Amended in Senate July 2, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 731


Introduced by Assembly Member Gallagher

February 25, 2015


An act to amend Sections 4115, 4120, 4201, 7590.2, 8538, 12518, 19556, 19599, 19605.7, 25350, 25503.6, and 25608 of, to amend and renumber Sections 1626.5, 7588.2, and 17550.42 of, to repeal Sections 125.3, 1917.2, 4945, 5082.5, 5095, 7000.6, 17530.6, and 18897.8 of, and to repeal the heading of Article 3.5 (commencing with Section 316) of Chapter 4 of Division 1 of, the Business and Professions Code, to amend Sectionsbegin insert 51,end insert 56.36, 3486, 5910, and 5915 of, to repeal Sections 1936.5, 2923.55, 2924.19, 2924.20, and 2934a of, and to repeal Title 17 (commencing with Section 3272) of Part 4 of Division 3 of, the Civil Code, to amendbegin delete Sectionend deletebegin insert Sectionsend insert 398, 629, 1277, and 2030.010 of, to repeal Section 116.222 of, to repeal the heading of Article 5 (commencing with Section 142) of Chapter 6 of Title 1 of Part 1 of, and to repeal the heading of Chapter 1 (commencing with Section 156) of Title 2 of Part 1 of, the Code of Civil Procedure, to amend Section 9321.1 of, and to amend the heading of Part 6 (commencing with Section 3601) of Division 3 of, the Commercial Code, to amend Sections 5047, 25620, 31116, 31121, and 31158 of, and to amend and renumber Section 12637 of, the Corporations Code, to amend Sections 1313, 2575, 2577, 8261, 8273.1, 8363.1, 8450, 8483.55, 8490.1, 9004, 17199.4, 17592.74, 32282, 35035, 35735.1, 41020, 42127, 42238.15, 42800, 44252, 44277, 44932, 44939, 44940, 44944, 44944.05, 44944.3, 46116, 47605, 47605.1, 47605.6, 47614.5, 47651, 48003, 48297, 48321, 48900.9, 49452.9, 51747.3, 52064.5, 52852, 66281.7, 67386, 69437, 70022, 70037, 76030, 78261.5, 82542, 87782, 87784.5, 88207.5, 89005, 89295, 89500.7, 89770, 92611.7, 92675, 94143, 94145.5, and 94880 of, to amend and renumber Sections 38047.5, 38047.6, 39672, 41207.3, and 66261.5 of, to amend and renumber the heading of Article 7 (commencing with Section 66080) of Chapter 2 of Part 40 of Division 5 of Title 3 of, to amend and renumber the heading of Chapter 11 (commencing with Section 19900) of Part 11 of Division 1 of Title 1 of, to repeal Sections 8350.5 and 41851.1 of, to repeal the heading of Article 2 (commencing with Section 12210) of Chapter 2 of Part 8 of Division 1 of Title 1 of, to repeal the heading of Article 1 (commencing with Section 32200) of Chapter 2 of Part 19 of Division 1 of Title 1 of, to repeal the heading of Article 7 (commencing with Section 33390) of Chapter 3 of Part 20 of Division 2 of Title 2 of, to repeal the headings of Article 3 (commencing with Section 46330) and Article 4 (commencing with Section 46340) of Chapter 3 of Part 26 of Division 4 of Title 2 of, to repeal the heading of Article 2 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2 of, to repeal the heading of Article 8 (commencing with Section 54750) of Chapter 9 of Part 29 of Division 4 of Title 2 of, to repeal the heading of Article 7 (commencing with Section 68090) of Chapter 1 of Part 41 of Division 5 of Title 3 of, to repeal the heading of Article 3 (commencing with Section 72632) of Chapter 6 of Part 45 of Division 7 of Title 3 of, to repeal the heading of Article 8 (commencing with Section 78310) of Chapter 2 of Part 48 of Division 7 of Title 3 of, to repeal the heading of Article 3 (commencing with Section 78440) of Chapter 3 of Part 48 of Division 7 of Title 3 of, to repeal the heading of Article 4 (commencing with Section 82360) of Chapter 7 of Part 49 of Division 7 of Title 3 of, to repeal the heading of Article 1 (commencing with Section 84300) of Chapter 3 of Part 50 of Division 7 of Title 3 of, to repeal the heading of Article 2 (commencing with Section 85210) of Chapter 8 of Part 50 of Division 7 of Title 3 of, to repeal the heading of Chapter 3 (commencing with Section 37400) of Part 22 of Division 3 of Title 2 of, to repeal the heading of Chapter 14 (commencing with Section 52980) of Part 28 of Division 4 of Title 2 of, to repeal the heading of Chapter 8.5 (commencing with Section 56867) of Part 30 of Division 4 of Title 2 of, to repeal the heading of Chapter 4 (commencing with Section 78600) of Part 48 of Division 7 of Title 3 of, to repeal Chapter 17 (commencing with Section 11600) of Part 7 of Division 1 of Title 1 of, and to repeal and amend Section 32289 of, the Education Code, to amend Sectionsbegin delete 2150, 2157, and 8040end deletebegin insert 2150 and 2157end insert of the Elections Code, to amend Sections 6203, 6301,begin delete 7613.5,end delete 8712, 8811, and 8908 of, to amend and renumber Section 3201 of, to repeal Sections 3690 and 4051 of, and to repeal the heading of Article 3 (commencing with Section 3780) of Chapter 7 of Part 1 of Division 9 of, the Family Code, to amend Sections 12201, 17201, 22066, 22101, 23005, and 32208 of, to amend and renumber Section 23015 of, to repeal Section 24058 of, to repeal the headings of Article 1 (commencing with Section 32700) and Article 2 (commencing with Section 32710) of Chapter 6 of Division 15.5 of, and to repeal the heading of Chapter 8 (commencing with Section 50601) of Division 20 of, the Financial Code, to amend Sections 1652, 1653, 1654, 1745.2, and 12002 of the Fish and Game Code, to amend Sections 6045, 6047.9, 12996, 12999.5, 13186.5, 19227, and 78579 of, to amend and renumber the heading of Article 5 (commencing with Section 491) of Chapter 3 of Part 1 of Division 1 of, and to repeal Sections 55462 and 77103 of, the Food and Agricultural Code, to amend Sections 6254, 6276.22, 6700, 8753.6, 11146.2, 13956, 15155, 15814.22, 16183, 17581.6, 18720.45,begin insert 27491,end insert 53398.52, 53398.75, 56378, 65352.5, 65583.2, 65995.7, 75070, 75521, 82015, and 95014 of, to amend and renumber Sections 13994, 13994.1, 13994.2, 13994.3, 13994.4, 13994.5, 13994.6, 13994.7, 13994.8, 13994.9, 13994.10, 13994.11, 13994.12, 14670.2, 22960.51, 31685.96, 53216.8, and 65080.1 of, to amend and renumber the heading of Chapter 14 (commencing with Section 5970) of Division 6 of Title 1, to amend and renumberbegin insert the heading ofend insert Article 6 (commencing with Section 12099) of Chapter 1.6 of Part 2 of Division 3 of Title 2, to amend and renumberbegin insert the heading ofend insert Article 18 (commencing with Section 14717) of Chapter 2 of Part 5.5 of Division 3 of Title 2 of, to repeal Sections 4420.5, 12804, 13312, 14254.5, 14829.2, 19995.5, and 43009 of, to repeal the heading of Article 8.5 (commencing with Section 8601) of Chapter 7 of Division 1 of Title 2 of, to repeal the heading of Article 8 (commencing with Section 11351) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of, to repeal the heading of Article 1 (commencing with Section 11370) of Chapter 4 of Part 1 of Division 3 of Title 2 of, to repeal the heading of Article 7 (commencing with Section 13968) of Chapter 5 of Part 4 of Division 3 of Title 2 of, to repeal the heading of Article 2 (commencing with Section 72054) of Chapter 8 of Title 8 of, to repeal the heading of Article 4 (commencing with Section 72150) of Chapter 8 of Title 8 of, to repeal the heading of Chapter 3 (commencing with Section 980) of Part 5 of Division 3.6 of Title 1 of, to repeal the heading of Chapter 4 (commencing with Section 14730) of Part 5.5 of Division 3 of Title 2 of, to repeal the heading of Chapter 5.5 (commencing with Section 19994.20) of Part 2.6 of Division 5 of Title 2 of, to repeal the heading of Chapter 10 (commencing with Section 95030) of Title 14 of, and to repeal Article 12 (commencing with Section 16429.30) of Chapter 2 of Partbegin delete 1end deletebegin insert 2end insert of Division 4 of Title 2 of, the Government Code,begin insert toend insert amend Sections 678.3, 1159.2, and 6087 of, and to repeal Section 1159.1 of, the Harbors and Navigation Code, to amend Sections 442.5,begin insert 1255,end insert 1347.5, 1357.504, 1358.18, 1367.004, 1367.035, 1367.25, 1368.05, 1389.4, 1389.5, 1389.7, 1399.836, 1399.855, 1502, 1522, 1534, 1546.1, 1546.2, 1562, 1567.62, 1567.69, 1568.07, 1569.335, 1569.481, 1569.482, 1569.525, 1569.682, 1597.58, 1635.1, 1796.17, 1796.23, 1796.25, 1796.26, 1796.29, 1796.34, 1796.37, 1796.38, 1796.41, 1796.44, 1796.45, 4730.65,begin insert 7158.3,end insert 16500, 25163.3, 25262, 25507.2, 33492.78, 34177, 39945, 42301.16, 50561, 51505, 101661, 101850, 101853, 101853.1, 101855, 101855.1, 102430,begin insert 102825,end insert 111825, 115880, 119316,begin insert 120262,end insert 120393, 121025, 123223, 124995, 125125, 125130, 125160, 125175, 125190, 125191, 130060, and 136000 of, to amend the heading of Chapter 2 (commencing with Section 104145) of Part 1 of Division 103 of, to amend the heading of Part 8 (commencing with Section 125700) of Division 106 of, to amend and renumber Sections 1339.9, 1531.2, 1568.0823, 4766.5, 13143.5, 25997, 25997.1, and 120155 of, to amend and renumber the heading of Chapter 3 (commencing with Section 16500) of Division 12.5 of, to amend and renumber the heading of Article 5.5 (commencing with Sectionbegin delete 25159)end deletebegin insert 25159.10)end insertof Chapter 6.5 of Division 20 of, to amend and renumber the heading of Article 4 (commencing with Section 128454) of Chapter 5 of Part 3 of Division 107 of, to repeal Sections 1317.5, 1367.20, 1371.36, 1371.37, 1371.38, 1371.39, 8650.5, 44246, 44525.5, 44525.7, and 116283 of, to repeal the heading of Article 2.6 (commencing with Section 1528) of Chapter 3 of Division 2 of, to repeal the heading of Article 3 (commencing with Section 11140) of Chapter 3 of Division 10 of, to repeal the heading of Article 2 (commencing with Section 11760.5) of Chapter 1 of Part 2 of Division 10.5 of, to repeal the heading of Article 6 (commencing with Section 11780) of Chapter 2 of Part 2 of Division 10.5 of, to repeal the heading of Article 8 (commencing with Section 25299.80) of Chapter 6.75 of Division 20 of, to repeal the heading of Article 12 (commencing with Section 25299.97) of Chapter 6.75 of Division 20 of, to repeal the heading of Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of, to repeal the heading of Chapter 3 (commencing with Section 101000) of Part 2 of Division 101 of, to repeal the heading of Chapter 4 (commencing with Sectionbegin delete 101500)end deletebegin insert 101325)end insert of Part 3 of Division 101 of, to repeal Division 10.10 (commencing with Section 11999.30) of, to repeal Chapter 6 (commencing with Section 101860) of Part 4 of Division 101 of, to repeal Chapter 4 (commencing with Section 128200) of Part 3 of Division 107 of, and to repeal and amend Sections 25299.97 and 116612 of, the Health and Safety Code, to amend Sections 926.1, 926.2, 1215.8, 10112.26, 10112.35, 10123.196, 10192.18, 10753.06.5, and 12880.4 of, to amend and renumber Section 10123.21 of, and to repeal the heading of Chapter 17 (commencing with Section 12693.99) of Part 6.2 of Division 2 of, the Insurance Code, to amend Sections 1019, 1311.5, 1741.1, 5406, 6319, 6404.5, 6625, and 7873 of the Labor Code, to amend Sections 19.8, 132.5, 264.2, 295.2, 308, 602, 626.9, 814, 830.14, 1191.15, 2905, 3016, 3043, 3063.1, 3440,begin insert 3502,end insert 4501, 4852.08, 4852.11, 4852.12, 4852.14, 4852.18, 13510.5, 18115, 18150, 18155, 18175, 27210, and 30625 of, to amend and renumber Sections 300.2 and 13980 of, to amend and renumber the heading of Chapter 5a (commencing with Section 852) of Title 3 of Part 2 of, to repeal Section 11105.5 of, and to repeal the heading of Title 6.7 (commencing with Section 13990) of Part 4 of, the Penal Code, to repeal the heading of Part 14 (commencing with Section 900) of Division 2 of, and to repeal the heading of Article 1 (commencing with Section 7200) of Chapter 3 of Part 1 of Division 7 of, the Probate Code, to amendbegin delete Sectionend deletebegin insert Sections 6100, 6101, andend insert 20427 of, and to repeal Section 10299 of, the Public Contract Code, to amend Sections 541.5, 4598.1, 4598.6, 4598.7, 5080.16, 14591.2, 21082.3, 30103, 42356, 42649.82, 42987, 42987.1, 42989.1, 44107, and 75220 of, to amend and renumber Sections 5096.955 and 21080.35 of, to repeal Section 6217.2 of, to repeal the heading of Chapter 6 (commencing with Section 12292) of Division 10.5 of, and to repeal Chapter 1 (commencing with Section 32600) of Division 22.8 of, the Public Resources Code, to amend Sections 765, 960, and 120260 of, to amend and renumber Section 5384.2 of, to repeal Sections 957, 125450, and 125500 of, and to repeal the heading of Article 5 (commencing with Section 125300) of Chapter 4 of Division 11.5 of, the Public Utilities Code, to amend Sections 441, 17053.34, 17053.46, 17053.73, 17053.74, 17058, 17207.7, 17207.8, 17276.21, 18805, 18807, 18808, 19183, 19191, 19255, 23151, 23610.5, 23622.7, 23626, 23634, 23732, 24347.6, 24347.10, and 24416.21 of, to amend and renumber Sections 17141, 17276.20, 24355.4, 24416.20, 32432, 40069, 45752, and 55262 of, to amend and renumber the heading of Part 5.5 (commencing with Section 11151) of Division 2 of, to repeal Sections 54, 196.91, 196.92, 6051.7, 17132.6, 17155, 17507.6, 17565, 18407, 24661.3, 24685.5, and 24989 of, to repeal the heading of Article 1.5 (commencing with Section 7063) of Chapter 8 of Part 1 of Division 2 of, to repeal the heading of Article 3 (commencing with Section 23571) of Chapter 3 of Part 11 of Division 2 of, to repeal the heading of Chapter 10.5 (commencing with Section 17940) of Part 10 of Division 2 of, and to repeal Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of, and to repeal Chapter 9.5 (commencing with Section 19778) of Part 10.2 of Division 2 of, the Revenue and Taxation Code, to amend Section 2192 of, to amend and renumber Section 5132.1 of, to repeal the heading of Article 6.5 (commencing with Section 217) of Chapter 1 of Division 1 of, and to repeal the heading of Division 6 (commencing with Section 4000) of, the Streets and Highways Code, to amend Sections 125.4, 135, 605, 634.5, 710.6, 802, 803, 804, 1086, 1119, 1128.1, 1141.1, 1145, 1253.92, 1326.5, 1735.1, 3655, and 14013 of the Unemployment Insurance Code, to amend Sections 2480, 5156.7, 12801, 12801.9, 15210, 34500, 35401.7, and 40303.5 of, to repeal and amend Sections 612 and 2501 of, to repeal Sections 241, 241.1, 1803.5, 1808.7, and 42002.1 of, to repeal the heading of Article 1.7 (commencing with Section 23145) of Chapter 12 of Division 11 of, and to repeal Chapter 5 (commencing with Section 10900) of Division 4 of, the Vehicle Code, to amend Sections 9650, 10725.8, 10735.2, 20560.2, 37921, 37954, and 73502 of, to amend and renumber Sections 12938.2 and 21065 of, to repeal Sections 8612, 8613, 12585.12, 13272.1, and 21562.5 of, to repeal the heading of Article 5 (commencing with Section 36459) of Chapter 6 of Part 6 of Division 13 of, to repeal the heading of Article 1 (commencing with Section 42500) of Chapter 3 of Part 5 of Division 14 of, and to repeal Article 2 (commencing with Section 8580) of Chapter 2 of Part 4 of Division 5 of, to repeal Part 8 (commencing with Section 9650) of Division 5 of, the Water Code, to amend Sections 213.5, 258, 300, 319, 361.2, 391, 1767, 1984, 4142, 4144, 4512, 4520, 4520.5, 4521, 4540, 4541, 4648,begin insert 4903, 5328.15,end insert 5840.2, 5892.5, 10104, 11253.5, 11325.24, 11363, 11403, 11460, 11461.3, 11477, 12300.4, 12300.41, 12301.1, 14005.271, 14011.10, 14021.6, 14022, 14029.91, 14105.18, 14124.24, 14132.277, 14148.67, 14154, 14165.50, 14166.22, 15151,begin insert 15655,end insert 15862, 15885.5, 15894.5, 16120, 16500.5, 16524.7, 16524.8, 16524.9, 17603, 18901.2, and 18901.11 of, to amend the heading of Article 8 (commencing with Section 5869) of Chapter 1 of Part 4 of Division 5 of, to amend and renumber Sections 9757.5, 14005.75, 14011.2, 14132.99, 14148.9, 16513, and 16517 of, to amend and renumber the heading of Chapter 6 (commencing with Section 17500) of Part 5 of Division 9 of, to amend and renumber the heading of Chapter 4.5 (commencing with Section 18260) of Part 6 of Division 9 of, to add the heading of Article 1 (commencing with Section 6331) to Chapter 2 of Part 2 of Division 6 of, to add the heading of Article 5.22 (commencing with Section 14167.35) to Chapter 7 of Part 3 of Division 9 of, to repeal Sections 14103, 14105.336, 14105.337, and 14132.90 of, to repeal the heading of Article 2.93 (commencing with Section 14091.3) of Chapter 7 of Part 3 of Division 9 of, to repeal the heading of Chapter 7 (commencing with Section 16997.1) of Part 4.7 of Division 9 of, and to repeal and amend Section 12104 of, the Welfare and Institutions Code, to amend Section 25 of Chapter 279 of the Statutes of 2005, to amend Section 1 of Chapter 15 of the Statutes of 2014, and to amend Section 1 of Chapter 243 of the Statutes of 2014, relating to the maintenance of the codes.

LEGISLATIVE COUNSEL’S DIGEST

AB 731, as amended, Gallagher. Maintenance of the codes.

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

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

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

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

P7    1

SECTION 1.  

Section 125.3 of the Business and Professions
2Code
, as added by Section 1 of Chapter 1059 of the Statutes of
31992, is repealed.

4

SEC. 2.  

The heading of Article 3.5 (commencing with Section
5316) of Chapter 4 of Division 1 of the Business and Professions
6Code
is repealed.

7

SEC. 3.  

Section 1626.5 of the Business and Professions Code,
8as added by Section 6 of Chapter 655 of the Statutes of 1999, is
9amended and renumbered to read:

10

1626.1.  

In addition to the exemptions set forth in Section 1626,
11the operations by bona fide students of registered dental assisting,
P8    1registered dental assisting in extended functions, and registered
2dental hygiene in extended functions in the clinical departments
3or the laboratory of an educational program or school approved
4by the board, including operations by unlicensed students while
5engaged in clinical externship programs that have been approved
6by an approved educational program or school, and that are under
7the general programmatic and academic supervision of that
8educational program or school, are exempt from the operation of
9this chapter.

10

SEC. 4.  

Section 1917.2 of the Business and Professions Code
11 is repealed.

12

SEC. 5.  

Section 4115 of the Business and Professions Code is
13amended to read:

14

4115.  

(a) A pharmacy technician may perform packaging,
15manipulative, repetitive, or other nondiscretionary tasks only while
16assisting, and while under the direct supervision and control of, a
17pharmacist. The pharmacist shall be responsible for the duties
18performed under his or her supervision by a technician.

19(b) This section does not authorize the performance of any tasks
20specified in subdivision (a) by a pharmacy technician without a
21pharmacist on duty.

22(c) This section does not authorize a pharmacy technician to
23perform any act requiring the exercise of professional judgment
24by a pharmacist.

25(d) The board shall adopt regulations to specify tasks pursuant
26to subdivision (a) that a pharmacy technician may perform under
27the supervision of a pharmacist. Any pharmacy that employs a
28pharmacy technician shall do so in conformity with the regulations
29adopted by the board.

30(e) A person shall not act as a pharmacy technician without first
31being licensed by the board as a pharmacy technician.

32(f) (1) A pharmacy with only one pharmacist shall have no
33more than one pharmacy technician performing the tasks specified
34in subdivision (a). The ratio of pharmacy technicians performing
35the tasks specified in subdivision (a) to any additional pharmacist
36shall not exceed 2:1, except that this ratio shall not apply to
37personnel performing clerical functions pursuant to Section 4116
38or 4117. This ratio is applicable to all practice settings, except for
39an inpatient of a licensed health facility, a patient of a licensed
40home health agency, as specified in paragraph (2), an inmate of a
P9    1correctional facility of the Department of Corrections and
2Rehabilitation, and for a person receiving treatment in a facility
3operated by the State Department of State Hospitals, the State
4Department of Developmental Services, or the Department of
5Veterans Affairs.

