5) Cash Assistance Program for Aged, Blind, and Disabled
5Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section
618937) of Part 6 of Division 9 of the Welfare and Institutions
7Code).

8(6) In-Home Supportive Services (IHSS) (Article 7
9 (commencing with Section 12300) of Chapter 3 of Part 3 of
10Division 9 of the Welfare and Institutions Code).

11(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of
12Part 3 of Division 9 of the Welfare and Institutions Code).

13(b) An applicant whose monthly income is 125 percent or less
14of the current poverty guidelines updated periodically in the Federal
15Register by the United States Department of Health and Human
16Services under the authority of paragraph (2) of Section 9902 of
17Title 42 of the United States Code.

18(c) An applicant who, as individually determined by the court,
19cannot pay court fees without using moneys that normally would
20pay for the common necessaries of life for the applicant and the
21applicant’s family. Only if a trial court finds that an applicant under
22this subdivision can pay a portion of court fees, or can pay court
23fees over a period of time, or under some other equitable
24arrangement, without using moneys that normally would pay for
25the common necessaries of life for the applicant and the applicant’s
26family, the court may grant a partial initial fee waiver using the
27notice and hearing procedures set forth in paragraph (5) of
28subdivision (e) of Section 68634. “Common necessaries of life,”
29as used in this article, shall be interpreted consistently with the use
30of that term in paragraph (1) of subdivision (c) of Section 706.051
31of the Code of Civil Procedure, as that paragraph read prior to
32January 1, 2012.

33(d) A person who files a petition for appointment of a fiduciary
34in a guardianship or conservatorship, or files pleadings as the
35appointed fiduciary of a conservatee or ward, when the financial
36condition of the conservatee or ward meets the standards for a fee
37waiver pursuant to subdivision (a), (b), or (c).

38

begin deleteSEC. 28.end delete
39begin insertSEC. 26.end insert  

Section 1569.698 of the Health and Safety Code is
40amended to read:

P71   1

1569.698.  

(a) The State Fire Marshal has proposed that the
2State Building Standards Commission adopt building standards to
3provide for locked and secured perimeters in residential care
4facilities for the elderly that care for persons with dementia:

5(1) It is acknowledged that these building standards will not
6become effective until October 1, 1996.

7(2) It is the policy of the State Building Standards Commission
8that building standards be adopted exclusively into the California
9Building Standards Code and not into state statute.

10(3) However, in recognition of the immediate need of residential
11care facilities for the elderly caring for persons with dementia to
12provide a secured environment, it is the intent of the Legislature
13that the building standards for locked and secured perimeters
14proposed by the State Fire Marshal for adoption in the 1994
15California Building Standards Code, as set forth in Section
161569.699, be effective upon the date this article becomes operative.

17(b) (1) Upon the filing of emergency regulations with the
18Secretary of State pursuant to subdivision (c), a residential care
19facility for the elderly that cares for people with dementia may
20utilize secured perimeter fences or locked exit doors, if it meets
21the requirements for additional safeguards required by those
22regulations.

23(2) For the purposes of this article, dementia includes
24Alzheimer’s disease and related disorders, diagnosed by a
25physician, that increase the tendency to wander and that decrease
26hazard awareness and the ability to communicate.

27(3) It is the intent of the Legislature in enacting this article that
28residential care facilities for the elderly have options for the
29security of persons with dementia who are residents of those
30facilities that are in addition to existing security exceptions made
31for individual residents. It is the further intent of the Legislature
32that these additional options shall include the use of waivers of
33certain building standards relating to fire safety, to be issued by
34the state department with the approval of the State Fire Marshal,
35to permit the care of a target group of persons with dementia by
36means of secured perimeter fences, or the use of locked exterior
37doors. Each waiver request shall include a facility plan of operation
38that addresses elements of care to be identified by the department
39in regulations and demonstrates the facility’s ability to meet the
40safety needs of persons with dementia.

P72   1(4) The department shall adopt regulations that ensure that staff
2for secured perimeter facilities receive appropriate and adequate
3training in the care of residents with dementia.

4(5) Nothing in this section is intended to prohibit residential
5care facilities for the elderly from accepting or retaining persons
6with dementia whose needs can be fully met using care options
7permitted by existing law and regulations.

8(6) It is not the intent of the Legislature to authorize an increase
9in the level of care provided in a residential care facility for the
10elderly or to establish a supplemental rate structure based on the
11services provided in the facility.

12(7) All admissions to residential care facilities for the elderly
13shall continue to be voluntary on the part of the resident or with
14the lawful consent of the resident’s legal conservator.

15(c) The department shall adopt regulations to implement
16subdivision (b) in accordance with those provisions of the
17Administrative Procedure Act contained in Chapter 3.5
18(commencing with Section 11340) of Part 1 of Division 3 of Title
192 of the Government Code. The initial adoption of any emergency
20regulations following the effective date of the act amending this
21section during the 1995-96 Regular Legislative Session shall be
22deemed to be an emergency and necessary for the immediate
23preservation of the public peace, health and safety, or general
24welfare. Emergency regulations adopted pursuant to this
25subdivision shall remain in effect for no more than 180 days.

26(d) In addition to the security options authorized by subdivision
27(b), residential care facilities for the elderly that accept or retain
28as residents persons with dementia, and that choose to utilize the
29security options of egress-control devices of the time-delay type
30in addition to secured perimeter fences or locked exit doors, shall
31comply with Section 1569.699, or regulations adopted by the State
32Building Standards Commission, whichever is operative.

33(e) A residential care facility for the elderly shall not utilize
34special egress-control devices of the time-delay type, secured
35perimeter fences, or locked exit doors unless the facility meets the
36requirements of Section 1569.699 or the Building Standards
37Commission adopts building standards to implement this section.

38(f) Any person who is not a conservatee and is entering a locked
39or secured perimeter facility pursuant to this section, shall sign a
P73   1statement of voluntary entry. The facility shall retain the original
2statement and shall send a copy of the statement to the department.

3

begin deleteSEC. 29.end delete
4begin insertSEC. 27.end insert  

Section 11163.3 of the Penal Code is amended to
5read:

6

11163.3.  

(a) A county may establish an interagency domestic
7violence death review team to assist local agencies in identifying
8and reviewing domestic violence deaths, including homicides and
9suicides, and facilitating communication among the various
10agencies involved in domestic violence cases. Interagency domestic
11violence death review teams have been used successfully to ensure
12that incidents of domestic violence and abuse are recognized and
13that agency involvement is reviewed to develop recommendations
14for policies and protocols for community prevention and
15intervention initiatives to reduce and eradicate the incidence of
16domestic violence.

17(b) For purposes of this section, “abuse” has the meaning set
18forth in Section 6203 of the Family Code and “domestic violence”
19has the meaning set forth in Section 6211 of the Family Code.

20(c) A county may develop a protocol that may be used as a
21guideline to assist coroners and other persons who perform
22autopsies on domestic violence victims in the identification of
23domestic violence, in the determination of whether domestic
24violence contributed to death or whether domestic violence had
25occurred prior to death, but was not the actual cause of death, and
26in the proper written reporting procedures for domestic violence,
27including the designation of the cause and mode of death.

28(d) County domestic violence death review teams shall be
29comprised of, but not limited to, the following:

30(1) Experts in the field of forensic pathology.

31(2) Medical personnel with expertise in domestic violence abuse.

32(3) Coroners and medical examiners.

33(4) Criminologists.

34(5) District attorneys and city attorneys.

35(6) Domestic violence shelter service staff and battered women’s
36advocates.

37(7) Law enforcement personnel.

38(8) Representatives of local agencies that are involved with
39domestic violence abuse reporting.

P74   1(9) County health department staff who deal with domestic
2violence victims’ health issues.

3(10) Representatives of local child abuse agencies.