6(2) The board may adopt regulations establishing the ratio of
7pharmacy technicians performing the tasks specified in subdivision
8(a) to pharmacists applicable to the filling of prescriptions of an
9inpatient of a licensed health facility and for a patient of a licensed
10home health agency. Any ratio established by the board pursuant
11to this subdivision shall allow, at a minimum, at least one pharmacy
12technician for a single pharmacist in a pharmacy and two pharmacy
13technicians for each additional pharmacist, except that this ratio
14shall not apply to personnel performing clerical functions pursuant
15to Section 4116 or 4117.

16(3) A pharmacist scheduled to supervise a second pharmacy
17technician may refuse to supervise a second pharmacy technician
18if the pharmacist determines, in the exercise of his or her
19professional judgment, that permitting the second pharmacy
20technician to be on duty would interfere with the effective
21performance of the pharmacist’s responsibilities under this chapter.
22A pharmacist assigned to supervise a second pharmacy technician
23shall notify the pharmacist in charge in writing of his or her
24determination, specifying the circumstances of concern with respect
25to the pharmacy or the pharmacy technician that have led to the
26determination, within a reasonable period, but not to exceed 24
27hours, after the posting of the relevant schedule. An entity
28employing a pharmacist shall not discharge, discipline, or otherwise
29discriminate against any pharmacist in the terms and conditions
30of employment for exercising or attempting to exercise in good
31faith the right established pursuant to this paragraph.

32(g) Notwithstanding subdivisions (a) and (b), the board shall
33by regulation establish conditions to permit the temporary absence
34of a pharmacist for breaks and lunch periods pursuant to Section
35512 of the Labor Code and the orders of the Industrial Welfare
36Commission without closing the pharmacy. During these temporary
37absences, a pharmacy technician may, at the discretion of the
38pharmacist, remain in the pharmacy but may only perform
39nondiscretionary tasks. The pharmacist shall be responsible for a
40pharmacy technician and shall review any task performed by a
P10   1pharmacy technician during the pharmacist’s temporary absence.
2This subdivision shall not be construed to authorize a pharmacist
3to supervise pharmacy technicians in greater ratios than those
4described in subdivision (f).

5(h) The pharmacist on duty shall be directly responsible for the
6conduct of a pharmacy technician supervised by that pharmacist.

7(i) In a health care facility licensed under subdivision (a) of
8Section 1250 of the Health and Safety Code, a pharmacy
9technician’s duties may include any of the following:

10(1) Packaging emergency supplies for use in the health care
11facility and the hospital’s emergency medical system or as
12authorized under Section 4119.

13(2) Sealing emergency containers for use in the health care
14facility.

15(3) Performing monthly checks of the drug supplies stored
16throughout the health care facility. Irregularities shall be reported
17within 24 hours to the pharmacist in charge and the director or
18chief executive officer of the health care facility in accordance
19with the health care facility’s policies and procedures.

20

SEC. 6.  

Section 4120 of the Business and Professions Code is
21amended to read:

22

4120.  

(a) A nonresident pharmacy shall not sell or distribute
23dangerous drugs or dangerous devices in this state through any
24person or media, other than a wholesaler or third-party logistics
25provider who has obtained a license pursuant to this chapter or
26through a selling or distribution outlet that is licensed as a
27wholesaler or third-party logistics provider pursuant to this chapter,
28without registering as a nonresident pharmacy.

29(b) Applications for a nonresident pharmacy registration shall
30be made on a form furnished by the board. The board may require
31any information the board deems reasonably necessary to carry
32out the purposes of this section.

33(c) The Legislature, by enacting this section, does not intend a
34license issued to any nonresident pharmacy pursuant to this section
35to change or affect the tax liability imposed by Chapter 3
36(commencing with Section 23501) of Part 11 of Division 2 of the
37Revenue and Taxation Code on any nonresident pharmacy.

38(d) The Legislature, by enacting this section, does not intend a
39license issued to any nonresident pharmacy pursuant to this section
P11   1to serve as any evidence that the nonresident pharmacy is doing
2business within this state.

3

SEC. 7.  

Section 4201 of the Business and Professions Code is
4amended to read:

5

4201.  

(a) Each application to conduct a pharmacy, wholesaler,
6third-party logistics provider, or veterinary food-animal drug
7retailer shall be made on a form furnished by the board and shall
8state the name, address, usual occupation, and professional
9qualifications, if any, of the applicant. If the applicant is other than
10a natural person, the application shall state the information as to
11each person beneficially interested therein.

12(b) As used in this section, and subject to subdivision (c), the
13term “person beneficially interested” means and includes:

14(1) If the applicant is a partnership or other unincorporated
15association, each partner or member.

16(2) If the applicant is a corporation, each of its officers, directors,
17and stockholders, provided that a natural person shall not be
18deemed to be beneficially interested in a nonprofit corporation.

19(3) If the applicant is a limited liability company, each officer,
20manager, or member.

21(c) If the applicant is a partnership or other unincorporated
22association, a limited liability company, or a corporation, and the
23number of partners, members, or stockholders, as the case may
24be, exceeds five, the application shall so state, and shall further
25state the information required by subdivision (a) as to each of the
26five partners, members, or stockholders who own the five largest
27interests in the applicant entity. Upon request by the executive
28officer, the applicant shall furnish the board with the information
29required by subdivision (a) as to partners, members, or stockholders
30 not named in the application, or shall refer the board to an
31appropriate source of that information.

32(d) The application shall contain a statement to the effect that
33the applicant has not been convicted of a felony and has not
34violated any of the provisions of this chapter. If the applicant
35cannot make this statement, the application shall contain a
36statement of the violation, if any, or reasons which will prevent
37the applicant from being able to comply with the requirements
38with respect to the statement.

39(e) Upon the approval of the application by the board and
40payment of the fee required by this chapter for each pharmacy,
P12   1wholesaler, third-party logistics provider, or veterinary food-animal
2drug retailer, the executive officer of the board shall issue a license
3to conduct a pharmacy, wholesaler, third-party logistics provider,
4or veterinary food-animal drug retailer if all of the provisions of
5this chapter have been complied with.

6(f) Notwithstanding any other law, the pharmacy license shall
7authorize the holder to conduct a pharmacy. The license shall be
8renewed annually and shall not be transferable.

9(g) Notwithstanding any other law, the wholesaler license shall
10authorize the holder to wholesale dangerous drugs and dangerous
11devices. The license shall be renewed annually and shall not be
12transferable.

13(h) Notwithstanding any other law, the third-party logistics
14provider license shall authorize the holder to provide or coordinate
15warehousing, distribution, or other similar services of dangerous
16drugs and dangerous devices. The license shall be renewed annually
17and shall not be transferable.

18(i) Notwithstanding any other law, the veterinary food-animal
19drug retailer license shall authorize the holder to conduct a
20veterinary food-animal drug retailer and to sell and dispense
21veterinary food-animal drugs as defined in Section 4042.

22(j) For licenses referred to in subdivisions (f), (g), (h), and (i),
23any change in the proposed beneficial ownership interest shall be
24reported to the board within 30 days thereafter upon a form to be
25furnished by the board.

26

SEC. 8.  

Section 4945 of the Business and Professions Code,
27as amended by Section 15 of Chapter 983 of the Statutes of 1991,
28is repealed.

29

SEC. 9.  

Section 5082.5 of the Business and Professions Code,
30as added by Section 10 of Chapter 704 of the Statutes of 2001, is
31repealed.

32

SEC. 10.  

Section 5095 of the Business and Professions Code,
33as added by Section 20 of Chapter 704 of the Statutes of 2001, is
34repealed.

35

SEC. 11.  

Section 7000.6 of the Business and Professions Code,
36as added by Section 27 of Chapter 107 of the Statutes of 2002, is
37repealed.

38

SEC. 12.  

Section 7588.2 of the Business and Professions Code,
39as added by Section 3 of Chapter 689 of the Statutes of 2002, is
40amended and renumbered to read:

P13   1

7588.6.  

(a) A peace officer of this state or a political
2subdivision thereof who engages in off-duty employment solely
3and exclusively as a security guard or security officer, and who is
4required to be registered as a security guard or security officer
5pursuant to this chapter, shall only be subject to the fees required
6by subdivision (h) of Section 7588.

7(b) A peace officer shall also be subject to the fees required by
8paragraphs (1) and (2) of subdivision (i) of Section 7588 if the
9peace officer carries or uses a firearm as part of the off-duty
10employment and has not received approval of his or her primary
11employer, as defined in paragraph (2) of subdivision (i) of Section
127583.9, to carry a firearm while working as a security guard or
13security officer, and has not submitted verification of that approval
14to the bureau pursuant to subdivision (i) of Section 7583.9.

15

SEC. 13.  

Section 7590.2 of the Business and Professions Code
16 is amended to read:

17

7590.2.  

(a) An “alarm company operator” means a person
18who, for any consideration whatsoever, engages in business or
19accepts employment to install, maintain, alter, sell on premises,
20monitor, or service alarm systems or who responds to alarm
21systems except for any alarm agent. “Alarm company operator,”
22includes any entity that is retained by a licensed alarm company
23operator, a customer, or any other person or entity, to monitor one
24or more alarm systems, whether or not the entity performs any
25other duties within the definition of an alarm company operator.
26The provisions of this chapter, to the extent that they can be made
27applicable, shall be applicable to the duties and functions performed
28in monitoring alarm systems.

29(b) A person licensed as an alarm company operator shall not
30conduct any investigation or investigations except those that are
31incidental to personal injury, or the theft, loss, embezzlement,
32misappropriation, or concealment of any property, or any other
33thing enumerated in this section, which he or she has been hired
34or engaged to protect.

35(c) A person who is licensed, certified, or registered pursuant
36to this chapter is exempt from locksmithing requirements, pursuant
37to subdivision (e) of Section 6980.12, if the duties performed that
38constitute locksmithing are performed in combination with the
39installation, maintenance, moving, repairing, replacing, servicing,
40or reconfiguration of an alarm system, as defined in subdivision
P14   1(n) of Section 7590.1, and limited to work on electronic locks or
2access control devices that are controlled by an alarm system
3control device, including the removal of existing hardware.

4

SEC. 14.  

Section 8538 of the Business and Professions Code
5 is amended to read:

6

8538.  

(a) A registered structural pest control company shall
7provide the owner, or owner’s agent, and tenant of the premises
8for which the work is to be done with clear written notice which
9contains the following statements and information using words
10with common and everyday meaning:

11(1) The pest to be controlled.

12(2) The pesticide or pesticides proposed to be used and the active
13ingredient or ingredients.

14(3) “State law requires that you be given the following
15information: CAUTION--PESTICIDES ARE TOXIC
16CHEMICALS. Structural Pest Control Companies are registered
17and regulated by the Structural Pest Control Board, and apply
18pesticides which are registered and approved for use by the
19Department of Pesticide Regulation and the United States
20Environmental Protection Agency. Registration is granted when
21the state finds that, based on existing scientific evidence, there are
22no appreciable risks if proper use conditions are followed or that
23the risks are outweighed by the benefits. The degree of risk depends
24upon the degree of exposure, so exposure should be minimized.

25“If within 24 hours following application you experience
26symptoms similar to common seasonal illness comparable to the
27flu, contact your physician or poison control center (telephone
28number) and your pest control company immediately.” (This
29statement shall be modified to include any other symptoms of
30overexposure which are not typical of influenza.)

31“For further information, contact any of the following: Your
32Pest Control Company (telephone number); for Health
33Questions--the County Health Department (telephone number);
34for Application Information--the County Agricultural
35Commissioner (telephone number), and for Regulatory
36Information--the Structural Pest Control Board (telephone number
37and address).”

38(4) If a contract for periodic pest control has been executed, the
39frequency with which the treatment is to be done.

P15   1(b) In the case of Branch 1 applications, the notice prescribed
2by subdivision (a) shall be provided at least 48 hours prior to
3application unless fumigation follows inspection by less than 48
4hours.

5In the case of Branch 2 or Branch 3 registered company
6applications, the notice prescribed by subdivision (a) shall be
7provided no later than prior to application.

8In either case, the notice shall be given to the owner, or owner’s
9agent, and tenant, if there is a tenant, in at least one of the following
10ways:

11(1) First-class or electronic mail, if an electronic mail address
12has been provided.

13(2) Posting in a conspicuous place on the real property.

14(3) Personal delivery.

15If the building is commercial or industrial, a notice shall be
16posted in a conspicuous place, unless the owner or owner’s agent
17objects, in addition to any other notification required by this
18section.

19The notice shall only be required to be provided at the time of
20the initial treatment if a contract for periodic service has been
21executed. If the pesticide to be used is changed, another notice
22shall be required to be provided in the manner previously set forth
23herein.

24(c) Any person or licensee who, or registered company which,
25violates any provision of this section is guilty of a misdemeanor
26punishable as set forth in Section 8553.

27

SEC. 15.  

Section 12518 of the Business and Professions Code
28 is amended to read:

29

12518.  

A water submeter submitted to a sealer by an owner,
30user, or operator for inspection and testing before its initial
31installation that is found to be incorrect, as defined in subdivision
32(d) of Section 12500, shall be marked with the words “Out of
33Order,” in accordance with Section 12506, and shall be returned
34to a service agent only if both of the following conditions are met:

35(a) The water submeter has no signs of intentional tampering
36by which to facilitate fraud.

37(b) The water submeter is not placed into service in California.

38

SEC. 16.  

Section 17530.6 of the Business and Professions
39Code
is repealed.

P16   1

SEC. 17.  

Section 17550.42 of the Business and Professions
2Code
, as added by Section 11 of Chapter 196 of the Statutes of
32003, is amended and renumbered to read:

4

17550.42.5.  

(a) Within 30 days of the close of the fiscal year
5or other reasonable period established by the board of directors,
6the Travel Consumer Restitution Corporation shall make publicly
7available a statement of the following information concerning the
8most recently concluded fiscal year:

9(1) The number of claims and approximate dollar amount of
10the claims received.

11(2) The total number of claims and total dollar amount of claims
12paid.

13(3) The approximate number and dollar amount of claims denied
14or abandoned.

15(4) The dollar balance in the restitution fund.

16(5) The amount of assessments received from participants and
17the operating and administrative costs and expenses of the
18corporation.

19(6) The number of new participants and the amount of
20assessments received from them.

21(b) The Travel Consumer Restitution Corporation shall make
22publicly available within 15 days of the board of directors’
23approval, or other reasonable period established by the board of
24directors, the following information:

25(1) The approved minutes of meetings of the board of directors.

26(2) The approved estimated annual operational budget projecting
27the costs of operations and administration for the succeeding fiscal
28year, excluding the amount to be paid for claims.

29(3) The approved bylaws, as amended, of the Travel Consumer
30Restitution Corporation.

31(c) Information may be made publicly available as required by
32this section by disseminating the information on an Internet Web
33site or providing the information by electronic mail to any person
34who has requested the information and provided a valid electronic
35mail address.

36

SEC. 18.  

Section 18897.8 of the Business and Professions
37Code
, as added by Section 2 of Chapter 857 of the Statutes of
381996, is repealed.

39

SEC. 19.  

Section 19556 of the Business and Professions Code
40 is amended to read:

P17   1

19556.  

(a) The distribution shall be made by the distributing
2agent to beneficiaries qualified under this article. For purposes of
3this article, a beneficiary shall be all of the following:

4(1) A nonprofit corporation or organization entitled by law to
5receive a distribution made by a distributing agent.

6(2) Exempt or entitled to an exemption from taxes measured by
7income imposed by this state and the United States.

8(3) Engaged in charitable, benevolent, civic, religious,
9educational, or veterans’ work similar to that of agencies
10recognized by an organized community chest in the State of
11California, except that the funds so distributed may be used by the
12beneficiary for capital expenditures.

13(4) Approved by the board.

14(b) At least 30 percent of the distribution shall be made to
15charities associated with the horse racing industry. In addition to
16this 30 percent of the distribution, another 5 percent of the
17distribution shall be paid to a welfare fund described in subdivision
18(b) of Section 19641 and another 5 percent of the distribution shall
19be paid to a nonprofit corporation, the primary purpose of which
20is to assist horsemen and backstretch personnel who are being
21affected adversely as a result of alcohol or substance abuse. A
22beneficiary otherwise qualified under this section to receive charity
23day net proceeds shall not be excluded on the basis that the
24beneficiary provides charitable benefits to persons connected with
25the care, training, and running of racehorses, except that this type
26of beneficiary shall make an accounting to the board within one
27calendar year of the date of receipt of any distribution.

28(c) (1) In addition to the distribution pursuant to subdivision
29(b), a separate 20 percent of the distribution shall be made to a
30nonprofit corporation or trust, the directors or trustees of which
31shall serve without compensation except for reimbursement for
32reasonable expenses, and that has as its sole purpose the
33accumulation of endowment funds, the income of which shall be
34distributed to qualified disabled jockeys.

35(2) To receive a distribution under this subdivision, a nonprofit
36corporation or trust shall establish objective qualifications for
37disabled jockeys and provide an annual accounting and report to
38the board on its activities indicating compliance with the
39requirements of this subdivision.

P18   1(3) The nonprofit corporation or trust shall, in an amount
2proportional to the contributions received pursuant to this
3subdivision as a percentage of the total contributions received by
4the nonprofit corporation or trust, give preference in assisting
5qualified disabled jockeys who meet either of the following criteria:

6(A) Jockeys who were disabled while participating in the racing
7or training of horses at licensed racing associations or approved
8training facilities in California.

9(B) Jockeys licensed by the board who were disabled while
10participating in the racing or training of horses in a state other than
11California.

12(d) When the nonprofit corporation or trust described in
13subdivision (c) has received distributions in an amount equal to
14two million dollars ($2,000,000), the distribution mandated by
15 subdivision (c) shall cease.

16

SEC. 20.  

Section 19599 of the Business and Professions Code
17 is amended to read:

18

19599.  

An association or fair may offer any form of parimutuel
19wagering, as defined by regulations adopted by the board, or as
20defined by Chapter 4, Pari-Mutuel Wagering, Model Rules of
21Racing, as published by the Association of Racing Commissioners
22International. The board may prohibit any form of parimutuel
23wagering if it determines that the proposed wagering would
24compromise the honesty and integrity of racing in the state. Each
25racing association or fair shall include the types of conventional,
26exotic, and other wagering it proposes to offer on its application
27to conduct a horse racing meeting.

28

SEC. 21.  

Section 19605.7 of the Business and Professions
29Code
is amended to read:

30

19605.7.  

The total percentage deducted from wagers at satellite
31wagering facilities in the northern zone shall be the same as the
32deductions for wagers at the racetrack where the racing meeting
33is being conducted and shall be distributed as set forth in this
34section. Amounts deducted under this section shall be distributed
35as follows:

36(a) (1) For thoroughbred meetings, 1.3 percent of the amount
37handled by the satellite wagering facility on conventional and
38exotic wagers shall be distributed to the racing association for
39payment to the state as a license fee, 2 percent shall be distributed
40to the satellite wagering facility as a commission for the right to
P19   1do business as a franchise, but not for the use of any real property,
20.54 percent shall be deposited with the official registering agency
3pursuant to subdivision (a) of Section 19617.2 and shall thereafter
4be distributed in accordance with subdivisions (b), (c), and (d) of
5Section 19617.2, 0.033 percent shall be distributed to the Center
6for Equine Health, and 0.067 percent shall be distributed to the
7California Animal Health and Food Safety Laboratory, School of
8Veterinary Medicine, University of California at Davis. It is the
9intent of the Legislature that the 0.033 percent of funds distributed
10to the Center for Equine Health shall supplement, and not supplant,
11other funding sources.

12(2) (A) In addition to the distributions specified in paragraph
13(1), for thoroughbred meetings, an amount not to exceed 4 percent
14of the amount handled by the satellite wagering facility on
15conventional and exotic wagers shall be distributed to an
16organization described in Section 19608.2 with the mutual consent
17of the racing association, the organization representing the
18horsemen participating in the meeting, and the board from January
191, 2010, until December 31, 2016. However, the amount shall not
20be less than that specified in subparagraph (B), and any amount
21greater than the amount specified in subparagraph (B) shall be
22approved by the board for no more than 12 months at a time, and
23only upon a determination by the board that the greater amount is
24in the economic interest of thoroughbred racing.

25(B) Commencing January 1, 2017, an amount not to exceed the
26amount of actual operating expenses, as determined by the board,
27or 2.5 percent of the amount handled by the satellite wagering
28facility on conventional and exotic wagers, whichever is less, shall
29be distributed to an organization described in Section 19608.2.

30(C) A request to the board for a distribution pursuant to
31subparagraph (A) shall be accompanied by a report detailing all
32receipts and expenditures over the two prior fiscal years of the
33funds affected by the request.

34(D) The racing association whose request pursuant to
35subparagraph (A) has been approved by the board shall provide
36subsequent quarterly reports of receipts and expenditures of the
37affected funds if requested by the board.