4(11) Local professional associations of persons described in
5paragraphs (1) to (10), inclusive.

6(e) An oral or written communication or a document shared
7within or produced by a domestic violence death review team
8related to a domestic violence death review is confidential and not
9subject to disclosure or discoverable by a third party. An oral or
10written communication or a document provided by a third party
11to a domestic violence death review team, or between a third party
12and a domestic violence death review team, is confidential and not
13subject to disclosure or discoverable by a third party.
14Notwithstanding the foregoing, recommendations of a domestic
15violence death review team upon the completion of a review may
16be disclosed at the discretion of a majority of the members of the
17domestic violence death review team.

18(f) Each organization represented on a domestic violence death
19review team may share with other members of the team information
20in its possession concerning the victim who is the subject of the
21review or any person who was in contact with the victim and any
22other information deemed by the organization to be pertinent to
23the review. Any information shared by an organization with other
24members of a team is confidential. This provision shall permit the
25disclosure to members of the team of any information deemed
26confidential, privileged, or prohibited from disclosure by any other
27statute.

28(g) Written and oral information may be disclosed to a domestic
29violence death review team established pursuant to this section.
30The team may make a request in writing for the information sought
31and any person with information of the kind described in paragraph
32(2) may rely on the request in determining whether information
33may be disclosed to the team.

34(1) An individual or agency that has information governed by
35this subdivision shall not be required to disclose information. The
36intent of this subdivision is to allow the voluntary disclosure of
37information by the individual or agency that has the information.

38(2) The following information may be disclosed pursuant to this
39 subdivision:

P75   1(A) Notwithstanding Section 56.10 of the Civil Code, medical
2information.

3(B) Notwithstanding Section 5328 of the Welfare and
4Institutions Code, mental health information.

5(C) Notwithstanding Section 15633.5 of the Welfare and
6Institutions Code, information from elder abuse reports and
7investigations, except the identity of persons who have made
8 reports, which shall not be disclosed.

9(D) Notwithstanding Section 11167.5 of the Penal Code,
10information from child abuse reports and investigations, except
11the identity of persons who have made reports, which shall not be
12disclosed.

13(E) State summary criminal history information, criminal
14offender record information, and local summary criminal history
15information, as defined in Sections 11075, 11105, and 13300 of
16the Penal Code.

17(F) Notwithstanding Section 11163.2 of the Penal Code,
18information pertaining to reports by health practitioners of persons
19suffering from physical injuries inflicted by means of a firearm or
20of persons suffering physical injury where the injury is a result of
21assaultive or abusive conduct, and information relating to whether
22a physician referred the person to local domestic violence services
23as recommended by Section 11161 of the Penal Code.

24(G) Notwithstanding Section 827 of the Welfare and Institutions
25Code, information in any juvenile court proceeding.

26(H) Information maintained by the Family Court, including
27information relating to the Family Conciliation Court Law pursuant
28to Section 1818 of the Family Code, and Mediation of Custody
29and Visitation Issues pursuant to Section 3177 of the Family Code.

30(I) Information provided to probation officers in the course of
31the performance of their duties, including, but not limited to, the
32duty to prepare reports pursuant to Section 1203.10 of the Penal
33 Code, as well as the information on which these reports are based.

34(J) Notwithstanding Section 10850 of the Welfare and
35Institutions Code, records of in-home supportive services, unless
36disclosure is prohibited by federal law.