38(b) For harness, quarter horse, Appaloosa, Arabian, or mixed
39breed meetings, 0.4 percent of the amount handled by the satellite
40wagering facility on conventional and exotic wagers shall be
P20   1distributed to the racing association for payment to the state as a
2license fee, for fair meetings, 1 percent of the amount handled by
3the satellite wagering facility on conventional and exotic wagers
4shall be distributed to the fair association for payment to the state
5as a license fee, 2 percent shall be distributed to the satellite
6wagering facility as a commission for the right to do business as
7a franchise, but not for the use of any real property, and 6 percent
8of the amount handled by the satellite wagering facility or the
9amount of actual operating expenses, as determined by the board,
10whichever is less, shall be distributed to an organization described
11in Section 19608.2. In addition, in the case of quarter horses, 0.4
12percent shall be deposited with the official registering agency
13pursuant to subdivision (b) of Section 19617.7 and shall thereafter
14be distributed in accordance with subdivisions (c), (d), and (e) of
15Section 19617.7; in the case of Appaloosas, 0.4 percent shall be
16deposited with the official registering agency pursuant to
17subdivision (b) of Section 19617.9 and shall thereafter be
18distributed in accordance with subdivisions (c), (d), and (e) of
19Section 19617.9; in the case of Arabians, 0.4 percent shall be held
20by the association to be deposited with the official registering
21agency pursuant to Section 19617.8, and shall thereafter be
22distributed in accordance with Section 19617.8; in the case of
23standardbreds, 0.4 percent shall be distributed for the California
24Standardbred Sires Stakes Program pursuant to Section 19619; in
25the case of thoroughbreds, 0.48 percent shall be deposited with
26the official registering agency pursuant to subdivision (a) of Section
2719617.2 and shall thereafter be distributed in accordance with
28subdivisions (b), (c), and (d) of Section 19617.2; 0.033 percent
29shall be distributed to the Center for Equine Health; and 0.067
30percent shall be distributed to the California Animal Health and
31Food Safety Laboratory, School of Veterinary Medicine, University
32of California at Davis. It is the intent of the Legislature that the
330.033 percent of funds distributed to the Center for Equine Health
34shall supplement, and not supplant, other funding sources.

35(c) In addition to the distributions specified in subdivisions (a)
36and (b), for mixed breed meetings, 1 percent of the total amount
37handled by each satellite wagering facility shall be distributed to
38an organization described in Section 19608.2 for promotion of the
39program at satellite wagering facilities. For harness meetings, 0.5
40percent of the total amount handled by each satellite wagering
P21   1facility shall be distributed to an organization described in Section
219608.2 for the promotion of the program at satellite wagering
3facilities, and 0.5 percent of the total amount handled by each
4satellite wagering facility shall be distributed according to a written
5agreement for each race meeting between the licensed racing
6association and the organization representing the horsemen
7participating in the meeting. If, with respect to harness meetings,
8there are funds unexpended from this 1 percent, these funds may
9be expended for other purposes with the consent of the horsemen
10and the racing association to benefit the horsemen, or the racing
11association, or both, pursuant to their agreement. For quarter horse
12meetings, 0.5 percent of the total amount handled by each satellite
13wagering facility on races run in California shall be distributed to
14an organization described in Section 19608.2 for the promotion
15of the program at satellite wagering facilities, 0.5 percent of the
16total amount handled by each satellite wagering facility on
17out-of-state and out-of-country imported races shall be distributed
18to the official quarter horse registering agency for the purposes of
19Section 19617.75, and 0.5 percent of the total amount handled by
20each satellite wagering facility on all races shall be distributed
21according to a written agreement for each race meeting between
22the licensed racing association and the organization representing
23the horsemen participating in the meeting.

24(d) Additionally, for thoroughbred, harness, quarter horse, mixed
25breed, and fair meetings, 0.33 percent of the total amount handled
26by each satellite wagering facility shall be paid to the city or county
27in which the satellite wagering facility is located pursuant to
28Section 19610.3 or 19610.4.

29(e) Notwithstanding any other law, a racing association is
30responsible for the payment of the state license fee as required by
31this section.

32

SEC. 22.  

Section 25350 of the Business and Professions Code
33 is amended to read:

34

25350.  

The department may seize the following alcoholic
35beverages:

36(a) Alcoholic beverages manufactured or produced in this state
37by any person other than licensed manufacturer or wine grower,
38regardless of where found.

39(b) Beer and wine upon the sale of which the excise tax imposed
40by Part 14 (commencing with Section 32001) of Division 2 of the
P22   1Revenue and Taxation Code has not been paid, regardless of where
2found.

3(c) Distilled spirits except (1) distilled spirits located upon
4premises for which licenses authorizing the sale of the distilled
5spirits have been issued; (2) distilled spirits consigned to and in
6the course of transportation to a licensee holding licenses
7authorizing the sale of the distilled spirits or for delivery without
8this state; (3) distilled spirits upon the sale of which the excise
9tax imposed by Part 14 (commencing with Section 32001) of
10Division 2 of the Revenue and Taxation Code has been paid;
11(4) alcohol or distilled spirits in the possession of a person who
12has lawfully purchased it for use in the trades, professions, or
13industries and not for beverage use.

14(d) Any alcoholic beverage possessed, kept, stored, or owned
15with the intent to sell it without a license in violation of this
16division.

17(e) Notwithstanding any other provision of this section, any
18alcoholic beverage acquired, exchanged, purchased, sold, delivered,
19or possessed in violation of Sections 23104.2, 23104.3, 23394,
2023402, or Chapter 12 (commencing with Section 25000), except
21that seizures under this subdivision shall be limited to the actual
22package or case of alcoholic beverage acquired, exchanged,
23purchased, sold, delivered, or possessed in violation of the
24foregoing provisions. Any seizure under this subdivision shall not
25exceed one hundred dollars ($100) of alcoholic beverages at retail
26price.

27

SEC. 23.  

Section 25503.6 of the Business and Professions
28Code
is amended to read:

29

25503.6.  

(a) Notwithstanding any other provision of this
30chapter, a beer manufacturer, the holder of a winegrower’s license,
31a distilled spirits rectifier, a distilled spirits manufacturer, or
32distilled spirits manufacturer’s agent may purchase advertising
33space and time from, or on behalf of, an on-sale retail licensee
34subject to all of the following conditions:

35(1) The on-sale licensee is the owner, manager, agent of the
36owner, assignee of the owner’s advertising rights, or the major
37tenant of the owner of any of the following:

38(A) An outdoor stadium or a fully enclosed arena with a fixed
39seating capacity in excess of 10,000 seats located in Sacramento
40County or Alameda County.

P23   1(B) A fully enclosed arena with a fixed seating capacity in
2excess of 18,000 seats located in Orange County or Los Angeles
3County.

4(C) An outdoor stadium or fully enclosed arena with a fixed
5seating capacity in excess of 8,500 seats located in Kern County.

6(D) An exposition park of not less than 50 acres that includes
7an outdoor stadium with a fixed seating capacity in excess of 8,000
8seats and a fully enclosed arena with an attendance capacity in
9excess of 4,500 people, located in San Bernardino County.

10(E) An outdoor stadium with a fixed seating capacity in excess
11of 10,000 seats located in Yolo County.

12(F) An outdoor stadium and a fully enclosed arena with fixed
13seating capacities in excess of 10,000 seats located in Fresno
14County.

15(G) An athletic and entertainment complex of not less than 50
16acres that includes within its boundaries an outdoor stadium with
17a fixed seating capacity of at least 8,000 seats and a second outdoor
18stadium with a fixed seating capacity of at least 3,500 seats located
19within Riverside County.

20(H) An outdoor stadium with a fixed seating capacity in excess
21of 1,500 seats located in Tulare County.

22(I) A motorsports entertainment complex of not less than 50
23acres that includes within its boundaries an outdoor speedway with
24a fixed seating capacity of at least 50,000 seats, located within San
25Bernardino County.

26(J) An exposition park, owned or operated by a bona fide
27nonprofit organization, of not less than 400 acres with facilities
28including a grandstand with a seating capacity of at least 8,000
29people, at least one exhibition hall greater than 100,000 square
30feet, and at least four exhibition halls, each greater than 30,000
31square feet, located in the City of Pomona or the City of La Verne
32in Los Angeles County.

33(K) An outdoor soccer stadium with a fixed seating capacity of
34at least 25,000 seats, an outdoor tennis stadium with a fixed
35capacity of at least 7,000 seats, an outdoor track and field facility
36with a fixed seating capacity of at least 7,000 seats, and an indoor
37velodrome with a fixed seating capacity of at least 2,000 seats, all
38located within a sports and athletic complex built before January
391, 2005, within the City of Carson in Los Angeles County.

P24   1(L) An outdoor professional sports facility with a fixed seating
2capacity of at least 4,200 seats located within San Joaquin County.

3(M) A fully enclosed arena with a fixed seating capacity in
4excess of 13,000 seats in the City of Inglewood.

5(N) (i) An outdoor stadium with a fixed seating capacity of at
6least 68,000 seats located in the City of Santa Clara.

7(ii) A beer manufacturer, the holder of a winegrower’s license,
8a distilled spirits rectifier, a distilled spirits manufacturer, or
9distilled spirits manufacturer’s agent may purchase advertising
10space and time from, or on behalf of, a major tenant of an outdoor
11stadium described in clause (i), provided the major tenant does not
12hold a retail license, and the advertising may include the placement
13of advertising in an on-sale licensed premises operated at the
14outdoor stadium.

15(2) The outdoor stadium or fully enclosed arena described in
16paragraph (1) is not owned by a community college district.

17(3) The advertising space or time is purchased only in connection
18with the events to be held on the premises of the exposition park,
19stadium, or arena owned by the on-sale licensee. With respect to
20an exposition park as described in subparagraph (J) of paragraph
21(1) that includes at least one hotel, the advertising space or time
22shall not be displayed on or in any hotel located in the exposition
23park, or purchased in connection with the operation of any hotel
24located in the exposition park.

25(4) The on-sale licensee serves other brands of beer distributed
26by a competing beer wholesaler in addition to the brand
27manufactured or marketed by the beer manufacturer, other brands
28of wine distributed by a competing wine wholesaler in addition to
29the brand produced by the winegrower, and other brands of distilled
30spirits distributed by a competing distilled spirits wholesaler in
31addition to the brand manufactured or marketed by the distilled
32spirits rectifier, the distilled spirits manufacturer, or the distilled
33spirits manufacturer’s agent that purchased the advertising space
34or time.

35(b) Any purchase of advertising space or time pursuant to
36subdivision (a) shall be conducted pursuant to a written contract
37entered into by the beer manufacturer, the holder of the
38winegrower’s license, the distilled spirits rectifier, the distilled
39spirits manufacturer, or the distilled spirits manufacturer’s agent
40and the on-sale licensee, or with respect to clause (ii) of
P25   1subparagraph (N) of paragraph (1) of subdivision (a), the major
2tenant of the outdoor stadium.

3(c) Any beer manufacturer or holder of a winegrower’s license,
4any distilled spirits rectifier, any distilled spirits manufacturer, or
5any distilled spirits manufacturer’s agent who, through coercion
6or other illegal means, induces, directly or indirectly, a holder of
7a wholesaler’s license to fulfill all or part of those contractual
8obligations entered into pursuant to subdivision (a) or (b) shall be
9guilty of a misdemeanor and shall be punished by imprisonment
10in the county jail not exceeding six months, or by a fine in an
11amount equal to the entire value of the advertising space, time, or
12costs involved in the contract, whichever is greater, plus ten
13thousand dollars ($10,000), or by both imprisonment and fine. The
14person shall also be subject to license revocation pursuant to
15Section 24200.

16(d) Any on-sale retail licensee, as described in subdivision (a),
17who, directly or indirectly, solicits or coerces a holder of a
18wholesaler’s license to solicit a beer manufacturer, a holder of a
19winegrower’s license, a distilled spirits rectifier, a distilled spirits
20 manufacturer, or a distilled spirits manufacturer’s agent to purchase
21advertising space or time pursuant to subdivision (a) or (b) shall
22be guilty of a misdemeanor and shall be punished by imprisonment
23in the county jail not exceeding six months, or by a fine in an
24amount equal to the entire value of the advertising space or time
25involved in the contract, whichever is greater, plus ten thousand
26dollars ($10,000), or by both imprisonment and fine. The person
27shall also be subject to license revocation pursuant to Section
2824200.

29(e) For the purposes of this section, “beer manufacturer” includes
30any holder of a beer manufacturer’s license, any holder of an
31out-of-state beer manufacturer’s certificate, or any holder of a beer
32and wine importer’s general license.

33

SEC. 24.  

Section 25608 of the Business and Professions Code
34 is amended to read:

35

25608.  

(a) Every person who possesses, consumes, sells, gives,
36or delivers to another person an alcoholic beverage in or on a public
37schoolhouse or the grounds of the schoolhouse, is guilty of a
38misdemeanor. This section does not, however, make it unlawful
39for a person to acquire, possess, or use an alcoholic beverage in
P26   1or on a public schoolhouse, or on the grounds of the schoolhouse,
2if any of the following applies:

3(1) The alcoholic beverage possessed, consumed, or sold,
4pursuant to a license obtained under this division, is wine that is
5produced by a bonded winery owned or operated as part of an
6instructional program in viticulture and enology.

7(2) The alcoholic beverage is acquired, possessed, or used in
8 connection with a course of instruction given at the school and the
9person has been authorized to acquire, possess, or use it by the
10governing body or other administrative head of the school.

11(3) The public schoolhouse is surplus school property and the
12grounds of the schoolhouse are leased to a lessee that is a general
13law city with a population of less than 50,000, or the public
14schoolhouse is surplus school property and the grounds of the
15schoolhouse are located in an unincorporated area and are leased
16to a lessee that is a civic organization, and the property is to be
17used for community center purposes and no public school education
18is to be conducted on the property by either the lessor or the lessee
19and the property is not being used by persons under the age of 21
20years for recreational purposes at any time during which alcoholic
21beverages are being sold or consumed on the premises.

22(4) The alcoholic beverages are acquired, possessed, or used
23during events at a college-owned or college-operated veterans
24stadium with a capacity of over 12,000 people, located in a county
25with a population of over 6,000,000 people. As used in this
26paragraph, “events” mean football games sponsored by a college,
27other than a public community college, or other events sponsored
28by noncollege groups.

29(5) The alcoholic beverages are acquired, possessed, or used
30during an event not sponsored by any college at a performing arts
31facility built on property owned by a community college district
32and leased to a nonprofit organization that is a public benefit
33corporation formed under Part 2 (commencing with Section 5110)
34of Division 2 of Title 1 of the Corporations Code. As used in this
35paragraph, “performing arts facility” means an auditorium with
36more than 300 permanent seats.

37(6) The alcoholic beverage is wine for sacramental or other
38religious purposes and is used only during authorized religious
39services held on or before January 1, 1995.

P27   1(7) The alcoholic beverages are acquired, possessed, or used
2during an event at a community center owned by a community
3services district or a city and the event is not held at a time when
4students are attending a public school-sponsored activity at the
5center.

6(8) The alcoholic beverage is wine that is acquired, possessed,
7or used during an event sponsored by a community college district
8or an organization operated for the benefit of the community
9college district where the college district maintains both an
10instructional program in viticulture on no less than five acres of
11land owned by the district and an instructional program in enology,
12which includes sales and marketing.

13(9) The alcoholic beverage is acquired, possessed, or used at a
14professional minor league baseball game conducted at the stadium
15of a community college located in a county with a population of
16less than 250,000 inhabitants, and the baseball game is conducted
17pursuant to a contract between the community college district and
18a professional sports organization.

19(10) The alcoholic beverages are acquired, possessed, or used
20during events at a college-owned or college-operated stadium or
21other facility. As used in this paragraph, “events” means fundraisers
22held to benefit a nonprofit corporation that has obtained a license
23pursuant to this division for the event. “Events” does not include
24football games or other athletic contests sponsored by any college
25or public community college. This paragraph does not apply to
26any public education facility in which any grade from kindergarten
27to grade 12, inclusive, is schooled.

28(11) The alcoholic beverages are possessed, consumed, or sold,
29pursuant to a license, permit, or authorization obtained under this
30division, for an event held at an overnight retreat facility owned
31and operated by a county office of education or a school district
32at times when pupils are not on the grounds.

33(12) The grounds of the public schoolhouse on which the
34alcoholic beverage is acquired, possessed, used, or consumed is
35property that has been developed and is used for residential
36facilities or housing that is offered for rent, lease, or sale
37exclusively to faculty or staff of a public school or community
38college.

39(13) The grounds of a public schoolhouse on which the alcoholic
40beverage is acquired, possessed, used, or consumed is property of
P28   1a community college that is leased, licensed, or otherwise provided
2for use as a water conservation demonstration garden and
3community passive recreation resource by a joint powers agency
4comprised of public agencies, including the community college,
5and the event at which the alcoholic beverage is acquired,
6possessed, used, or consumed is conducted pursuant to a written
7policy adopted by the governing body of the joint powers agency
8and no public funds are used for the purchase or provision of the
9alcoholic beverage.

10(14) The alcoholic beverage is beer or wine acquired, possessed,
11used, sold, or consumed only in connection with a course of
12instruction, sponsored dinner, or meal demonstration given as part
13of a culinary arts program at a campus of a California community
14college and the person has been authorized to acquire, possess,
15use, sell, or consume the beer or wine by the governing body or
16other administrative head of the school.

17(15) The alcoholic beverages are possessed, consumed, or sold,
18pursuant to a license or permit obtained under this division for
19special events held at the facilities of a public community college
20during the special event. As used in this paragraph, “special event”
21means events that are held with the permission of the governing
22board of the community college district that are festivals, shows,
23private parties, concerts, theatrical productions, and other events
24held on the premises of the public community college and for
25which the principal attendees are members of the general public
26or invited guests and not students of the public community college.

27(16) The alcoholic beverages are acquired, possessed, or used
28during an event at a community college-owned facility in which
29any grade from kindergarten to grade 12, inclusive, is schooled,
30if the event is held at a time when students in any grades from
31kindergarten to grade 12, inclusive, are not present at the facility.
32As used in this paragraph, “events” include fundraisers held to
33benefit a nonprofit corporation that has obtained a license pursuant
34to this division for the event.

35(17) The alcoholic beverages are acquired, possessed, used, or
36consumed pursuant to a license or permit obtained under this
37division for special events held at facilities owned and operated
38by an educational agency, a county office of education,
39superintendent of schools, school district, or community college
40district at a time when pupils are not on the grounds. As used in
P29   1this paragraph, “facilities” include, but are not limited to, office
2complexes, conference centers, or retreat facilities.

3(b) Any person convicted of a violation of this section shall, in
4addition to the penalty imposed for the misdemeanor, be barred
5from having or receiving any privilege of the use of public school
6property that is accorded by Article 2 (commencing with Section
782537) of Chapter 8 of Part 49 of Division 7 of Title 3 the
8Education Code.

9begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 51 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert

10

51.  

(a) This section shall be known, and may be cited, as the
11Unruh Civil Rights Act.

12(b) All persons within the jurisdiction of this state are free and
13equal, and no matter what their sex, race, color, religion, ancestry,
14national origin, disability, medical condition, genetic information,
15marital status, or sexual orientation are entitled to the full and equal
16accommodations, advantages, facilities, privileges, or services in
17all business establishments of every kind whatsoever.

18(c) This section shall not be construed to confer any right or
19privilege on a person that is conditioned or limited by law or that
20is applicable alike to persons of every sex, color, race, religion,
21ancestry, national origin, disability, medical condition, marital
22status, or sexual orientation or to persons regardless of their genetic
23information.

24(d) Nothing in this section shall be construed to require any
25construction, alteration, repair, structural or otherwise, or
26modification of any sort whatsoever, beyond that construction,
27alteration, repair, or modification that is otherwise required by
28other provisions of law, to any new or existing establishment,
29facility, building, improvement, or any other structure, nor shall
30anything in this section be construed to augment, restrict, or alter
31in any way the authority of the State Architect to require
32construction, alteration, repair, or modifications that the State
33Architect otherwise possesses pursuant to other laws.

34(e) For purposes of this section:

35(1) “Disability” means any mental or physical disability as
36defined in Sections 12926 and 12926.1 of the Government Code.

37(2) (A) “Genetic information” means, with respect to any
38individual, information about any of the following:

39(i) The individual’s genetic tests.

40(ii) The genetic tests of family members of the individual.

P30   1(iii) The manifestation of a disease or disorder in family
2members of the individual.

3(B) “Genetic information” includes any request for, or receipt
4of, genetic services, or participation in clinical research that
5includes genetic services, by an individual or any family member
6of the individual.

7(C) “Genetic information” does not include information about
8the sex or age of any individual.

9(3) “Medical condition” has the same meaning as defined in
10subdivisionbegin delete (h)end deletebegin insert (i)end insert of Section 12926 of the Government Code.

11(4) “Religion” includes all aspects of religious belief,
12observance, and practice.

13(5) “Sex” includes, but is not limited to, pregnancy, childbirth,
14or medical conditions related to pregnancy or childbirth. “Sex”
15also includes, but is not limited to, a person’s gender. “Gender”
16means sex, and includes a person’s gender identity and gender
17expression. “Gender expression” means a person’s gender-related
18appearance and behavior whether or not stereotypically associated
19with the person’s assigned sex at birth.

20(6) “Sex, race, color, religion, ancestry, national origin,
21disability, medical condition, genetic information, marital status,
22or sexual orientation” includes a perception that the person has
23any particular characteristic or characteristics within the listed
24categories or that the person is associated with a person who has,
25or is perceived to have, any particular characteristic or
26characteristics within the listed categories.

27(7) “Sexual orientation” has the same meaning as defined in
28subdivisionbegin delete (r)end deletebegin insert (s)end insert of Section 12926 of the Government Code.

29(f) A violation of the right of any individual under the federal
30Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
31constitute a violation of this section.

32

begin deleteSEC. 25.end delete
33begin insertSEC. 26.end insert  

Section 56.36 of the Civil Code is amended to read:

34

56.36.  

(a) A violation of the provisions of this part that results
35in economic loss or personal injury to a patient is punishable as a
36misdemeanor.

37(b) In addition to any other remedies available at law, an
38individual may bring an action against a person or entity who has
39negligently released confidential information or records concerning
P31   1him or her in violation of this part, for either or both of the
2following:

3(1) Except as provided in subdivision (e), nominal damages of
4one thousand dollars ($1,000). In order to recover under this
5paragraph, it is not necessary that the plaintiff suffered or was
6threatened with actual damages.

7(2) The amount of actual damages, if any, sustained by the
8patient.

9(c) (1) In addition, a person or entity that negligently discloses
10medical information in violation of the provisions of this part shall
11also be liable, irrespective of the amount of damages suffered by
12the patient as a result of that violation, for an administrative fine
13or civil penalty not to exceed two thousand five hundred dollars
14($2,500) per violation.

15(2) (A) A person or entity, other than a licensed health care
16professional, who knowingly and willfully obtains, discloses, or
17uses medical information in violation of this part shall be liable
18for an administrative fine or civil penalty not to exceed twenty-five
19thousand dollars ($25,000) per violation.

20(B) A licensed health care professional who knowingly and
21 willfully obtains, discloses, or uses medical information in violation
22of this part shall be liable on a first violation for an administrative
23fine or civil penalty not to exceed two thousand five hundred
24dollars ($2,500) per violation, on a second violation for an
25administrative fine or civil penalty not to exceed ten thousand
26dollars ($10,000) per violation, or on a third and subsequent
27violation for an administrative fine or civil penalty not to exceed
28twenty-five thousand dollars ($25,000) per violation. This
29subdivision shall not be construed to limit the liability of a health
30care service plan, a contractor, or a provider of health care that is
31not a licensed health care professional for a violation of this part.

32(3) (A) A person or entity, other than a licensed health care
33professional, who knowingly or willfully obtains or uses medical
34information in violation of this part for the purpose of financial
35gain shall be liable for an administrative fine or civil penalty not
36to exceed two hundred fifty thousand dollars ($250,000) per
37violation and shall also be subject to disgorgement of any proceeds
38or other consideration obtained as a result of the violation.

39(B) A licensed health care professional who knowingly and
40willfully obtains, discloses, or uses medical information in violation
P32   1of this part for financial gain shall be liable on a first violation for
2an administrative fine or civil penalty not to exceed five thousand
3dollars ($5,000) per violation, on a second violation for an
4administrative fine or civil penalty not to exceed twenty-five
5thousand dollars ($25,000) per violation, or on a third and
6subsequent violation for an administrative fine or civil penalty not
7to exceed two hundred fifty thousand dollars ($250,000) per
8violation and shall also be subject to disgorgement of any proceeds
9or other consideration obtained as a result of the violation. This
10subdivision shall not be construed to limit the liability of a health
11care service plan, a contractor, or a provider of health care that is
12not a licensed health care professional for any violation of this
13part.

14(4) This subdivision shall not be construed as authorizing an
15administrative fine or civil penalty under both paragraphs (2) and
16(3) for the same violation.

17(5) A person or entity who is not permitted to receive medical
18information pursuant to this part and who knowingly and willfully
19obtains, discloses, or uses medical information without written
20authorization from the patient shall be liable for a civil penalty not
21to exceed two hundred fifty thousand dollars ($250,000) per
22violation.

23(d) In assessing the amount of an administrative fine or civil
24penalty pursuant to subdivision (c), the State Department of Public
25Health, licensing agency, or certifying board or court shall consider
26any of the relevant circumstances presented by any of the parties
27to the case including, but not limited to, the following:

28(1) Whether the defendant has made a reasonable, good faith
29attempt to comply with this part.

30(2) The nature and seriousness of the misconduct.

31(3) The harm to the patient, enrollee, or subscriber.

32(4) The number of violations.

33(5) The persistence of the misconduct.

34(6) The length of time over which the misconduct occurred.

35(7) The willfulness of the defendant’s misconduct.

36(8) The defendant’s assets, liabilities, and net worth.

37(e) (1) In an action brought by an individual pursuant to
38subdivision (b) on or after January 1, 2013, in which the defendant
39establishes the affirmative defense in paragraph (2), the court shall
P33   1award any actual damages and reasonable attorney’s fees and costs,
2but shall not award nominal damages for a violation of this part.

3(2) The defendant is entitled to an affirmative defense if all of
4the following are established, subject to the equitable
5considerations in paragraph (3):

6(A) The defendant is a covered entity or business associate, as
7defined in Section 160.103 of Title 45 of the Code of Federal
8Regulations, in effect as of January 1, 2012.

9(B) The defendant has complied with any obligations to notify
10all persons entitled to receive notice regarding the release of the
11information or records.

12(C) The release of confidential information or records was solely
13to another covered entity or business associate.

14(D) The release of confidential information or records was not
15an incident of medical identity theft. For purposes of this
16subparagraph, “medical identity theft” means the use of an
17individual’s personal information, as defined in Section 1798.80,
18without the individual’s knowledge or consent, to obtain medical
19goods or services, or to submit false claims for medical services.

20(E) The defendant took appropriate preventive actions to protect
21the confidential information or records against release consistent
22with the defendant’s obligations under this part or other applicable
23state law and the Health Insurance Portability and Accountability
24Act of 1996 (Public Law 104-191) (HIPAA) and all HIPAA
25Administrative Simplification Regulations in effect on January 1,
262012, contained in Parts 160, 162, and 164 of Title 45 of the Code
27of Federal Regulations, and Part 2 of Title 42 of the Code of
28Federal Regulations, including, but not limited to, all of the
29following:

30(i) Developing and implementing security policies and
31procedures.

32(ii) Designating a security official who is responsible for
33developing and implementing its security policies and procedures,
34including educating and training the workforce.

35(iii) Encrypting the information or records, and protecting
36against the release or use of the encryption key and passwords, or
37transmitting the information or records in a manner designed to
38provide equal or greater protections against improper disclosures.

39(F) The defendant took reasonable and appropriate corrective
40action after the release of the confidential information or records,
P34   1and the covered entity or business associate that received the
2confidential information or records destroyed or returned the
3confidential information or records in the most expedient time
4 possible and without unreasonable delay, consistent with any
5measures necessary to determine the scope of the breach and restore
6the reasonable integrity of the data system. A court may consider
7this subparagraph to be established if the defendant shows in detail
8that the covered entity or business associate could not destroy or
9return the confidential information or records because of the
10technology utilized.

11(G) The covered entity or business associate that received the
12confidential information or records, or any of its agents,
13independent contractors, or employees, regardless of the scope of
14the employee’s employment, did not retain, use, or release the
15information or records.

16(H) After the release of the confidential information or records,
17the defendant took reasonable and appropriate action to prevent a
18future similar release of confidential information or records.

19(I) The defendant has not previously established an affirmative
20defense pursuant to this subdivision, or the court determines, in
21its discretion, that application of the affirmative defense is
22compelling and consistent with the purposes of this section to
23promote reasonable conduct in light of all the facts.

24(3) (A) In determining whether the affirmative defense may be
25established pursuant to paragraph (2), the court shall consider the
26equity of the situation, including, but not limited to, (i) whether
27the defendant has previously violated this part, regardless of
28whether an action has previously been brought, and (ii) the nature
29of the prior violation.

30(B) To the extent the court allows discovery to determine
31whether there has been any other violation of this part that the
32court will consider in balancing the equities, the defendant shall
33not provide any medical information, as defined in Section 56.05.
34The court, in its discretion, may enter a protective order prohibiting
35the further use of any personal information, as defined in Section
361798.80, about the individual whose medical information may
37have been disclosed in a prior violation.

38(4) In an action under this subdivision in which the defendant
39establishes the affirmative defense pursuant to paragraph (2), a
40plaintiff shall be entitled to recover reasonable attorney’s fees and
P35   1costs without regard to an award of actual or nominal damages or
2the imposition of administrative fines or civil penalties.

3(5) In an action brought by an individual pursuant to subdivision
4(b) on or after January 1, 2013, in which the defendant establishes
5the affirmative defense pursuant to paragraph (2), a defendant shall
6not be liable for more than one judgment on the merits under this
7subdivision for releases of confidential information or records
8arising out of the same event, transaction, or occurrence.

9(f) (1) The civil penalty pursuant to subdivision (c) shall be
10assessed and recovered in a civil action brought in the name of the
11people of the State of California in any court of competent
12jurisdiction by any of the following:

13(A) The Attorney General.

14(B) A district attorney.

15(C) A county counsel authorized by agreement with the district
16attorney in actions involving violation of a county ordinance.

17(D) A city attorney of a city.

18(E) A city attorney of a city and county having a population in
19excess of 750,000, with the consent of the district attorney.

20(F) A city prosecutor in a city having a full-time city prosecutor
21or, with the consent of the district attorney, by a city attorney in a
22city and county.

23(G) The State Public Health Officer, or his or her designee, may
24recommend that a person described in subparagraphs (A) to (F),
25inclusive, bring a civil action under this section.

26(2) If the action is brought by the Attorney General, one-half
27of the penalty collected shall be paid to the treasurer of the county
28in which the judgment was entered, and one-half to the General
29Fund. If the action is brought by a district attorney or county
30counsel, the penalty collected shall be paid to the treasurer of the
31county in which the judgment was entered. Except as provided in
32paragraph (3), if the action is brought by a city attorney or city
33prosecutor, one-half of the penalty collected shall be paid to the
34treasurer of the city in which the judgment was entered and one-half
35to the treasurer of the county in which the judgment was entered.

36(3) If the action is brought by a city attorney of a city and
37county, the entire amount of the penalty collected shall be paid to
38the treasurer of the city and county in which the judgment was
39entered.

P36   1(4) This section shall not be construed as authorizing both an
2administrative fine and civil penalty for the same violation.

3(5) Imposition of a fine or penalty provided for in this section
4shall not preclude imposition of other sanctions or remedies
5authorized by law.

6(6) Administrative fines or penalties issued pursuant to Section
71280.15 of the Health and Safety Code shall offset any other
8administrative fine or civil penalty imposed under this section for
9the same violation.

10(g) For purposes of this section, “knowing” and “willful” shall
11have the same meanings as in Section 7 of the Penal Code.

12(h) A person who discloses protected medical information in
13accordance with the provisions of this part is not subject to the
14penalty provisions of this part.

15

begin deleteSEC. 26.end delete
16begin insertSEC. 27.end insert  

Section 1936.5 of the Civil Code, as added by Section
171 of Chapter 406 of the Statutes of 2012, is repealed.

18

begin deleteSEC. 27.end delete
19begin insertSEC. 28.end insert  

Section 2923.55 of the Civil Code, as amended by
20Section 14 of Chapter 76 of the Statutes of 2013, is repealed.

21

begin deleteSEC. 28.end delete
22begin insertSEC. 29.end insert  

Section 2924.19 of the Civil Code, as amended by
23Section 10 of Chapter 401 of the Statutes of 2014, is repealed.

24

begin deleteSEC. 29.end delete
25begin insertSEC. 30.end insert  

Section 2924.20 of the Civil Code, as amended by
26Section 12 of Chapter 401 of the Statutes of 2014, is repealed.

27

begin deleteSEC. 30.end delete
28begin insertSEC. 31.end insert  

Section 2934a of the Civil Code, as amended by
29Section 1 of Chapter 839 of the Statutes of 1996, is repealed.

30

begin deleteSEC. 31.end delete
31begin insertSEC. 32.end insert  

Title 17 (commencing with Section 3272) of Part 4
32of Division 3 of the Civil Code, as added by Section 2 of Chapter
33698 of the Statutes of 1999, is repealed.

34

begin deleteSEC. 32.end delete
35begin insertSEC. 33.end insert  

Section 3486 of the Civil Code is amended to read:

36

3486.  

(a) To abate the nuisance caused by illegal conduct
37involving a controlled substance purpose on real property, the city
38prosecutor or city attorney may file, in the name of the people, an
39action for unlawful detainer against any person who is in violation
40of the nuisance or illegal purpose provisions of subdivision 4 of
P37   1Section 1161 of the Code of Civil Procedure, with respect to that
2controlled substance purpose. In filing this action, which shall be
3based upon an arrest report by a law enforcement agency, reporting
4an offense committed on the property and documented by the
5observations of a police officer, the city prosecutor or city attorney
6shall use the procedures set forth in Chapter 4 (commencing with
7Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure,
8except that in cases filed under this section, the following also
9shall apply:

10(1) (A) Prior to filing an action pursuant to this section, the city
11prosecutor or city attorney shall give 30 calendar days’ written
12notice to the owner, requiring the owner to file an action for the
13removal of the person who is in violation of the nuisance or illegal
14purpose provisions of subdivision 4 of Section 1161 of the Code
15of Civil Procedure with respect to a controlled substance purpose.

16(B) This notice shall include sufficient documentation
17establishing a violation of the nuisance or illegal purpose provisions
18of subdivision 4 of Section 1161 of the Code of Civil Procedure
19and an advisement to the owner of the assignment provision
20contained in subparagraph (D). The notice shall be served upon
21the owner and the tenant in accordance with subdivision (e).

22(C) The notice to the tenant shall, in at least 14-point bold type,
23meet the following requirements:

24(i) The notice shall contain the following language:

25

26“(Date)

27

28(Name of tenant)

29(Address of tenant)

30

31Re: Civil Code Section 3486

32

33Dear (name of tenant):

34

35This letter is to inform you that an eviction action may soon be
36filed in court against you for suspected drug activity. According
37to state law, Civil Code Section 3486 provides for eviction of
38persons engaging in such conduct, as described below.

39

P38   1(Name of police department) records indicate that you, (name
2of arrestee), were arrested on (date) for violations of (list violations)
3on (address of property).

4

5A letter has been sent to the property owner(s) advising of your
6arrest and the requirements of state law, as well as the landlord’s
7option to assign the unlawful detainer action to the (name of city
8attorney or prosecutor’s office).

9

10A list of legal assistance providers is provided below. Please
11note, this list is not exclusive and is provided for your information
12only; the (name of city attorney or prosecutor’s office) does not
13endorse or recommend any of the listed agencies.

14

15Sincerely,

16

17(Name of deputy city attorney or city prosecutor)

18Deputy City (Attorney or Prosecutor)

19

20Notice to Tenant: This notice is not a notice of eviction. You
21should call (name of the city attorney or prosecutor pursuing the
22action) at (telephone number) or a legal assistance provider to stop
23the eviction action if any of the following is applicable:

24(1) You are not the person named in this notice.

25(2) The person named in the notice does not live with you.

26(3) The person named in the notice has permanently moved.

27(4) You do not know the person named in the notice.

28(5) You want to request that only the person involved in the
29nuisance be evicted, allowing the other residents to stay.

30(6) You have any other legal defense or legal reason to stop the
31eviction action.

32A list of legal assistance providers is attached to this notice.
33Some provide free legal assistance if you are eligible.”

34

35(ii) The notice shall be provided to the tenant in English and,
36as translated, in all of the languages identified in subdivision (a)
37of Section 1632 of the Civil Code.

38(D) The owner shall, within 30 calendar days of the mailing of
39the written notice, either provide the city prosecutor or city attorney
40with all relevant information pertaining to the unlawful detainer
P39   1case, or provide a written explanation setting forth any
2safety-related reasons for noncompliance, and an assignment to
3the city prosecutor or city attorney of the right to bring an unlawful
4detainer action against the tenant.

5(E) The assignment shall be on a form provided by the city
6prosecutor or city attorney and may contain a provision for costs
7of investigation, discovery, and reasonable attorney’s fees, in an
8amount not to exceed six hundred dollars ($600). An owner shall
9only be required to pay the costs or fees upon acceptance of the
10assignment and the filing of the action for unlawful detainer by
11the city prosecutor or city attorney.

12(F) If the city prosecutor or city attorney accepts the assignment
13of the right of the owner to bring the unlawful detainer action, the
14owner shall retain all other rights and duties, including the handling
15of the tenant’s personal property, following issuance of the writ
16of possession and its delivery to and execution by the appropriate
17agency.

18(2) Upon the failure of the owner to file an action pursuant to
19this section, or to respond to the city prosecutor or city attorney
20as provided in paragraph (1), or having filed an action, if the owner
21fails to prosecute it diligently and in good faith, the city prosecutor
22or city attorney may file and prosecute the action, and join the
23owner as a defendant in the action. This action shall have
24precedence over any similar proceeding thereafter brought by the
25owner, or to one previously brought by the owner and not
26prosecuted diligently and in good faith. Service of the summons
27and complaint upon the defendant owner shall be in accordance
28with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
29Code of Civil Procedure.

30(3) If a jury or court finds the defendant tenant guilty of unlawful
31detainer in a case filed pursuant to paragraph (2), the city
32prosecutor or city attorney may be awarded costs, including the
33costs of investigation and discovery and reasonable attorney’s fees.
34These costs shall be assessed against the defendant owner, to whom
35notice was directed pursuant to paragraph (1), and once an abstract
36of judgment is recorded, it shall constitute a lien on the subject
37real property.

38(4) This section does not prevent a local governing body from
39adopting and enforcing laws, consistent with this article, relating
40to drug abatement. If local laws duplicate or supplement this
P40   1 section, this section shall be construed as providing alternative
2remedies and not preempting the field.

3(5) This section does not prevent a tenant from receiving relief
4against a forfeiture of a lease pursuant to Section 1179 of the Code
5of Civil Procedure.

6(b) In any proceeding brought under this section, the court may,
7upon a showing of good cause, issue a partial eviction ordering
8the removal of any person, including, but not limited to, members
9of the tenant’s household if the court finds that the person has
10engaged in the activities described in subdivision (a). Persons
11removed pursuant to this section may be permanently barred from
12returning to or reentering any portion of the entire premises. The
13court may further order as an express condition of the tenancy that
14the remaining tenants shall not give permission to or invite any
15person who has been removed pursuant to this subdivision to return
16to or reenter any portion of the entire premises.

17(c) For the purposes of this section, “controlled substance
18purpose” means the manufacture, cultivation, importation into the
19state, transportation, possession, possession for sale, sale,
20furnishing, administering, or giving away, or providing a place to
21use or fortification of a place involving, cocaine, phencyclidine,
22heroin, methamphetamine, or any other controlled substance, in a
23violation of subdivision (a) of Section 11350, Section 11351,
2411351.5, 11352, or 11359, subdivision (a) of Section 11360, or
25Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
2611379.6, or 11383 of the Health and Safety Code.

27(d) Notwithstanding subdivision (b) of Section 68097.2 of the
28Government Code, a public entity may waive all or part of the
29costs incurred in furnishing the testimony of a peace officer in an
30 unlawful detainer action brought pursuant to this section.

31(e) The notice and documentation described in paragraph (1)
32of subdivision (a) shall be given in writing and may be given either
33by personal delivery or by deposit in the United States mail in a
34sealed envelope, postage prepaid, addressed to the owner at the
35address known to the public entity giving the notice, or as shown
36on the last equalized assessment roll, if not known. Separate notice
37of not less than 30 calendar days and documentation shall be
38provided to the tenant in accordance with this subdivision. Service
39by mail shall be deemed to be completed at the time of deposit in
40the United States mail. Proof of giving the notice may be made by
P41   1a declaration signed under penalty of perjury by any employee of
2the public entity which shows service in conformity with this
3section.

4(f) In an unlawful detainer action filed pursuant to this section,
5the court shall make one of the following orders:

6(1) If the grounds for an eviction have not been established
7pursuant to this section, the court shall dismiss, without prejudice,
8the unlawful detainer action.

9(2) If the grounds for an eviction have been established pursuant
10to this section, the court shall do either of the following:

11(A) Order that the tenant and all occupants be immediately
12evicted from the property.

13(B) Dismiss the unlawful detainer action with or without
14prejudice or stay execution of an eviction order for a reasonable
15length of time if the tenant establishes by clear and convincing
16evidence that the immediate eviction would pose an extreme
17hardship to the tenant and that this hardship outweighs the health,
18safety, or welfare of the neighbors or surrounding community.
19However, the court shall not find an extreme hardship solely on
20the basis of an economic hardship or the financial inability of the
21tenant to pay for and secure other housing or lodging
22accommodations.

23(3) If the grounds for a partial eviction have been established
24pursuant to subdivision (b), the court shall order that those persons
25be immediately removed and barred from the property, but the
26court shall not order the tenancy be terminated.

27(g) This section applies only in the County of Los Angeles to
28a court having jurisdiction over unlawful detainer cases involving
29real property situated in the City of Los Angeles.

30(h) This section shall become operative on January 1, 2014,
31only if the City of Los Angeles has regularly reported to the
32California Research Bureau as required by this section as it read
33during the period from January 1, 2010, to January 1, 2014,
34inclusive. For purposes of this section, the City of Los Angeles
35shall be deemed to have complied with this reporting requirement
36if the 2013 report to the Legislature by the California Research
37Bureau indicates that the City of Los Angeles has regularly reported
38to the bureau.

39

begin deleteSEC. 33.end delete
40begin insertSEC. 34.end insert  

Section 5910 of the Civil Code is amended to read:

P42   1

5910.  

A fair, reasonable, and expeditious dispute resolution
2procedure shall, at a minimum, satisfy all of the following
3requirements:

4(a) The procedure may be invoked by either party to the dispute.
5A request invoking the procedure shall be in writing.