37(3) The disclosure of written and oral information authorized
38under this subdivision shall apply notwithstanding Sections 2263,
392918, 4982, and 6068 of the Business and Professions Code, or
40the lawyer-client privilege protected by Article 3 (commencing
P76   1with Section 950) of Chapter 4 of Division 8 of the Evidence Code,
2the physician-patient privilege protected by Article 6 (commencing
3with Section 990) of Chapter 4 of Division 8 of the Evidence Code,
4the psychotherapist-patient privilege protected by Article 7
5(commencing with Section 1010) of Chapter 4 of Division 8 of
6the Evidence Code, the sexual assault counselor-victim privilege
7protected by Article 8.5 (commencing with Section 1035) of
8Chapter 4 of Division 8 of the Evidence Code, the domestic
9violence counselor-victim privilege protected by Article 8.7
10(commencing with Section 1037) of Chapter 4 of Division 8 of
11the Evidence Code, and the human trafficking caseworker-victim
12privilege protected by Article 8.8 (commencing with Section 1038)
13of Chapter 4 of Division 8 of the Evidence Code.

14

begin deleteSEC. 30.end delete
15begin insertSEC. 28.end insert  

Section 1811 of the Probate Code is amended to read:

16

1811.  

(a) Subject to Sections 1813 and 1813.1, the spouse,
17domestic partner, or an adult child, parent, brother, or sister of the
18proposed conservatee may nominate a conservator in the petition
19or at the hearing on the petition.

20(b) Subject to Sections 1813 and 1813.1, the spouse, domestic
21partner, or a parent of the proposed conservatee may nominate a
22conservator in a writing signed either before or after the petition
23is filed and that nomination remains effective notwithstanding the
24subsequent legal incapacity or death of the spouse, domestic
25partner, or parent.

26

begin deleteSEC. 31.end delete
27begin insertSEC. 29.end insert  

Section 1812 of the Probate Code is amended to read:

28

1812.  

(a) Subject to Sections 1810, 1813, and 1813.1, the
29selection of a conservator of the person or estate, or both, is solely
30in the discretion of the court and, in making the selection, the court
31is to be guided by what appears to be for the best interests of the
32proposed conservatee.

33(b) Subject to Sections 1810, 1813, and 1813.1, of persons
34equally qualified in the opinion of the court to appointment as
35conservator of the person or estate or both, preference is to be
36given in the following order:

37(1) The spouse or domestic partner of the proposed conservatee
38or the person nominated by the spouse or domestic partner pursuant
39to Section 1811.

P77   1(2) An adult child of the proposed conservatee or the person
2nominated by the child pursuant to Section 1811.

3(3) A parent of the proposed conservatee or the person
4nominated by the parent pursuant to Section 1811.

5(4) A brother or sister of the proposed conservatee or the person
6nominated by the brother or sister pursuant to Section 1811.

7(5) Any other person or entity eligible for appointment as a
8conservator under this code or, if there is no person or entity willing
9to act as a conservator, under the Welfare and Institutions Code.

10(c) The preference for any nominee for appointment under
11paragraphs (2), (3), and (4) of subdivision (b) is subordinate to the
12preference for any other parent, child, brother, or sister in that
13class.

14

begin deleteSEC. 32.end delete
15begin insertSEC. 30.end insert  

Section 1813 of the Probate Code is amended to read:

16

1813.  

(a) (1) The spouse of a proposed conservatee may not
17petition for the appointment of a conservator for a spouse or be
18appointed as conservator of the person or estate of the proposed
19conservatee unless the petitioner alleges in the petition for
20appointment as conservator, and the court finds, that the spouse is
21not a party to any action or proceeding against the proposed
22conservatee for legal separation of the parties, dissolution of
23marriage, or adjudication of nullity of their marriage. However, if
24the court finds by clear and convincing evidence that the
25appointment of the spouse, who is a party to an action or
26proceeding against the proposed conservatee for legal separation
27of the parties, dissolution of marriage, or adjudication of nullity
28of their marriage, or has obtained a judgment in any of these
29proceedings, is in the best interests of the proposed conservatee,
30the court may appoint the spouse.

31(2) Prior to making this appointment, the court shall appoint
32counsel to consult with and advise the conservatee, and to report
33to the court his or her findings concerning the suitability of
34appointing the spouse as conservator.