6(b) The procedure shall provide for prompt deadlines. The
7procedure shall state the maximum time for the association to act
8on a request invoking the procedure.

9(c) If the procedure is invoked by a member, the association
10shall participate in the procedure.

11(d) If the procedure is invoked by the association, the member
12may elect not to participate in the procedure. If the member
13participates but the dispute is resolved other than by agreement of
14the member, the member shall have a right of appeal to the board.

15(e) A written resolution, signed by both parties, of a dispute
16pursuant to the procedure that is not in conflict with the law or the
17governing documents binds the association and is judicially
18enforceable. A written agreement, signed by both parties, reached
19pursuant to the procedure that is not in conflict with the law or the
20governing documents binds the parties and is judicially enforceable.

21(f) The procedure shall provide a means by which the member
22and the association may explain their positions. The member and
23association may be assisted by an attorney or another person in
24explaining their positions at their own cost.

25(g) A member of the association shall not be charged a fee to
26participate in the process.

27

begin deleteSEC. 34.end delete
28begin insertSEC. 35.end insert  

Section 5915 of the Civil Code is amended to read:

29

5915.  

(a) This section applies to an association that does not
30otherwise provide a fair, reasonable, and expeditious dispute
31resolution procedure. The procedure provided in this section is
32fair, reasonable, and expeditious within the meaning of this article.

33(b) Either party to a dispute within the scope of this article may
34invoke the following procedure:

35(1) The party may request the other party to meet and confer in
36an effort to resolve the dispute. The request shall be in writing.

37(2) A member of an association may refuse a request to meet
38and confer. The association shall not refuse a request to meet and
39confer.

40(3) The board shall designate a director to meet and confer.

P43   1(4) The parties shall meet promptly at a mutually convenient
2time and place, explain their positions to each other, and confer
3in good faith in an effort to resolve the dispute. The parties may
4be assisted by an attorney or another person at their own cost when
5conferring.

6(5) A resolution of the dispute agreed to by the parties shall be
7memorialized in writing and signed by the parties, including the
8board designee on behalf of the association.

9(c) A written agreement reached under this section binds the
10parties and is judicially enforceable if it is signed by both parties
11and both of the following conditions are satisfied:

12(1) The agreement is not in conflict with law or the governing
13documents of the common interest development or association.

14(2) The agreement is either consistent with the authority granted
15by the board to its designee or the agreement is ratified by the
16board.

17(d) A member shall not be charged a fee to participate in the
18process.

19

begin deleteSEC. 35.end delete
20begin insertSEC. 36.end insert  

Section 116.222 of the Code of Civil Procedure, as
21added by Section 3 of Chapter 600 of the Statutes of 2005, is
22repealed.

23

begin deleteSEC. 36.end delete
24begin insertSEC. 37.end insert  

The heading of Article 5 (commencing with Section
25142) of Chapter 6 of Title 1 of Part 1 of the Code of Civil
26Procedure
is repealed.

27

begin deleteSEC. 37.end delete
28begin insertSEC. 38.end insert  

The heading of Chapter 1 (commencing with Section
29156) of Title 2 of Part 1 of the Code of Civil Procedure is repealed.

30

begin deleteSEC. 38.end delete
31begin insertSEC. 39.end insert  

Section 398 of the Code of Civil Procedure is
32amended to read:

33

398.  

(a) If a court orders the transfer of an action or proceeding
34for a cause specified in subdivisions (b), (c), and (d) of Section
35397, the action or proceeding shall be transferred to a court having
36jurisdiction of the subject matter of the action upon agreement of
37the parties by stipulation in writing, or in open court and entered
38in the minutes or docket. If the parties do not so agree, the action
39or proceeding shall be transferred to the nearest or most accessible
P44   1court where the like objection or cause for making the order does
2not exist.

3(b) If an action or proceeding is commenced in a court other
4than one designated as a proper court for the trial thereof by the
5provisions of this title, and the same is ordered transferred for that
6reason, the action or proceeding shall be transferred to a proper
7court upon agreement of the parties by stipulation in writing, or
8in open court and entered in the minutes or docket. If the parties
9do not so agree, the action or proceeding shall be transferred to a
10proper court in the county in which the action or proceeding was
11commenced which the defendant may designate or, if there is no
12proper court in that county, to a proper court, in a proper county,
13designated by the defendant. If the defendant does not designate
14the court as herein provided, or if the court orders the transfer of
15an action on its own motion as provided in this title, the action or
16proceeding shall be transferred to the proper court as determined
17by the court in which the action or proceeding is pending.

18(c) The designation of the court by the defendant as provided
19for in subdivision (b), may be made in the notice of motion for
20change of venue or in open court and entered in the minutes or
21docket at the time the order for transfer is made.

22

begin deleteSEC. 39.end delete
23begin insertSEC. 40.end insert  

Section 629 of the Code of Civil Procedure is
24amended to read:

25

629.  

(a) The court, before the expiration of its power to rule
26on a motion for a new trial, either of its own motion, after five
27days’ notice, or on motion of a party against whom a verdict has
28been rendered, shall render judgment in favor of the aggrieved
29party notwithstanding the verdict whenever a motion for a directed
30verdict for the aggrieved party should have been granted had a
31previous motion been made.

32(b) A motion for judgment notwithstanding the verdict shall be
33made within the period specified by Section 659 for the filing and
34service of a notice of intention to move for a new trial. The moving,
35opposing, and reply briefs and any accompanying documents shall
36be filed and served within the periods specified by Section 659a,
37and the hearing on the motion shall be set in the same manner as
38the hearing on a motion for new trial under Section 660. The
39making of a motion for judgment notwithstanding the verdict shall
40not extend the time within which a party may file and serve notice
P45   1of intention to move for a new trial. The court shall not rule upon
2the motion for judgment notwithstanding the verdict until the
3expiration of the time within which a motion for a new trial must
4be served and filed, and if a motion for a new trial has been filed
5with the court by the aggrieved party, the court shall rule upon
6both motions at the same time. The power of the court to rule on
7a motion for judgment notwithstanding the verdict shall not extend
8beyond the last date upon which it has the power to rule on a
9motion for a new trial. If a motion for judgment notwithstanding
10the verdict is not determined before that date, the effect shall be a
11denial of that motion without further order of the court.

12(c) If the motion for judgment notwithstanding the verdict is
13denied and if a new trial is denied, the appellate court shall, if it
14appears that the motion for judgment notwithstanding the verdict
15should have been granted, order judgment to be so entered on
16appeal from the judgment or from the order denying the motion
17for judgment notwithstanding the verdict.

18(d) If a new trial is granted to the party moving for judgment
19notwithstanding the verdict, and the motion for judgment
20notwithstanding the verdict is denied, the order denying the motion
21for judgment notwithstanding the verdict shall nevertheless be
22reviewable on appeal from that order by the aggrieved party. If
23the court grants the motion for judgment notwithstanding the
24verdict or of its own motion directs the entry of judgment
25notwithstanding the verdict and likewise grants the motion for a
26new trial, the order granting the new trial shall be effective only
27if, on appeal, the judgment notwithstanding the verdict is reversed,
28and the order granting a new trial is not appealed from or, if
29appealed from, is affirmed.

30

begin deleteSEC. 40.end delete
31begin insertSEC. 41.end insert  

Section 1277 of the Code of Civil Procedure is
32amended to read:

33

1277.  

(a) (1) If a proceeding for a change of name is
34commenced by the filing of a petition, except as provided in
35subdivisions (b), (c), and (e), the court shall thereupon make an
36order reciting the filing of the petition, the name of the person by
37whom it is filed, and the name proposed. The order shall direct all
38persons interested in the matter to appear before the court at a time
39and place specified, which shall be not less than 6 weeks nor more
40than 12 weeks from the time of making the order, unless the court
P46   1orders a different time, to show cause why the application for
2change of name should not be granted. The order shall direct all
3persons interested in the matter to make known any objection that
4they may have to the granting of the petition for change of name
5by filing a written objection, which includes the reasons for the
6objection, with the court at least two court days before the matter
7is scheduled to be heard and by appearing in court at the hearing
8to show cause why the petition for change of name should not be
9granted. The order shall state that, if no written objection is timely
10filed, the court may grant the petition without a hearing. If the
11petition seeks to conform the petitioner’s name to his or her gender
12identity and no objection is timely filed, the court shall grant the
13petition without a hearing.

14(2) A copy of the order to show cause shall be published
15pursuant to Section 6064 of the Government Code in a newspaper
16of general circulation to be designated in the order published in
17the county. If a newspaper of general circulation is not published
18in the county, a copy of the order to show cause shall be posted
19by the clerk of the court in three of the most public places in the
20county in which the court is located, for a like period. Proof shall
21be made to the satisfaction of the court of this publication or
22posting at the time of the hearing of the application.

23(3) Four weekly publications shall be sufficient publication of
24the order to show cause. If the order is published in a daily
25newspaper, publication once a week for four successive weeks
26shall be sufficient.

27(4) If a petition has been filed for a minor by a parent and the
28other parent, if living, does not join in consenting thereto, the
29petitioner shall cause, not less than 30 days before the hearing, to
30be served notice of the time and place of the hearing or a copy of
31the order to show cause on the other parent pursuant to Section
32413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
33reasonably be accomplished pursuant to Section 415.10 or 415.40,
34the court may order that notice be given in a manner that the court
35determines is reasonably calculated to give actual notice to the
36nonconsenting parent. In that case, if the court determines that
37notice by publication is reasonably calculated to give actual notice
38to the nonconsenting parent, the court may determine that
39publication of the order to show cause pursuant to this subdivision
40is sufficient notice to the nonconsenting parent.

P47   1(5) If the petition for a change of name is sought in order to
2conform the petitioner’s name to his or her gender identity, the
3action for a change of name is exempt from the requirement for
4publication of the order to show cause under this subdivision.

5(b) (1) If the petition for a change of name alleges a reason or
6circumstance described in paragraph (2), and the petitioner has
7established that he or she is an active participant in the address
8confidentiality program created pursuant to Chapter 3.1
9 (commencing with Section 6205) of Division 7 of Title 1 of the
10Government Code, and that the name he or she is seeking to acquire
11is on file with the Secretary of State, the action for a change of
12name is exempt from the requirement for publication of the order
13to show cause under subdivision (a), and the petition and the order
14of the court shall, in lieu of reciting the proposed name, indicate
15that the proposed name is confidential and is on file with the
16Secretary of State pursuant to the provisions of the address
17confidentiality program.

18(2) The procedure described in paragraph (1) applies to petitions
19alleging any of the following reasons or circumstances:

20(A) To avoid domestic violence, as defined in Section 6211 of
21the Family Code.

22(B) To avoid stalking, as defined in Section 646.9 of the Penal
23Code.

24(C) The petitioner is, or is filing on behalf of, a victim of sexual
25assault, as defined in Section 1036.2 of the Evidence Code.

26(3) For any petition under this subdivision, the current legal
27name of the petitioner shall be kept confidential by the court and
28shall not be published or posted in the court’s calendars, indexes,
29or register of actions, as required by Article 7 (commencing with
30Section 69840) of Chapter 5 of Title 8 of the Government Code,
31or by any means or in any public forum, including a hardcopy or
32an electronic copy, or any other type of public media or display.

33(4) Notwithstanding paragraph (3), the court may, at the request
34of the petitioner, issue an order reciting the name of the petitioner
35at the time of the filing of the petition and the new legal name of
36the petitioner as a result of the court’s granting of the petition.

37(5) A petitioner may request that the court file the petition and
38any other papers associated with the proceeding under seal. The
39court may consider the request at the same time as the petition for
P48   1name change, and may grant the request in any case in which the
2court finds that all of the following factors apply:

3(A) There exists an overriding interest that overcomes the right
4of public access to the record.

5(B) The overriding interest supports sealing the record.

6(C) A substantial probability exists that the overriding interest
7will be prejudiced if the record is not sealed.

8(D) The proposed order to seal the records is narrowly tailored.

9(E) No less restrictive means exist to achieve the overriding
10interest.

11(c) A proceeding for a change of name for a witness participating
12in the state Witness Relocation and Assistance Program established
13by Title 7.5 (commencing with Section 14020) of Part 4 of the
14Penal Code who has been approved for the change of name by the
15program is exempt from the requirement for publication of the
16order to show cause under subdivision (a).

17(d) If an application for change of name is brought as part of
18an action under the Uniform Parentage Act (Part 3 (commencing
19with Section 7600) of Division 12 of the Family Code), whether
20as part of a petition or cross-complaint or as a separate order to
21show cause in a pending action thereunder, service of the
22application shall be made upon all other parties to the action in a
23like manner as prescribed for the service of a summons, as set forth
24in Article 3 (commencing with Section 415.10) of Chapter 4 of
25Title 5 of Part 2. Upon the setting of a hearing on the issue, notice
26of the hearing shall be given to all parties in the action in a like
27manner and within the time limits prescribed generally for the type
28of hearing (whether trial or order to show cause) at which the issue
29of the change of name is to be decided.

30(e) If a guardian files a petition to change the name of his or her
31minor ward pursuant to Section 1276:

32(1) The guardian shall provide notice of the hearing to any living
33parent of the minor by personal service at least 30 days before the
34hearing.

35(2) If either or both parents are deceased or cannot be located,
36the guardian shall cause, not less than 30 days before the hearing,
37to be served a notice of the time and place of the hearing or a copy
38of the order to show cause on the child’s grandparents, if living,
39pursuant to Section 413.10, 414.10, 415.10, or 415.40.

40(f) This section shall become operative on July 1, 2014.

P49   1

begin deleteSEC. 41.end delete
2begin insertSEC. 42.end insert  

Section 2030.010 of the Code of Civil Procedure is
3amended to read:

4

2030.010.  

(a) Any party may obtain discovery within the scope
5delimited by Chapter 2 (commencing with Section 2017.010), and
6subject to the restrictions set forth in Chapter 5 (commencing with
7Section 2019.010), by propounding to any other party to the action
8written interrogatories to be answered under oath.

9(b) An interrogatory may relate to whether another party is
10making a certain contention, or to the facts, witnesses, and writings
11on which a contention is based. An interrogatory is not
12objectionable because an answer to it involves an opinion or
13contention that relates to fact or the application of law to fact, or
14would be based on information obtained or legal theories developed
15in anticipation of litigation or in preparation for trial.

16

begin deleteSEC. 42.end delete
17begin insertSEC. 43.end insert  

Section 9321.1 of the Commercial Code is amended
18to read:

19

9321.1.  

A licensee of nonexclusive rights in a motion picture
20that is produced pursuant to one or more collective bargaining
21agreements governed by the laws of the United States takes its
22nonexclusive license in that motion picture subject to any perfected
23security interest securing the obligation to pay residuals as set forth
24in the applicable collective bargaining agreement and arising from
25exploitation under the license. The terms “motion picture” and
26“residuals” have the meaning ascribed to those terms under the
27applicable collective bargaining agreements.

28

begin deleteSEC. 43.end delete
29begin insertSEC. 44.end insert  

The heading of Part 6 (commencing with Section
303601) of Division 3 of the Commercial Code is amended to read:

31 

32Chapter  6. Discharge and Payment
33

 

34

begin deleteSEC. 44.end delete
35begin insertSEC. 45.end insert  

Section 5047 of the Corporations Code is amended
36to read:

37

5047.  

Except as otherwise expressly provided, “directors”
38means natural persons, designated in the articles or bylaws or
39elected by the incorporators, and their successors and natural
40persons designated, elected, or appointed by any other name or
P50   1title to act as members of the governing body of the corporation.
2If the articles or bylaws designate that a natural person is a director
3or a member of the governing body of the corporation by reason
4of occupying a specified position within the corporation or outside
5the corporation, without limiting that person’s right to vote as a
6member of the governing body, that person shall be a director for
7all purposes and shall have the same rights and obligations,
8including voting rights, as the other directors. A person who does
9not have authority to vote as a member of the governing body of
10the corporation, is not a director as that term is used in this division
11regardless of title.

12

begin deleteSEC. 45.end delete
13begin insertSEC. 46.end insert  

Section 12637 of the Corporations Code, as added
14by Section 54 of Chapter 589 of the Statutes of 1996, is amended
15and renumbered to read:

16

12638.  

(a) A corporation in the process of winding up may
17dispose of the known claims against it by following the procedure
18described in this section.

19(b) The written notice to known creditors and claimants required
20by subdivision (c) of Section 12633 shall comply with all of the
21following requirements:

22(1) Describe any information that must be included in a claim.

23(2) Provide a mailing address where a claim may be sent.

24(3) State the deadline, which shall not be fewer than 120 days
25from the effective date of the written notice, by which the
26 corporation must receive the claim.

27(4) State that the claim will be barred if not received by the
28deadline.

29(c) A claim against the corporation is barred if any of the
30following occur:

31(1) A claimant who has been given the written notice under
32subdivision (b) does not deliver the claim to the corporation by
33the deadline.

34(2) A claimant whose claim was rejected by the corporation
35does not commence a proceeding to enforce the claim within 90
36days from the effective date of the rejection notice.

37(d) For purposes of this section, “claim” does not include a
38contingent liability or a claim based on an event occurring after
39the effective date of dissolution.

P51   1

begin deleteSEC. 46.end delete
2begin insertSEC. 47.end insert  

Section 25620 of the Corporations Code is amended
3to read:

4

25620.  

(a) Notwithstanding any other law, the commissioner
5may by rule or order prescribe circumstances under which to accept
6electronic records or electronic signatures. This section does not
7require the commissioner to accept electronic records or electronic
8signatures.

9(b) For purposes of this section, the following terms have the
10following meanings:

11(1) “Electronic record” means a record created, generated, sent,
12communicated, received, or stored by electronic means. “Electronic
13record” also includes, but is not limited to, all of the following:

14(A) An application, amendment, supplement, and exhibit, filed
15for any qualification, registration, order, permit, certificate, license,
16consent, or other authority.

17(B) A financial statement, report, or advertising.

18(C) An order, permit, certificate, license, consent, or other
19authority.

20(D) A notice of public hearing, accusation, and statement of
21issues in connection with any application, qualification,
22registration, order, permit, certificate, license, consent, or other
23authority.

24(E) A proposed decision of a hearing officer and a decision of
25the commissioner.

26(F) The transcripts of a hearing.

27(G) A release, newsletter, interpretive opinion, determination,
28or specific ruling.

29(H) Correspondence between a party and the commissioner
30directly relating to any document listed in subparagraphs (A) to
31(G), inclusive.

32(2) “Electronic signature” means an electronic sound, symbol,
33or process attached to or logically associated with an electronic
34record and executed or adopted by a person with the intent to sign
35the electronic record.

36(c) The Legislature finds and declares that the Department of
37Business Oversight has continuously implemented methods to
38accept records filed electronically, including broker-dealer and
39investment adviser applications, and is encouraged to continue to
40expand its use of electronic filings to the extent feasible, as budget,
P52   1resources, and equipment are made available to accomplish that
2goal.

3

begin deleteSEC. 47.end delete
4begin insertSEC. 48.end insert  

Section 31116 of the Corporations Code is amended
5to read:

6

31116.  

(a) Except as provided in subdivision (b), if no stop
7order under Section 31115 is in effect under this law, registration
8of the offer of franchises automatically becomes effective at 12
9p.m., California time, of the 30th business day after the filing of
10a complete application for registration or the last preeffective
11amendment thereto, or at an earlier time that the commissioner
12determines.

13(b) With respect to any application for registration or the last
14amendment thereto filed between January 1, 1971, and March 15,
151971, if no stop order under Section 31115 is in effect under this
16law, registration becomes effective on April 15, 1971; with respect
17to any application filed after March 15, 1971, and before May 10,
181971, if no stop order under Section 31115 is in effect under this
19law, registration becomes effective on June 1, 1971, or the 15th
20business day after the filing, whichever is the later, or at an earlier
21time that the commissioner determines.

22(c) For purposes of this section, “complete application” means
23an application that contains the appropriate filing fee, Uniform
24Franchise Disclosure Document, and all additional exhibits,
25including financial statements in conformity with regulations of
26the commissioner. “Preeffective amendment” means an amendment
27to an application that is filed before the effective date of the
28registration of the sale of franchises.

29

begin deleteSEC. 48.end delete
30begin insertSEC. 49.end insert  

Section 31121 of the Corporations Code is amended
31to read:

32

31121.  

(a) The registration may be renewed for additional
33periods of one year each, unless the commissioner by rule or order
34specifies a different period, by submitting to the commissioner a
35renewal application before the expiration of the registration. If no
36stop order or other order under Section 31115 is in effect under
37this law, registration of the offer of the franchises automatically
38becomes renewed effective at 12 p.m., California time, of the 30th
39business day after the filing of a complete application for
P53   1registration or the last preeffective amendment or at an earlier time
2that the commissioner determines.

3(b) For purposes of this section, “complete application” means
4an application that contains the appropriate filing fee, Uniform
5Franchise Disclosure Document, and all additional exhibits,
6including financial statements in conformity with regulations of
7the commissioner. “Preeffective amendment” means an amendment
8to an application that is filed before the effective date of the
9registration of the sale of franchises.

10

begin deleteSEC. 49.end delete
11begin insertSEC. 50.end insert  

Section 31158 of the Corporations Code is amended
12to read:

13

31158.  

(a) Notwithstanding any other law, the commissioner
14may by rule or order prescribe circumstances under which to accept
15electronic records or electronic signatures. This section does not
16require the commissioner to accept electronic records or electronic
17signatures.

18(b) For purposes of this section, the following terms have the
19following meanings:

20(1) “Electronic record” means an initial registration application,
21registration renewal statement, preeffective amendment,
22posteffective amendment, or material modification and any other
23record created, generated, sent, communicated, received, or stored
24by electronic means. “Electronic record” also includes, but is not
25limited to, all of the following:

26(A) An application, amendment, supplement, and exhibit, filed
27for any registration, order, license, consent, or other authority.

28(B) A financial statement, report, or advertising.

29(C) An order, license, consent, or other authority.

30(D) A notice of public hearing, accusation, and statement of
31issues in connection with any application, registration, order,
32license, consent, or other authority.

33(E) A proposed decision of a hearing officer and a decision of
34the commissioner.

35(F) The transcripts of a hearing.

36(G) A release, newsletter, interpretive opinion, determination,
37or specific ruling.

38(H) Correspondence between a party and the commissioner
39directly relating to any document listed in subparagraphs (A) to
40(G), inclusive.

P54   1(2) “Electronic signature” means an electronic sound, symbol,
2or process attached to or logically associated with an electronic
3record and executed or adopted by a person with the intent to sign
4the electronic record.

5(c) The Legislature finds and declares that the Department of
6Business Oversight has continuously implemented methods to
7accept records filed electronically, including broker-dealer and
8investment adviser applications, and is encouraged to continue to
9expand its use of electronic filings to the extent feasible, as budget,
10resources, and equipment are made available to accomplish that
11goal.

12

begin deleteSEC. 50.end delete
13begin insertSEC. 51.end insert  

Section 1313 of the Education Code is amended to
14read:

15

1313.  

Each county employee whose status is changed by this
16article, and who is in employment and a member of a county
17retirement system other than one provided by contract with the
18Public Employees’ Retirement System on the date of the change,
19shall become eligible for membership in the Public Employees’
20Retirement System in accordance with the Public Employees’
21Retirement Law with respect to his or her employment thereafter,
22and shall be subject to the reciprocal benefits provided by said
23systems; provided, that the employee may elect to continue in
24membership of the county retirement system with respect to his
25or her employment thereafter, in which event the same
26appropriations and transfers of funds shall be made to the
27retirement fund of the county system for the employee as those
28required of the county under the county retirement law, and these
29amounts shall be legal charges against the county school service
30fund. The election authorized by this section shall be made no later
31than the date preceding the date upon which his status is changed
32in accordance with procedures to be established by the board of
33supervisors, which shall allow at least 30 days to make the election.
34The election once made shall not be rescinded. An employee who
35does not elect to continue membership in the county system shall
36be deemed to have discontinued county employment for purposes
37of the county system at the close of the day preceding the date
38upon which his status changes.

P55   1

begin deleteSEC. 51.end delete
2begin insertSEC. 52.end insert  

Section 2575 of the Education Code is amended to
3read:

4

2575.  

(a) Commencing with the 2013-14 fiscal year and for
5each fiscal year thereafter, the Superintendent shall calculate a
6base entitlement for the transition to the county local control
7funding formula for each county superintendent of schools based
8on the sum of the amounts computed pursuant to paragraphs (1)
9to (3), inclusive, as adjusted pursuant to paragraph (4):

10(1) Revenue limits in the 2012-13 fiscal year pursuant to Article
113 (commencing with Section 2550) of Chapter 12, as that article
12read on January 1, 2013, adjusted only for changes in average daily
13attendance claimed by the county superintendent of schools for
14pupils identified in clauses (i), (ii), and (iii) of subparagraph (A)
15of paragraph (4) of subdivision (c) of Section 2574 and for pupils
16attending juvenile court schools. For purposes of this paragraph,
17the calculation of an amount per unit of average daily attendance
18for pupils attending juvenile court schools shall be considered final
19for purposes of this section as of the annual apportionment for the
202012-13 fiscal year, as calculated for purposes of the certification
21required on or before February 20, 2014, pursuant to Sections
2241332 and 41339. All other average daily attendance claimed by
23the county superintendent of schools and any other average daily
24attendance used for purposes of calculating revenue limits pursuant
25to Article 3 (commencing with Section 2550) of Chapter 12, as
26that article read on January 1, 2013, shall be considered final for
27purposes of this section as of the annual apportionment for the
282012-13 fiscal year, as calculated for purposes of the certification
29required on or before February 20, 2014, pursuant to Sections
3041332 and 41339.

31(2) The sum of all of the following:

32(A) The amount of funding received from appropriations
33contained in Section 2.00 of the Budget Act of 2012, as adjusted
34by Section 12.42, in the following items: 6110-104-0001,
356110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001,
366110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
376110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
386110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
396110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
406110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
P56   16110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
26110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
36110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
46110-268-0001, and 6360-101-0001, 2012-13 fiscal year funding
5for the Class Size Reduction Program pursuant to Chapter 6.10
6(commencing with Section 52120) of Part 28 of Division 4 of Title
72, as that chapter read on January 1, 2013, and 2012-13 fiscal year
8funding for pupils enrolled in community day schools who are
9mandatorily expelled pursuant to subdivision (d) of Section 48915.
10For purposes of this subparagraph, the 2012-13 fiscal year
11appropriations described in this subparagraph shall be considered
12final as of the annual apportionment for the 2012-13 fiscal year,
13as calculated for purposes of the certification required on or before
14February 20, 2014, pursuant to Sections 41332 and 41339.

15(B) The amount of local revenues used to support a regional
16occupational center or program established and maintained by a
17county superintendent of schools pursuant to Section 52301.

18(3) For the 2014-15 fiscal year and for each fiscal year
19thereafter, the sum of the amounts apportioned to the county
20superintendent of schools pursuant to subdivision (f) in all prior
21years.

22(4) The revenue limit amount determined pursuant to paragraph
23(1) shall be increased by the difference determined by subtracting
24the amount provided per unit of average daily attendance in
25paragraph (1) for pupils attending a school that is eligible for
26funding pursuant to paragraph (2) of subdivision (b) of Section
2742285 from the amount of funding that was provided to eligible
28schools in the 2012-13 fiscal year pursuant to Sections 42284 and
2942238.146, as those sections read on January 1, 2013.

30(b) The Superintendent shall annually compute a county local
31control funding formula transition adjustment for each county
32superintendent of schools as follows:

33(1) Subtract the amount computed pursuant to subdivision (a)
34from the amount computed pursuant to subdivision (e) of Section
352574. A difference of less than zero shall be deemed to be zero.

36(2) Divide the difference for each county superintendent of
37schools calculated pursuant to paragraph (1) by the total sum of
38the differences for all county superintendents of schools calculated
39pursuant to paragraph (1).

P57   1(3) Multiply the proportion calculated for each county
2superintendent of schools pursuant to paragraph (2) by the amount
3of funding specifically appropriated for purposes of subdivision
4(f). The amount calculated shall not exceed the difference for the
5county superintendent of schools calculated pursuant to paragraph
6(1).

7(c) The Superintendent shall subtract from the amount calculated
8pursuant to subdivision (a) the sum of each of the following:

9(1) Local property tax revenues received pursuant to Section
102573 in the then current fiscal year.

11(2) Any amounts that the county superintendent of schools was
12required to maintain as restricted and not available for expenditure
13in the 1978-79 fiscal year as specified in the second paragraph of
14subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978,
15as amended by Chapter 51 of the Statutes of 1979.

16(3) The amount received pursuant to subparagraph (C) of
17paragraph (3) of subdivision (a) of Section 33607.5 of the Health
18and Safety Code that is considered property taxes pursuant to that
19section.

20(4) The amount, if any, received pursuant to Sections 34177,
2134179.5, 34179.6, 34183, and 34188 of the Health and Safety
22Code.

23(5) The amount, if any, received pursuant to subparagraph (B)
24of paragraph (3) of subdivision (e) of Section 36 of Article XIII
25of the California Constitution.

26(d) The Superintendent shall subtract from the amount computed
27pursuant to subdivision (e) of Section 2574 the sum of the amounts
28computed pursuant to paragraphs (1) to (5), inclusive, of
29subdivision (c).

30(e) The Superintendent shall annually apportion to each county
31superintendent of schools the amount calculated pursuant to
32subdivision (c) unless the amount computed pursuant to subdivision
33(c) is negative. If the amount computed is negative, except as
34provided in subdivision (f), an amount of property tax of the county
35superintendent of schools equal to the negative amount shall be
36deemed restricted and not available for expenditure during the
37fiscal year. In the following fiscal year, that amount, excluding
38any amount of funds used for purposes of subdivision (f), shall be
39considered restricted local property tax revenue for purposes of
40subdivision (a) of Section 2578. State aid shall not be apportioned
P58   1to the county superintendent of schools pursuant to this subdivision
2if the amount computed pursuant to subdivision (c) is negative.

3(f) (1) The Superintendent shall apportion, from an
4appropriation specifically made for this purpose, the amount
5computed pursuant to subdivision (b), or, if the amount computed
6pursuant to subdivision (c) is negative, the sum of the amounts
7computed pursuant to subdivisions (b) and (c) if the sum is greater
8than zero.

9(2) The Superintendent shall apportion any portion of the
10appropriation made for purposes of paragraph (1) that is not
11apportioned pursuant to paragraph (1) pursuant to the following
12calculation:

13(A) Add the amount calculated pursuant to subdivision (b) to
14the amount computed pursuant to subdivision (a) for a county
15superintendent of schools.

16(B) Subtract the amount computed pursuant to subparagraph
17(A) from the amount computed pursuant to subdivision (e) of
18Section 2574 for the county superintendent of schools.

19(C) Divide the difference for the county superintendent of
20schools computed pursuant to subparagraph (B) by the sum of the
21differences for all county superintendents of schools computed
22pursuant to subparagraph (B).

23(D) Multiply the proportion computed pursuant to subparagraph
24(C) by the unapportioned balance in the appropriation. That product
25shall be the county superintendent of schools’ proportion of total
26need.

27(E) Apportion to each county superintendent of schools the
28amount calculated pursuant to subparagraph (D), or if subdivision
29(c) is negative, apportion the sums of subdivisions (b) and (c) and
30subparagraph (D) of this subdivision if the sum is greater than
31zero.

32(F) The Superintendent shall repeat the computation made
33pursuant to this paragraph, accounting for any additional amounts
34apportioned after each computation, until the appropriation made
35for purposes of paragraph (1) is fully apportioned.

36(G) The total amount apportioned pursuant to this subdivision
37to a county superintendent of schools shall not exceed the
38difference for the county superintendent of schools calculated
39pursuant to paragraph (1) of subdivision (b).

P59   1(H) For purposes of this paragraph, the proportion of need that
2is funded from any appropriation made specifically for purposes
3of this subdivision in the then current fiscal year shall be considered
4fixed as of the second principal apportionment for that fiscal year.
5Adjustments to a county superintendent of schools’ total need
6computed pursuant to subparagraph (D) after the second principal
7apportionment for the then current fiscal year shall be funded based
8on the fixed proportion of need that is funded for that fiscal year
9pursuant to this subdivision, and shall be continuously appropriated
10pursuant to Section 14002.

11(g) (1) For a county superintendent of schools for whom, in the
122013-14 fiscal year, the amount computed pursuant to subdivision
13(c) is less than the amount computed pursuant to subdivision (d),
14in the first fiscal year following the fiscal year in which the sum
15of the apportionments computed pursuant to subdivisions (e) and
16(f) is equal to, or greater than, the amount computed pursuant to
17subdivision (d) of this section, the Superintendent shall apportion
18to the county superintendent of schools the amount computed in
19subdivision (d) in that fiscal year and each fiscal year thereafter
20instead of the amounts computed pursuant to subdivisions (e) and
21(f).

22(2) For a county superintendent of schools for whom, in the
232013-14 fiscal year, the amount computed pursuant to subdivision
24(c) is greater than the amount computed pursuant to subdivision
25(d), in the first fiscal year in which the amount computed pursuant
26to subdivision (c) would be less than the amount computed pursuant
27to subdivision (d), the Superintendent shall apportion to the county
28superintendent of schools the amount computed in subdivision (d)
29in that fiscal year and each fiscal year thereafter instead of the
30amounts computed pursuant to subdivisions (e) and (f).

31(3) In each fiscal year, the Superintendent shall determine the
32percentage of county superintendents of schools that are
33 apportioned funding that is less than the amount computed pursuant
34to subdivision (d), as of the second principal apportionment of the
35fiscal year. If the percentage is less than 10 percent, the
36Superintendent shall apportion to those county superintendents of
37schools funding equal to the amount computed in subdivision (d)
38in that fiscal year and for each fiscal year thereafter instead of the
39amounts calculated pursuant to subdivisions (e) and (f).

P60   1(4) Commencing with the first fiscal year after the
2apportionments in paragraph (3) are made, the adjustments in
3paragraph (4) of subdivision (a) of Section 2574 and subparagraph
4(B) of paragraph (1) of subdivision (c) of Section 2574 shall be
5made only if an appropriation for those purposes is included in the
6annual Budget Act.

7(5) If the calculation pursuant to subdivision (d) is negative and
8the Superintendent apportions to a county superintendent of schools
9the amount computed pursuant to subdivision (d) pursuant to
10paragraph (1), (2), or (3) of this subdivision, an amount of property
11tax of the county superintendent of schools equal to the negative
12amount shall be deemed restricted and not available for expenditure
13during that fiscal year. In the following fiscal year the restricted
14amount shall be considered restricted local property tax revenue
15for purposes of subdivision (a) of Section 2578.

16(h) Commencing with the 2013-14 fiscal year, the
17Superintendent shall apportion to a county superintendent of
18schools an amount of state aid, including any amount apportioned
19pursuant to subdivisions (f) and (g), that is not less than the amount
20calculated in subparagraph (A) of paragraph (2) of subdivision (a).

21(i) (1) For the 2013-14 and 2014-15 fiscal years only, a county
22superintendent of schools who, in the 2012-13 fiscal year, from
23any of the funding sources identified in paragraph (1) or (2) of
24subdivision (a), received funds on behalf of, or provided funds to,
25a regional occupational center or program joint powers agency
26established in accordance with Article 1 (commencing with Section
276500) of Chapter 5 of Division 7 of Title 1 of the Government
28Code for purposes of providing instruction to pupils enrolled in
29grades 9 to 12, inclusive, shall not redirect that funding for another
30purpose unless otherwise authorized by law or pursuant to an
31agreement between the regional occupational center or program
32joint powers agency and the contracting county superintendent of
33schools.

34(2) For the 2013-14 and 2014-15 fiscal years only, if a regional
35occupational center or program joint powers agency established
36in accordance with Article 1 (commencing with Section 6500) of
37Chapter 5 of Division 7 of Title 1 of the Government Code for
38 purposes of providing instruction to pupils enrolled in grades 9 to
3912, inclusive, received, in the 2012-13 fiscal year, an
40apportionment of funds directly from any of the funding sources
P61   1identified in subparagraph (A) of paragraph (2) of subdivision (a),
2the Superintendent shall apportion that same amount to the regional
3occupational center or program joint powers agency.

4(j) For the 2013-14 and 2014-15 fiscal years only, a county
5superintendent of schools who, in the 2012-13 fiscal year, from
6any of the funding sources identified in paragraph (1) or (2) of
7subdivision (a), received funds on behalf of, or provided funds to,
8a home-to-school transportation joint powers agency established
9in accordance with Article 1 (commencing with Section 6500) of
10Chapter 5 of Division 7 of Title 1 of the Government Code for
11purposes of providing pupil transportation shall not redirect that
12funding for another purpose unless otherwise authorized by law
13or pursuant to an agreement between the home-to-school
14transportation joint powers agency and the contracting county
15superintendent of schools.

16(k) (1) In addition to subdivision (j), of the funds a county
17superintendent of schools receives for home-to-school
18transportation programs, the county superintendent of schools shall
19expend, pursuant to Article 2 (commencing with Section 39820)
20of Chapter 1 of Part 23.5 of Division 3 of Title 2, Article 10
21(commencing with Section 41850) of Chapter 5 of Part 24 of
22Division 3 of Title 2, and the Small School District Transportation
23program, as set forth in Article 4.5 (commencing with Section
2442290) of Chapter 7 of Part 24 of Division 3 of Title 2, no less for
25those programs than the amount of funds the county superintendent
26of schools expended for home-to-school transportation in the
272012-13 fiscal year.

28(2) For the 2013-14 and 2014-15 fiscal years only, if a
29home-to-school transportation joint powers agency established in
30accordance with Article 1 (commencing with Section 6500) of
31Chapter 5 of Division 7 of Title 1 of the Government Code for
32purposes of providing pupil transportation received, in the 2012-13
33fiscal year, an apportionment of funds directly from the
34Superintendent from any of the funding sources identified in
35subparagraph (A) of paragraph (2) of subdivision (a), the
36Superintendent shall apportion that same amount to the
37home-to-school transportation joint powers agency.

38(3) For the 2013-14 and 2014-15 fiscal years only, of the funds
39a county superintendent of schools receives for purposes of regional
40occupational centers or programs, or adult education, the county
P62   1superintendent of schools shall expend no less for each of those
2programs than the amount of funds the county superintendent of
3schools expended for purposes of regional occupational centers
4or programs, or adult education, respectively, in the 2012-13 fiscal
5year. For purposes of this paragraph, a county superintendent of
6schools may include expenditures made by a school district within
7the county for purposes of regional occupational centers or
8programs so long as the total amount of expenditures made by the
9school districts and the county superintendent of schools equals
10or exceeds the total amount required to be expended for purposes
11of regional occupational centers or programs pursuant to this
12paragraph and paragraph (7) of subdivision (a) of Section 42238.03.

13(l) The funds apportioned pursuant to this section and Section
142574 shall be available to implement the activities required
15pursuant to Article 4.5 (commencing with Section 52060) of
16Chapter 6.1 of Part 28 of Division 4 of Title 2.

17

begin deleteSEC. 52.end delete
18begin insertSEC. 53.end insert  

Section 2577 of the Education Code is amended to
19read:

20

2577.  

Notwithstanding any other law, revenue limit funding
21for county superintendents of schools for the 2012-13 fiscal year
22and prior fiscal years shall continue to be adjusted pursuant to
23Article 3 (commencing with Section 2550) of Chapter 12, as that
24article read on January 1, 2013.

25

begin deleteSEC. 53.end delete
26begin insertSEC. 54.end insert  

Section 8261 of the Education Code is amended to
27read:

28

8261.  

(a) The Superintendent shall adopt rules and regulations
29pursuant to this chapter. The rules and regulations shall include,
30but not be limited to, provisions that do all of the following:

31(1) Provide clear guidelines for the selection of agencies when
32child development contracts are let, including, but not limited to,
33specification that any agency headquartered in the proposed service
34area on January 1, 1985, will be given priority for a new contract
35in that area, unless the department makes a written determination
36that (A) the agency is not able to deliver the level of services
37specified in the request for proposal, or (B) the department has
38notified the agency that it is not in compliance with the terms of
39its contract.

P63   1(2) Provide for a contract monitoring system to ensure that
2agencies expend funds received pursuant to this chapter in
3accordance with the provisions of their contracts.

4(3) Specify adequate standards of agency performance.

5(4) Establish reporting requirements for service reports,
6including provisions for varying the frequency with which these
7reports are to be submitted on the basis of agency performance.

8(5) Specify standards for withholding payments to agencies that
9fail to submit required fiscal reports.

10(6) Set forth standards for department site visits to contracting
11agencies, including, but not limited to, specification as to the
12purpose of the visits, the personnel that will perform these visits,
13and the frequency of these visits which shall be as frequently as
14staff and budget resources permit. By September 1 of each year,
15the department shall report to the Senate Education, Senate Health
16and Human Services, Assembly Education, and Assembly Human
17Services Committees on the number of visits conducted during
18the previous fiscal year pursuant to this paragraph.

19(7) Authorize the department to develop a process that requires
20every contracting agency to recompete for continued funding no
21less frequently than every five years.

22(b) The Superintendent shall consult with the State Department
23of Social Services with respect to rules and regulations adopted
24relative to the disbursal of federal funds under Title XX of the
25federal Social Security Act.

26(c) For purposes of expediting the implementation of state or
27federal legislation to expand child care services, the Superintendent
28may waive (1) the regulations regarding the point qualifications
29for, and the process and scoring of, interviews of contract
30applicants pursuant to Section 18002 of Title 5 of the California
31Code of Regulations, or (2) the time limitations for scheduling and
32notification of appeal hearings and their results pursuant to Section
3318003 of Title 5 of the California Code of Regulations. The
34Superintendent shall ensure that the appeal hearings provided for
35in Section 18003 of Title 5 of the California Code of Regulations
36are conducted in a timely manner.

37(d) (1) Child care and development programs operated under
38contract from funds made available pursuant to the federal Child
39Care and Development Fund, shall be administered according to
40Chapter 19 (commencing with Section 17906) of Division 1 of
P64   1Title 5 of the California Code of Regulations, unless provisions
2of these regulations conflict with federal regulations. If state and
3federal regulations conflict, the federal regulations shall apply
4unless a waiver of federal regulations is authorized.

5(2) For purposes of this section, “Child Care and Development
6Fund” has the same meaning as in Section 98.2 of Title 45 of the
7Code of Federal Regulations.

8

begin deleteSEC. 54.end delete
9begin insertSEC. 55.end insert  

Section 8273.1 of the Education Code is amended to
10read:

11

8273.1.  

(a) Families receiving services pursuant to
12subparagraph (B) of paragraph (1) of subdivision (b) of Section
138263 may be exempt from family fees for up to three months.