35(b) The spouse of a conservatee shall disclose to the conservator,
36or if the spouse is the conservator, shall disclose to the court, the
37filing of any action or proceeding against the conservatee for legal
38separation of the parties, dissolution of marriage, or adjudication
39of nullity of the marriage, within 10 days of the filing of the action
40 or proceeding by filing a notice with the court and serving the
P78   1notice according to the notice procedures under this title. The court
2may, upon receipt of the notice, set the matter for hearing on an
3order to show cause why the appointment of the spouse as
4conservator, if the spouse is the conservator, should not be
5terminated and a new conservator appointed by the court.

6

begin deleteSEC. 33.end delete
7begin insertSEC. 31.end insert  

Section 2356.5 of the Probate Code is amended to
8read:

9

2356.5.  

(a) The Legislature hereby finds and declares:

10(1) That people with dementia, as defined in the last published
11edition of the “Diagnostic and Statistical Manual of Mental
12Disorders,” should have a conservatorship to serve their unique
13and special needs.

14(2) That, by adding powers to the probate conservatorship for
15people with dementia, their unique and special needs can be met.
16This will reduce costs to the conservatee and the family of the
17conservatee, reduce costly administration by state and county
18government, and safeguard the basic dignity and rights of the
19conservatee.

20(3) That it is the intent of the Legislature to recognize that the
21administration of psychotropic medications has been, and can be,
22abused by caregivers and, therefore, granting powers to a
23conservator to authorize these medications for the treatment of
24dementia requires the protections specified in this section.

25(b) Notwithstanding any other law, a conservator may authorize
26the placement of a conservatee in a secured perimeter residential
27care facility for the elderly operated pursuant to Section 1569.698
28of the Health and Safety Code, and which has a care plan that
29meets the requirements of Section 87705 of Title 22 of the
30California Code of Regulations, upon a court’s finding, by clear
31and convincing evidence, of all of the following:

32(1) The conservatee has dementia, as defined in the last
33published edition of the “Diagnostic and Statistical Manual of
34Mental Disorders.”

35(2) The conservatee lacks the capacity to give informed consent
36to this placement and has at least one mental function deficit
37pursuant to subdivision (a) of Section 811, and this deficit
38significantly impairs the person’s ability to understand and
39appreciate the consequences of his or her actions pursuant to
40subdivision (b) of Section 811.

P79   1(3) The conservatee needs or would benefit from a restricted
2and secure environment, as demonstrated by evidence presented
3by the physician or psychologist referred to in paragraph (3) of
4subdivision (f).

5(4) The court finds that the proposed placement in a locked
6facility is the least restrictive placement appropriate to the needs
7of the conservatee.

8(c) Notwithstanding any other law, a conservator of a person
9may authorize the administration of medications appropriate for
10the care and treatment of dementia, upon a court’s finding, by clear
11and convincing evidence, of all of the following:

12(1) The conservatee has dementia, as defined in the last
13published edition of the “Diagnostic and Statistical Manual of
14Mental Disorders.”

15(2) The conservatee lacks the capacity to give informed consent
16to the administration of medications appropriate to the care of
17dementia, and has at least one mental function deficit pursuant to
18subdivision (a) of Section 811, and this deficit or deficits
19significantly impairs the person’s ability to understand and
20appreciate the consequences of his or her actions pursuant to
21subdivision (b) of Section 811.

22(3) The conservatee needs or would benefit from appropriate
23medication as demonstrated by evidence presented by the physician
24or psychologist referred to in paragraph (3) of subdivision (f).

25(d) Pursuant to subdivision (b) of Section 2355, in the case of
26a person who is an adherent of a religion whose tenets and practices
27call for a reliance on prayer alone for healing, the treatment
28required by the conservator under subdivision (c) shall be by an
29accredited practitioner of that religion in lieu of the administration
30of medications.

31(e) A conservatee who is to be placed in a facility pursuant to
32this section shall not be placed in a mental health rehabilitation
33center as described in Section 5675 of the Welfare and Institutions
34Code, or in an institution for mental disease as described in Section
355900 of the Welfare and Institutions Code.