14(b) Families receiving services pursuant to subparagraph (C) of
15paragraph (1) of subdivision (b) of Section 8263 may be exempt
16from family fees for up to 12 months.

17(c) The cumulative period of time of exemption from family
18fees for families receiving services pursuant to paragraph (1) of
19subdivision (b) of Section 8263 shall not exceed 12 months.

20(d) Notwithstanding any other law, a family receiving
21CalWORKs cash aid shall not be charged a family fee.

22(e) Notwithstanding any other law, commencing with the
232014-15 fiscal year, family fees shall not be assessed for the
24part-day California preschool program to income eligible families
25whose children are enrolled in that program pursuant to Article 7
26(commencing with Section 8235).

27

begin deleteSEC. 55.end delete
28begin insertSEC. 56.end insert  

Section 8350.5 of the Education Code, as added by
29Section 3 of Chapter 329 of the Statutes of 1998, is repealed.

30

begin deleteSEC. 56.end delete
31begin insertSEC. 57.end insert  

Section 8363.1 of the Education Code is amended to
32read:

33

8363.1.  

(a) On or before July 1, 2016, the Commission on
34Teacher Credentialing shall review, and update if appropriate, the
35requirements for the issuance and renewal of permits authorizing
36service in the care, development, and instruction of children in
37child care and development programs and permits authorizing
38supervision of a child care and development program.

P65   1(b) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

4

begin deleteSEC. 57.end delete
5begin insertSEC. 58.end insert  

Section 8450 of the Education Code is amended to
6read:

7

8450.  

(a) All child development contractors are encouraged
8to develop and maintain a reserve within the child development
9fund, derived from earned but unexpended funds. Child
10development contractors may retain all earned funds. For purposes
11of this section, “earned funds” are those for which the required
12number of eligible service units have been provided.

13(b) (1) Earned funds shall not be expended for activities
14proscribed by Section 8406.7. Earned but unexpended funds shall
15remain in the contractor’s reserve account within the child
16development fund and shall be expended only by direct service
17child development programs that are funded under contract with
18the department.

19(2) (A) Commencing July 1, 2011, a contractor may retain a
20reserve fund balance, separate from the reserve fund retained
21pursuant to subdivision (c) or (d), equal to 5 percent of the sum of
22the maximum reimbursable amounts of all contracts to which the
23contractor is a party, or two thousand dollars ($2,000), whichever
24is greater. This subparagraph applies to direct service child
25development contracting agencies that are funded under contract
26with the department and are not a California state preschool
27program contracting agency.

28(B) A California state preschool program contracting agency
29may retain a reserve fund balance, separate from the reserve fund
30retained pursuant to subdivision (c) or (d), equal to 15 percent of
31the sum of the maximum reimbursable amounts of all contracts to
32which the contractor is a party, or two thousand dollars ($2,000),
33whichever is greater. Of the 15 percent retained, 10 percent shall
34solely be used for purposes of professional development for
35California state preschool program instructional staff. This
36subparagraph applies to California state preschool program
37contracting agencies that are funded under contract with the
38department.

39(c) Notwithstanding subdivisions (a) and (b), a contractor may
40retain a reserve fund balance for a resource and referral program,
P66   1separate from the balance retained pursuant to subdivision (b) or
2(d), not to exceed 3 percent of the contract amount. Funds from
3this reserve account may be expended only by resource and referral
4programs that are funded under contract with the department.

5(d) Notwithstanding subdivisions (a) and (b), a contractor may
6retain a reserve fund balance for alternative payment model and
7certificate child care contracts, separate from the reserve fund
8retained pursuant to subdivisions (b) and (c). Funds from this
9reserve account may be expended only by alternative payment
10model and certificate child care programs that are funded under
11contract with the department. The reserve amount allowed by this
12subdivision may not exceed either of the following, whichever is
13greater:

14(1) Two percent of the sum of the parts of each contract to which
15that contractor is a party that is allowed for administration pursuant
16to Section 8276.7 and that is allowed for supportive services
17pursuant to the provisions of the contract.

18(2) One thousand dollars ($1,000).

19(e) Each contractor’s audit shall identify any funds earned by
20the contractor for each contract through the provision of contracted
21services in excess of funds expended.

22(f) Any interest earned on reserve funds shall be included in the
23 fund balance of the reserve. This reserve fund shall be maintained
24in an interest-bearing account.

25(g) Moneys in a contractor’s reserve fund may be used only for
26expenses that are reasonable and necessary costs as defined in
27subdivision (n) of Section 8208.

28(h) Any reserve fund balance in excess of the amount authorized
29pursuant to subdivisions (b), (c), and (d) shall be returned to the
30department pursuant to procedures established by the department.

31(i) Upon termination of all child development contracts between
32a contractor and the department, all moneys in a contractor’s
33reserve fund shall be returned to the department pursuant to
34procedures established by the department.

35(j) Expenditures from, additions to, and balances in, the reserve
36fund shall be included in the contracting agency’s annual financial
37statements and audit.

38

begin deleteSEC. 58.end delete
39begin insertSEC. 59.end insert  

Section 8483.55 of the Education Code is amended
40to read:

P67   1

8483.55.  

(a) From the funds appropriated pursuant to
2subdivision (b) of Section 8483.5, the department may spend 1.5
3percent to cover evaluation costs and to provide training and
4support to ensure quality program implementation, development,
5and sustainability and may pay its costs of awarding and monitoring
6grants.

7(b) Beginning with the 2006-07 fiscal year, 1.5 percent of the
8funds appropriated pursuant to this article shall be available to the
9department for purposes of providing technical assistance,
10evaluation, and training services, and for providing local assistance
11funds to support program improvement and technical assistance.

12(1) The department shall provide directly, or contract for,
13technical assistance for new programs and any program that is not
14meeting attendance or performance goals, or both, and requests
15that assistance. The department shall allocate an appropriate level
16of technical assistance funds to the regional system of support to
17support program startup within 45 days after grant awards to
18programs.

19(2) (A) Training and support shall include, but is not limited
20to, the development and distribution of voluntary guidelines for
21physical activity programs established pursuant to paragraph (1)
22of subdivision (c) of Section 8482.3, that expand the learning
23opportunities of the schoolday.

24(B) The department shall distribute these voluntary guidelines
25for physical activity programs on or before July 1, 2009.

26(c) The department shall contract for an independent statewide
27evaluation of the effectiveness of programs funded pursuant to
28this article to be prepared and submitted to the Legislature. The
29evaluation shall include a comparison of outcomes for participating
30pupils and similarly situated pupils who did not participate in the
31program. A report shall be submitted to the Governor and the
32Legislature on or before October 1, 2011, providing data that
33includes, but is not limited to, all of the following:

34(1) Data collected pursuant to Section 8484.

35(2) Data adopted through the process outlined in subdivision
36(b) of Section 8421.5 and subdivision (g) of Section 8482.4.

37(3) Number and type of sites and grantees participating in the
38program.

39(4) Pupil program attendance, as reported semiannually, and
40pupil schoolday attendance, as reported annually.

P68   1(5) Pupil program participation rates.

2(6) Quality of program drawing on the research of the Academy
3of Sciences on critical features of programs that support healthy
4youth development.

5(7) The participation rates of local educational agencies.

6(8) Local partnerships.

7(9) The academic performance of participating pupils in English
8language arts and mathematics, as measured by the results of the
9Standardized Testing and Reporting (STAR) Program established
10pursuant to Section 60640.

11(d) A final report shall be submitted to the Governor and the
12Legislature on or before December 1, 2011. The final report shall
13include, but not be limited to, all of the following:

14(1) Updated data on the measures specified in subdivision (b),
15including, but not limited to, changes in those measures.

16(2) The prevalence and frequency of activities included in
17funded programs.

18

begin deleteSEC. 59.end delete
19begin insertSEC. 60.end insert  

Section 8490.1 of the Education Code is amended to
20read:

21

8490.1.  

For purposes of this article, the following definitions
22shall apply:

23(a) “After school program” means the After School Education
24and Safety Program (ASES), the 21st Century High School After
25School Safety and Enrichment for Teens (High School ASSETs)
26program, and other qualified out-of-school time programs that
27serve schoolage children outside of regular school hours, including
28before school and on weekends.

29(b) “DASH recognition program” means the Distinguished After
30School Health Recognition Program established pursuant to this
31article.

32(c) “Program attendee” means a person enrolled in an after
33school program.

34(d) “Screen time” means time spent viewing or working on
35television, videos, computers, and hand-held devices, with or
36without Internet access.

37

begin deleteSEC. 60.end delete
38begin insertSEC. 61.end insert  

Section 9004 of the Education Code is amended to
39read:

P69   1

9004.  

The department shall select grant recipients from the
2northern, southern, and central regions of the state and from urban,
3rural, and suburban areas, so that the recipients are broadly
4representative of the state.

5

begin deleteSEC. 61.end delete
6begin insertSEC. 62.end insert  

Chapter 17 (commencing with Section 11600) of Part
77 of Division 1 of Title 1 of the Education Code is repealed.

8

begin deleteSEC. 62.end delete
9begin insertSEC. 63.end insert  

The heading of Article 2 (commencing with Section
1012210) of Chapter 2 of Part 8 of Division 1 of Title 1 of the 11Education Code is repealed.

12

begin deleteSEC. 63.end delete
13begin insertSEC. 64.end insert  

Section 17199.4 of the Education Code is amended
14to read:

15

17199.4.  

(a) Notwithstanding any other law, any participating
16party, in connection with securing financing or refinancing of
17projects, or working capital pursuant to this chapter, may, in
18accordance with this section, elect to provide for funding, in whole
19or in part, one or more of the following:

20(1) Payments on authority bonds.

21(2) Payments under credit enhancement or liquidity support
22agreements in connection with authority bonds.

23(3) Amounts pledged or assigned under one or more pledges or
24assignments to pay authority bonds or obligations under these
25credit enhancement or liquidity support agreements.

26(4) Payments to fund reserves available to pay any of the
27payments described in paragraphs (1), (2), and (3), exclusively
28until paid.

29(5) Fees and charges contemplated by the instruments of the
30authority, trustees, tender agents, remarketing agents, credit
31enhancement and liquidity support providers, and service providers.

32(6) Any other costs necessary or incidental to any financing or
33refinancing conducted under this chapter.

34(b) The payments made pursuant to subdivision (a) may be in
35connection with a financing or refinancing benefiting the
36participating party itself, one or more other participating parties,
37or any combination thereof.

38(c) To participate under this section, the participating party shall
39do all of the following:

P70   1(1) Elect to participate by an action of its governing board taken
2in compliance with the rules of that board.

3(2) Provide written notice to the Controller, no later than the
4date of the issuance of the bonds or 60 days before the next
5payment, whichever is later, of all of the following:

6(A) Its election to participate.

7(B) A schedule of the payments subject to that election.

8(C) The payee or payees of those payments, or the trustee or
9agent on their behalf to receive those payments.

10(D) (i) Payment delivery instructions, which may be by wire
11transfer or other method approved by the Controller.

12(ii) If the method of payment delivery is wire transfer, the
13participating party shall complete and submit the appropriate
14authorization form as prescribed by the Controller.

15(d) The participating party may amend, supplement, or restate
16the notice required pursuant to paragraph (2) of subdivision (c)
17for any reason, including, but not necessarily limited to, providing
18for new or increased payments. The participating party shall certify
19in the notice and in any amendment, supplement, or restatement
20of the notice that each and every payment reflected in the schedule
21is a payment described in subdivision (a) and the amounts
22scheduled do not exceed the actual or reasonably estimated
23payment obligations to be funded pursuant to this section. The
24participating party shall also represent in the notice that it is not
25submitting the notice for the purpose of accelerating a participating
26party’s receipt of its apportionments. Nothing in this section
27prohibits transfer by the recipient of an apportionment under this
28section to the participating party submitting the notice of the excess
29apportionment above the amount needed to fund actual payments
30where the excess resulted from erroneous estimation of scheduled
31payments or otherwise.

32(e) Upon receipt of the notice required by paragraph (2) of
33subdivision (c), the Controller shall make an apportionment to the
34indicated recipient on the date, or during the period, shown in the
35schedule in accordance with the following:

36(1) If the participating party requests transfers in full as
37scheduled, in the amount of the scheduled transfer or such lesser
38amount as is available from the sources indicated in subdivision
39(f).

P71   1(2) If the participating party does not request transfers in full
2as scheduled, in the amount of the anticipated deficiency for the
3purpose of making the required payment indicated in a written
4request of the participating party to the Controller and in the
5amount of the actual shortfall in payment indicated in a written
6request of the recipient or the participating party to the Controller
7or whatever lesser amount is available from the sources indicated
8in subdivision (f).

9(3) To the extent funds available for an apportionment are
10insufficient to pay the amount set forth in a schedule in any period,
11the Controller shall, if and as requested in the notice, reschedule
12the payment of all or a portion of the deficiency to a subsequent
13period.

14(4) In making apportionments under this section, the Controller
15may rely conclusively and without liability on any notice or request
16delivered under this section, including any notice of request
17delivered before enactment of the act that adds this paragraph. The
18Controller may make, but is not obligated to make, apportionments
19not reflected on a notice or on an amended, supplemented, or
20restated notice delivered under this section that the Controller
21receives less than 20 days before when the apportionment would
22otherwise be required.

23(f) The Controller shall make an apportionment under this
24section only from moneys designated for apportionment to the
25participating party delivering the notice, and only from one or both
26of the following:

27(1) Any funding apportioned for purposes of revenue limits or
28the local control funding formula pursuant to Section 42238.02,
29as implemented by Section 42238.03, to a school district or county
30office of education without regard to the specific funding source
31of the apportionment.

32(2) Any funding apportioned for purposes of the charter school
33block grant or the local control funding formula pursuant to Section
3442238.02, as implemented by Section 42238.03, to a charter school
35without regard to the specific funding source of the apportionment.

36(g) (1) The amount apportioned for a participating party
37pursuant to this section shall be deemed to be an allocation to the
38participating party, and shall be included in the computation of
39allocation, limit, entitlement, or apportionment for the participating
40party.

P72   1(2) The participating party and its creditors do not have a claim
2to funds apportioned or anticipated to be apportioned by the
3Controller pursuant to this section.

4(h) (1) The authority may require participation under this section
5under the terms of any financing or refinancing under this chapter
6to provide for one or more of the payments described in paragraphs
7(1), (2), (3), and (4) of subdivision (a). The authority may impose
8limits on new participation under this section. The authority may
9require participating parties to apply to the authority for
10participation. If the authority limits participation under this section,
11the authority shall consider each of the following priorities in
12making participation available:

13(A) First priority shall be given to participating parties that apply
14for funding for instructional classroom space under this chapter.

15(B) Second priority shall be given to participating parties that
16apply for funding of modernization of instructional classroom
17space under this chapter.

18(C) Third priority shall be given to participating parties that
19apply for funding under this chapter for any other eligible costs,
20as defined in Section 17173.

21(2) The authority shall prioritize applications at appropriate
22intervals.

23(3) A school district electing to participate under this section
24that has applied for revenue bond moneys for purposes of joint
25venture school facilities construction projects, pursuant to Article
265 (commencing with Section 17060) of Chapter 12, shall not be
27subject to the priorities set forth in paragraph (1).

28(i) This section shall not be construed to make the State of
29California liable for any payments within the meaning of Section
301 of Article XVI of the California Constitution.

31(j) A school district that has a qualified or negative certification
32pursuant to Section 42131, or a county office of education that has
33a qualified or negative certification pursuant to Section 1240, may
34not participate under this section.

35(k) This section does not obligate the State of California to make
36available the sources of apportionment under subdivision (f) in
37any amount or at any time or, except as provided in this section,
38to fund any payment described in this section. The addition of this
39subdivision is intended solely to clarify existing law.

P73   1

begin deleteSEC. 64.end delete
2begin insertSEC. 65.end insert  

Section 17592.74 of the Education Code is amended
3to read:

4

17592.74.  

Notwithstanding any other law, the funds provided
5to school districts from the School Facilities Emergency Repair
6Account pursuant to this article for the purpose of emergency repair
7grants shall not be deposited into a school district deferred
8maintenance fund for purposes described in Section 17582.

9

begin deleteSEC. 65.end delete
10begin insertSEC. 66.end insert  

The heading of Chapter 11 (commencing with Section
1119900) of Part 11 of Division 1 of Title 1 of the Education Code,
12as enacted by Chapter 1010 of the Statutes of 1976, is amended
13and renumbered to read:

14 

15Chapter  10.5. Miscellaneous Provisions
16

 

17

begin deleteSEC. 66.end delete
18begin insertSEC. 67.end insert  

The heading of Article 1 (commencing with Section
1932200) of Chapter 2 of Part 19 of Division 1 of Title 1 of the 20Education Code is repealed.

21

begin deleteSEC. 67.end delete
22begin insertSEC. 68.end insert  

Section 32282 of the Education Code is amended to
23read:

24

32282.  

(a) The comprehensive school safety plan shall include,
25but not be limited to, both of the following:

26(1) Assessing the current status of school crime committed on
27school campuses and at school-related functions.

28(2) Identifying appropriate strategies and programs that will
29provide or maintain a high level of school safety and address the
30school’s procedures for complying with existing laws related to
31school safety, which shall include the development of all of the
32following:

33(A) Child abuse reporting procedures consistent with Article
342.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
35Part 4 of the Penal Code.

36(B) Disaster procedures, routine and emergency, including
37adaptations for pupils with disabilities in accordance with the
38federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
3912101 et seq.). The disaster procedures shall also include, but not
40be limited to, both of the following:

P74   1(i) Establishing an earthquake emergency procedure system in
2every public school building having an occupant capacity of 50
3or more pupils or more than one classroom. A school district or
4county office of education may work with the Office of Emergency
5Services and the Alfred E. Alquist Seismic Safety Commission to
6develop and establish the earthquake emergency procedure system.
7The system shall include, but not be limited to, all of the following:

8(I) A school building disaster plan, ready for implementation
9at any time, for maintaining the safety and care of pupils and staff.

10(II) A drop procedure whereby each pupil and staff member
11takes cover under a table or desk, dropping to his or her knees,
12with the head protected by the arms, and the back to the windows.
13A drop procedure practice shall be held at least once each school
14quarter in elementary schools and at least once a semester in
15secondary schools.

16(III) Protective measures to be taken before, during, and
17following an earthquake.

18(IV) A program to ensure that pupils and both the certificated
19and classified staff are aware of, and properly trained in, the
20earthquake emergency procedure system.

21(ii) Establishing a procedure to allow a public agency, including
22the American Red Cross, to use school buildings, grounds, and
23equipment for mass care and welfare shelters during disasters or
24other emergencies affecting the public health and welfare. The
25school district or county office of education shall cooperate with
26the public agency in furnishing and maintaining the services as
27the school district or county office of education may deem
28necessary to meet the needs of the community.

29(C) Policies pursuant to subdivision (d) of Section 48915 for
30pupils who committed an act listed in subdivision (c) of Section
3148915 and other school-designated serious acts which would lead
32to suspension, expulsion, or mandatory expulsion recommendations
33pursuant to Article 1 (commencing with Section 48900) of Chapter
346 of Part 27 of Division 4 of Title 2.

35(D) Procedures to notify teachers of dangerous pupils pursuant
36to Section 49079.

37(E) A discrimination and harassment policy consistent with the
38prohibition against discrimination contained in Chapter 2
39(commencing with Section 200) of Part 1.

P75   1(F) The provisions of any schoolwide dress code, pursuant to
2Section 35183, that prohibits pupils from wearing “gang-related
3apparel,” if the school has adopted that type of a dress code. For
4those purposes, the comprehensive school safety plan shall define
5“gang-related apparel.” The definition shall be limited to apparel
6that, if worn or displayed on a school campus, reasonably could
7be determined to threaten the health and safety of the school
8environment. A schoolwide dress code established pursuant to this
9section and Section 35183 shall be enforced on the school campus
10and at any school-sponsored activity by the principal of the school
11or the person designated by the principal. For purposes of this
12paragraph, “gang-related apparel” shall not be considered a
13protected form of speech pursuant to Section 48950.

14(G) Procedures for safe ingress and egress of pupils, parents,
15and school employees to and from school.

16(H) A safe and orderly environment conducive to learning at
17the school.

18(I) The rules and procedures on school discipline adopted
19pursuant to Sections 35291 and 35291.5.

20(b) It is the intent of the Legislature that schools develop
21comprehensive school safety plans using existing resources,
22including the materials and services of the partnership, pursuant
23to this chapter. It is also the intent of the Legislature that schools
24use the handbook developed and distributed by the School/Law
25Enforcement Partnership Program entitled “Safe Schools: A
26Planning Guide for Action” in conjunction with developing their
27plan for school safety.

28(c) Each schoolsite council or school safety planning committee,
29in developing and updating a comprehensive school safety plan,
30shall, where practical, consult, cooperate, and coordinate with
31other schoolsite councils or school safety planning committees.

32(d) The comprehensive school safety plan may be evaluated
33and amended, as needed, by the school safety planning committee,
34but shall be evaluated at least once a year, to ensure that the
35comprehensive school safety plan is properly implemented. An
36updated file of all safety-related plans and materials shall be readily
37available for inspection by the public.

38(e) As comprehensive school safety plans are reviewed and
39updated, the Legislature encourages all plans, to the extent that
P76   1resources are available, to include policies and procedures aimed
2at the prevention of bullying.

3(f) The comprehensive school safety plan, as written and updated
4by the schoolsite council or school safety planning committee,
5shall be submitted for approval pursuant to subdivision (a) of
6Section 32288.