36(f) A petition for authority to act under this section shall be
37governed by Section 2357, except:

38(1) The conservatee shall be represented by an attorney pursuant
39to Chapter 4 (commencing with Section 1470) of Part 1.

P80   1(2) The conservatee shall be produced at the hearing, unless
2excused pursuant to Section 1893.

3(3) The petition shall be supported by a declaration of a licensed
4physician, or a licensed psychologist within the scope of his or her
5licensure, regarding each of the findings required to be made under
6this section for any power requested, except that the psychologist
7has at least two years of experience in diagnosing dementia.

8(4) The petition may be filed by any of the persons designated
9in Section 1891.

10(g) The court investigator shall annually investigate and report
11to the court every two years pursuant to Sections 1850 and 1851
12if the conservator is authorized to act under this section. In addition
13to the other matters provided in Section 1851, the conservatee shall
14be specifically advised by the investigator that the conservatee has
15the right to object to the conservator’s powers granted under this
16section, and the report shall also include whether powers granted
17under this section are warranted. If the conservatee objects to the
18conservator’s powers granted under this section, or the investigator
19determines that some change in the powers granted under this
20section is warranted, the court shall provide a copy of the report
21to the attorney of record for the conservatee. If no attorney has
22been appointed for the conservatee, one shall be appointed pursuant
23to Chapter 4 (commencing with Section 1470) of Part 1. The
24attorney shall, within 30 days after receiving this report, do one
25of the following:

26(1) File a petition with the court regarding the status of the
27conservatee.

28(2) File a written report with the court stating that the attorney
29has met with the conservatee and determined that the petition
30would be inappropriate.

31(h) A petition to terminate authority granted under this section
32shall be governed by Section 2359.

33(i) Nothing in this section shall be construed to affect a
34conservatorship of the estate of a person who has dementia.

35(j) Nothing in this section shall affect the laws that would
36otherwise apply in emergency situations.

37(k) Nothing in this section shall affect current law regarding the
38power of a probate court to fix the residence of a conservatee or
39to authorize medical treatment for any conservatee who has not
40been determined to have dementia.

P81   1

begin deleteSEC. 34.end delete
2begin insertSEC. 32.end insert  

Section 6401 of the Probate Code is amended to read:

3

6401.  

(a) As to community property, the intestate share of the
4surviving spouse is the one-half of the community property that
5belongs to the decedent under Section 100.

6(b) As to quasi-community property, the intestate share of the
7surviving spouse is the one-half of the quasi-community property
8that belongs to the decedent under Section 101.

9(c) As to separate property, the intestate share of the surviving
10spouse is as follows:

11(1) The entire intestate estate if the decedent did not leave any
12surviving issue, parent, brother, sister, or issue of a deceased
13brother or sister.

14(2) One-half of the intestate estate in the following cases:

15(A) Where the decedent leaves only one child or the issue of
16one deceased child.

17(B) Where the decedent leaves no issue, but leaves a parent or
18parents or their issue or the issue of either of them.

19(3) One-third of the intestate estate in the following cases:

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

21(B) Where the decedent leaves one child and the issue of one
22or more deceased children.

23(C) Where the decedent leaves issue of two or more deceased
24children.

25

begin deleteSEC. 35.end delete
26begin insertSEC. 33.end insert  

Section 21189.2 of the Public Resources Code is
27amended to read:

28

21189.2.  

The Judicial Council shall report to the Legislature
29on or before January 1, 2017, on the effects of this chapter on the
30administration of justice.

31

begin deleteSEC. 36.end delete
32begin insertSEC. 34.end insert  

Chapter 4.2 (commencing with Section 10830) of
33Part 2 of Division 9 of the Welfare and Institutions Code is
34repealed.

35

begin deleteSEC. 37.end delete
36begin insertSEC. 35.end insert  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38a local agency or school district has the authority to levy service
39charges, fees, or assessments sufficient to pay for the program or
P82   1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.



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