7

begin deleteSEC. 68.end delete
8begin insertSEC. 69.end insert  

Section 32289 of the Education Code, as added by
9Section 1 of Chapter 272 of the Statutes of 2004, is repealed.

10

begin deleteSEC. 69.end delete
11begin insertSEC. 70.end insert  

Section 32289 of the Education Code, as added by
12Section 29 of Chapter 896 of the Statutes of 2004, is amended to
13read:

14

32289.  

A complaint of noncompliance with the school safety
15planning requirements of Title IV of the federal No Child Left
16Behind Act of 2001 (20 U.S.C. Sec. 7114 (d)(7)) may be filed with
17the department under the Uniform Complaint Procedures as set
18forth in Chapter 5.1 (commencing with Section 4600) of Title 5
19of the California Code of Regulations.

20

begin deleteSEC. 70.end delete
21begin insertSEC. 71.end insert  

The heading of Article 7 (commencing with Section
2233390) of Chapter 3 of Part 20 of Division 2 of Title 2 of the 23Education Code is repealed.

24

begin deleteSEC. 71.end delete
25begin insertSEC. 72.end insert  

Section 35035 of the Education Code is amended to
26read:

27

35035.  

The superintendent of each school district shall, in
28addition to other powers and duties granted to or imposed upon
29him or her:

30(a) Be the chief executive officer of the governing board of the
31school district.

32(b) Except in a school district where the governing board has
33appointed or designated an employee other than the superintendent,
34or a deputy, or assistant superintendent, to prepare and submit a
35budget, prepare and submit to the governing board of the school
36district, at the time it may direct, the budget of the school district
37for the next ensuing school year, and revise and take other action
38in connection with the budget as the governing board of the school
39district may desire.

P77   1(c) Be responsible for the preparation and submission to the
2governing board of the school district, at the time the governing
3board may direct, the local control and accountability plan of the
4school district for the subsequent school year, and revise and take
5other action in connection with the local control and accountability
6plan as the governing board of the school district may desire.

7(d) Except in a school district where the governing board has
8appointed or designated an employee other than the superintendent,
9or a deputy, or assistant superintendent, ensure that the local control
10and accountability plan is implemented.

11(e) Subject to the approval of the governing board of the school
12district, assign all employees of the school district employed in
13positions requiring certification qualifications to the positions in
14which they are to serve. This power to assign includes the power
15to transfer a teacher from one school to another school at which
16the teacher is certificated to serve within the school district when
17the superintendent concludes that the transfer is in the best interest
18of the school district.

19(f) Upon adoption by the school district board of a school district
20policy concerning transfers of teachers from one school to another
21school within the school district, have authority to transfer teachers
22consistent with that policy.

23(g) Determine that each employee of the school district in a
24position requiring certification qualifications has a valid certificated
25document registered as required by law authorizing him or her to
26serve in the position to which he or she is assigned.

27(h) Enter into contracts for and on behalf of the school district
28pursuant to Section 17604.

29(i) Submit financial and budgetary reports to the governing
30board of the school district as required by Section 42130.

31

begin deleteSEC. 72.end delete
32begin insertSEC. 73.end insert  

Section 35735.1 of the Education Code is amended
33to read:

34

35735.1.  

(a) The local control funding formula allocation per
35unit of average daily attendance for newly organized school
36districts shall be equal to the total of the amount of the local control
37funding formula allocation pursuant to Section 42238.02, as
38implemented by Section 42238.03, per unit of average daily
39attendance of the affected school districts computed pursuant to
40the computations set forth below. The following computations
P78   1shall be made to determine the local control funding formula
2allocation pursuant to Section 42238.02, as implemented by Section
342238.03, per unit of average daily attendance for newly organized
4school districts:

5(1) Based on the current information available for each affected
6school district for the second principal apportionment period for
7 the fiscal year before the fiscal year in which the reorganization
8is to become effective, multiply the local control funding formula
9allocation pursuant to Section 42238.02, as implemented by Section
1042238.03, per unit of average daily attendance for that school
11district by the number of units of average daily attendance for that
12school district that the county superintendent of schools determines
13will be included in the proposed school district.

14(2) Add the amounts calculated pursuant to paragraph (1) and
15divide that sum by the number of units of average daily attendance
16in the newly organized school districts.

17(b) The amount determined pursuant to subdivision (a) shall be
18the local control funding formula allocation pursuant to Section
1942238.02, as implemented by Section 42238.03, per unit of average
20daily attendance for newly organized school districts.

21(c) The average daily attendance of a newly organized school
22district, for purposes of Sections 42238.02 and 42238.03, shall be
23the average daily attendance that is attributable to the area
24reorganized for the fiscal year before the fiscal year in which the
25new school district becomes effective for all purposes.

26(d) Notwithstanding this section, commencing with the 2013-14
27fiscal year, a newly reorganized school district shall receive
28state-aid funding pursuant to paragraph (3) of subdivision (b) of
29Section 42238.03 or the total combined per pupil funding amount
30received by each school district pursuant to paragraphs (1) and (2)
31of subdivision (a) of Section 42238.03 for the fiscal year before
32the fiscal year in which the new school district becomes effective
33for all purposes, whichever is greater.

34(e) Notwithstanding any other law, this section shall not be
35subject to waiver by the state board pursuant to Section 33050 or
36by the Superintendent.

37(f) Upon a determination that all school districts or charter
38schools equal or exceed the local control funding formula target
39computed pursuant to Section 42238.02 as determined by the
40calculation of a zero difference pursuant to paragraph (1) of
P79   1subdivision (b) of Section 42238.03, for all school districts and
2charter schools, this section shall not apply and newly reorganized
3school districts shall receive an allocation equal to the amount
4calculated under Section 42238.02 in that fiscal year and future
5fiscal years.

6

begin deleteSEC. 73.end delete
7begin insertSEC. 74.end insert  

The heading of Chapter 3 (commencing with Section
837400) of Part 22 of Division 3 of Title 2 of the Education Code
9 is repealed.

10

begin deleteSEC. 74.end delete
11begin insertSEC. 75.end insert  

Section 38047.5 of the Education Code is amended
12and renumbered to read:

13

39831.1.  

The state board shall adopt regulations to require a
14passenger in a schoolbus equipped with passenger restraint systems
15in accordance with Section 27316 of the Vehicle Code to use a
16passenger restraint system so that the passenger is properly
17restrained by that system.

18

begin deleteSEC. 75.end delete
19begin insertSEC. 76.end insert  

Section 38047.6 of the Education Code is amended
20and renumbered to read:

21

39831.2.  

The state board shall adopt regulations to require a
22passenger in a school pupil activity bus equipped with passenger
23restraint systems in accordance with Section 27316.5 of the Vehicle
24Code to use a passenger restraint system so that the passenger is
25properly restrained by that system.

26

begin deleteSEC. 76.end delete
27begin insertSEC. 77.end insert  

Section 39672 of the Education Code is amended and
28renumbered to read:

29

38001.6.  

(a) Every school peace officer first employed by a
30K-12 public school district before July 1, 1999, shall, in order to
31retain his or her employment, fulfill both of the following
32conditions:

33(1) The employee shall submit to the school district one copy
34of his or her fingerprints on forms prescribed by the Department
35of Justice. The Department of Justice shall forward this copy to
36the United States Federal Bureau of Investigation.

37(2) The employee shall be determined to be a person who is not
38prohibited from employment by a school district pursuant to
39Sections 44237 and 45122.1, and, if the employee is required to
P80   1carry a firearm, shall be determined by the Department of Justice
2to be a person who is not prohibited from possessing a firearm.

3(b) The Department of Justice may participate in the National
4Instant Criminal Background Check System (NICS) in lieu of
5submitting fingerprints to the United States Federal Bureau of
6Investigation in order to meet the requirements of this section
7relating to firearms.

8

begin deleteSEC. 77.end delete
9begin insertSEC. 78.end insert  

Section 41020 of the Education Code is amended to
10read:

11

41020.  

(a) It is the intent of the Legislature to encourage sound
12fiscal management practices among local educational agencies for
13the most efficient and effective use of public funds for the
14education of children in California by strengthening fiscal
15accountability at the school district, county, and state levels.

16(b) (1) Not later than the first day of May of each fiscal year,
17each county superintendent of schools shall provide for an audit
18of all funds under his or her jurisdiction and control and the
19governing board of each local educational agency shall either
20provide for an audit of the books and accounts of the local
21educational agency, including an audit of income and expenditures
22by source of funds, or make arrangements with the county
23 superintendent of schools having jurisdiction over the local
24educational agency to provide for that auditing.

25(2) A contract to perform the audit of a local educational agency
26that has a disapproved budget or has received a negative
27certification on any budget or interim financial report during the
28current fiscal year or either of the two preceding fiscal years, or
29for which the county superintendent of schools has otherwise
30determined that a lack of going concern exists, is not valid unless
31approved by the responsible county superintendent of schools and
32the governing board.

33(3) If the governing board of a local educational agency has not
34provided for an audit of the books and accounts of the local
35educational agency by April 1, the county superintendent of schools
36having jurisdiction over the local educational agency shall provide
37for the audit of each local educational agency.

38(4) An audit conducted pursuant to this section shall comply
39fully with the Government Auditing Standards issued by the
40Comptroller General of the United States.

P81   1(5) For purposes of this section, “local educational agency” does
2not include community colleges.

3(c) Each audit conducted in accordance with this section shall
4include all funds of the local educational agency, including the
5student body and cafeteria funds and accounts and any other funds
6under the control or jurisdiction of the local educational agency.
7Each audit shall also include an audit of pupil attendance
8procedures. Each audit shall include a determination of whether
9funds were expended pursuant to a local control and accountability
10plan or an approved annual update to a local control and
11accountability plan pursuant to Article 4.5 (commencing with
12Section 52060) of Chapter 6.1 of Part 28 of Division 4.

13(d) All audit reports for each fiscal year shall be developed and
14reported using a format established by the Controller after
15consultation with the Superintendent and the Director of Finance.

16(e) (1) The cost of the audits provided for by the county
17superintendent of schools shall be paid from the county school
18service fund and the county superintendent of schools shall transfer
19the pro rata share of the cost chargeable to each school district
20from school district funds.

21(2) The cost of the audit provided for by a governing board of
22a local educational agency shall be paid from local educational
23agency funds. The audit of the funds under the jurisdiction and
24control of the county superintendent of schools shall be paid from
25 the county school service fund.

26(f) (1) The audits shall be made by a certified public accountant
27or a public accountant, licensed by the California Board of
28Accountancy, and selected by the local educational agency, as
29applicable, from a directory of certified public accountants and
30public accountants deemed by the Controller as qualified to conduct
31audits of local educational agencies, which shall be published by
32the Controller not later than December 31 of each year.

33(2) Commencing with the 2003-04 fiscal year and except as
34provided in subdivision (d) of Section 41320.1, it is unlawful for
35a public accounting firm to provide audit services to a local
36educational agency if the lead audit partner, or coordinating audit
37partner, having primary responsibility for the audit, or the audit
38partner responsible for reviewing the audit, has performed audit
39services for that local educational agency in each of the six previous
40fiscal years. The Education Audits Appeal Panel may waive this
P82   1requirement if the panel finds that no otherwise eligible auditor is
2available to perform the audit.

3(3) It is the intent of the Legislature that, notwithstanding
4paragraph (2), the rotation within public accounting firms conform
5to provisions of the federal Sarbanes-Oxley Act of 2002 (Public
6Law 107-204; 15 U.S.C. Sec. 7201 et seq.), and upon release of
7the report required by the act of the Comptroller General of the
8United States addressing the mandatory rotation of registered
9public accounting firms, the Legislature intends to reconsider the
10provisions of paragraph (2). In determining which certified public
11accountants and public accountants shall be included in the
12directory, the Controller shall use the following criteria:

13(A) The certified public accountants or public accountants shall
14be in good standing as certified by the Board of Accountancy.

15(B) The certified public accountants or public accountants, as
16a result of a quality control review conducted by the Controller
17pursuant to Section 14504.2, shall not have been found to have
18conducted an audit in a manner constituting noncompliance with
19subdivision (a) of Section 14503.

20(g) (1) The auditor’s report shall include each of the following:

21(A) A statement that the audit was conducted pursuant to
22standards and procedures developed in accordance with Chapter
233 (commencing with Section 14500) of Part 9 of Division 1 of
24Title 1.

25(B) A summary of audit exceptions and management
26improvement recommendations.

27(C) Each audit of a local educational agency shall include an
28evaluation by the auditor on whether there is substantial doubt
29about the ability of the local educational agency to continue as a
30going concern for a reasonable period of time. This evaluation
31shall be based on the Statement on Auditing Standards (SAS) No.
3259, as issued by the AICPA regarding disclosure requirements
33relating to the ability of the entity to continue as a going concern.

34(2) To the extent possible, a description of correction or plan
35of correction shall be incorporated in the audit report, describing
36the specific actions that are planned to be taken, or that have been
37taken, to correct the problem identified by the auditor. The
38descriptions of specific actions to be taken or that have been taken
39shall not solely consist of general comments such as “will
P83   1implement,” “accepted the recommendation,” or “will discuss at
2a later date.”

3(h) Not later than December 15, a report of each local
4educational agency audit for the preceding fiscal year shall be filed
5with the county superintendent of schools of the county in which
6the local educational agency is located, the department, and the
7Controller. The Superintendent shall make any adjustments
8necessary in future apportionments of all state funds, to correct
9any audit exceptions revealed by those audit reports.

10(i) (1) Commencing with the 2002-03 audit of local educational
11agencies pursuant to this section and subdivision (d) of Section
1241320.1, each county superintendent of schools shall be responsible
13for reviewing the audit exceptions contained in an audit of a local
14educational agency under his or her jurisdiction related to
15attendance, inventory of equipment, internal control, and any
16miscellaneous items, and determining whether the exceptions have
17been either corrected or an acceptable plan of correction has been
18developed.

19(2) Commencing with the 2004-05 audit of local educational
20agencies pursuant to this section and subdivision (d) of Section
2141320.1, each county superintendent of schools shall include in
22the review of audit exceptions performed pursuant to this
23subdivision those audit exceptions related to use of instructional
24materials program funds, teacher misassignments pursuant to
25Section 44258.9, information reported on the school accountability
26report card required pursuant to Section 33126 and shall determine
27whether the exceptions are either corrected or an acceptable plan
28of correction has been developed.

29(j) Upon submission of the final audit report to the governing
30board of each local educational agency and subsequent receipt of
31the audit by the county superintendent of schools having
32jurisdiction over the local educational agency, the county office
33of education shall do all of the following:

34(1) Review audit exceptions related to attendance, inventory of
35equipment, internal control, and other miscellaneous exceptions.
36Attendance exceptions or issues shall include, but not be limited
37to, those related to local control funding formula allocations
38pursuant to Section 42238.02, as implemented by Section 42238.03,
39and independent study.

P84   1(2) If a description of the correction or plan of correction has
2not been provided as part of the audit required by this section, the
3county superintendent of schools shall notify the local educational
4agency and request the governing board of the local educational
5agency to provide to the county superintendent of schools a
6description of the corrections or plan of correction by March 15.

7(3) Review the description of correction or plan of correction
8and determine its adequacy. If the description of the correction or
9plan of correction is not adequate, the county superintendent of
10schools shall require the local educational agency to resubmit that
11portion of its response that is inadequate.

12(k) Each county superintendent of schools shall certify to the
13Superintendent and the Controller, not later than May 15, that his
14or her staff has reviewed all audits of local educational agencies
15under his or her jurisdiction for the prior fiscal year, that all
16exceptions that the county superintendent was required to review
17were reviewed, and that all of those exceptions, except as otherwise
18noted in the certification, have been corrected by the local
19educational agency or that an acceptable plan of correction has
20been submitted to the county superintendent of schools. In addition,
21the county superintendent shall identify, by local educational
22agency, any attendance-related audit exception or exceptions
23involving state funds, and require the local educational agency to
24which the audit exceptions were directed to submit appropriate
25reporting forms for processing by the Superintendent.

26(l) In the audit of a local educational agency for a subsequent
27year, the auditor shall review the correction or plan or plans of
28correction submitted by the local educational agency to determine
29if the exceptions have been resolved. If not, the auditor shall
30immediately notify the appropriate county office of education and
31the department and restate the exception in the audit report. After
32receiving that notification, the department shall either consult with
33the local educational agency to resolve the exception or require
34the county superintendent of schools to follow up with the local
35educational agency.

36(m) (1) The Superintendent is responsible for ensuring that
37local educational agencies have either corrected or developed plans
38of correction for any one or more of the following:

39(A) All federal and state compliance audit exceptions identified
40in the audit.

P85   1(B) Exceptions that the county superintendent of schools certifies
2as of May 15 have not been corrected.

3(C) Repeat audit exceptions that are not assigned to a county
4superintendent of schools to correct.

5(2) In addition, the Superintendent is responsible for ensuring
6that county superintendents of schools and each county board of
7education that serves as the governing board of a local educational
8agency either correct all audit exceptions identified in the audits
9of county superintendents of schools and of the local educational
10agencies for which the county boards of education serve as the
11governing boards or develop acceptable plans of correction for
12those exceptions.

13(3) The Superintendent shall report annually to the Controller
14on his or her actions to ensure that school districts, county
15superintendents of schools, and each county board of education
16that serves as the governing board of a school district have either
17corrected or developed plans of correction for any of the exceptions
18noted pursuant to paragraph (1).

19(n) To facilitate correction of the exceptions identified by the
20audits issued pursuant to this section, the Controller shall require
21auditors to categorize audit exceptions in each audit report in a
22manner that will make it clear to both the county superintendent
23of schools and the Superintendent which exceptions they are
24responsible for ensuring the correction of by a local educational
25agency. In addition, the Controller annually shall select a sampling
26of county superintendents of schools and perform a followup of
27the audit resolution process of those county superintendents of
28schools and report the results of that followup to the Superintendent
29and the county superintendents of schools that were reviewed.

30(o) County superintendents of schools shall adjust subsequent
31local property tax requirements to correct audit exceptions relating
32to local educational agency tax rates and tax revenues.

33(p) If a governing board or county superintendent of schools
34fails or is unable to make satisfactory arrangements for the audit
35pursuant to this section, the Controller shall make arrangements
36for the audit and the cost of the audit shall be paid from local
37educational agency funds or the county school service fund, as the
38case may be.

39(q) Audits of regional occupational centers and programs are
40subject to this section.

P86   1(r) This section does not authorize examination of, or reports
2on, the curriculum used or provided for in any local educational
3agency.

4(s) Notwithstanding any other law, a nonauditing, management,
5or other consulting service to be provided to a local educational
6agency by a certified public accounting firm while the certified
7public accounting firm is performing an audit of the agency
8pursuant to this section must be in accord with Government
9Accounting Standards, Amendment No. 3, as published by the
10United States General Accounting Office.

11

begin deleteSEC. 78.end delete
12begin insertSEC. 79.end insert  

Section 41207.3 of the Education Code, as added by
13Section 11 of Chapter 12 of the Third Extraordinary Session of
14the Statutes of 2009, is amended and renumbered to read:

15

41207.25.  

(a) If the Superintendent and the Director of Finance
16jointly determine that, for the 2008-09 fiscal year, the state has
17applied moneys for the support of school districts and community
18college districts in an amount that exceeds the minimum amount
19required for that fiscal year pursuant to Section 8 of Article XVI
20of the California Constitution, the excess, up to one billion one
21hundred million five hundred ninety thousand dollars
22($1,100,590,000), shall be deemed, as of June 30 of that fiscal
23year, a payment in satisfaction of the outstanding balance of the
24minimum funding obligation under that section for the 2002-03
25and 2003-04 fiscal years in accordance with the following:

26(1) The first four hundred eighty-three million sixteen thousand
27dollars ($483,016,000) in payment of the outstanding balance of
28the minimum funding obligation for the 2002-03 fiscal year.

29(2) The next six hundred seventeen million five hundred
30seventy-four thousand dollars ($617,574,000) in payment of the
31outstanding balance of the minimum funding obligation for the
322003-04 fiscal year.

33(b) For purposes of this section, the outstanding balance of the
34minimum funding obligation to school districts and community
35college districts pursuant to Section 8 of Article XVI of the
36California Constitution for a fiscal year is the amount, if any, by
37which the amount required to be applied by the state for the support
38of school districts and community college districts pursuant to
39Section 8 of Article XVI of the California Constitution, including
40any maintenance factor that should have been allocated in that
P87   1fiscal year pursuant to subdivision (e) of Section 8 of Article XVI
2of the California Constitution, exceeds the amount applied by the
3state for the support of school districts and community college
4districts for that fiscal year.

5(c) The amounts allocated pursuant to this section shall be
6deemed, for purposes of Section 8 of Article XVI of the California
7Constitution, to be appropriations made and allocated in the fiscal
8year in which the deficiencies resulting in the outstanding balance
9were incurred. When the amount determined to be owed for each
10such fiscal year is fully allocated pursuant to this subdivision, the
11data used in the computations made under this section with regard
12to the total amount owed by the state for the support of school
13districts and community college districts pursuant to Section 8 of
14Article XVI of the California Constitution for that fiscal year,
15including as much of the maintenance factor for that fiscal year
16determined pursuant to subdivision (d) of Section 8 of Article XVI
17of the California Constitution as has been allocated as required by
18subdivision (e) of Section 8 of Article XVI of the California
19Constitution by virtue of the allocations made under this section,
20shall be deemed certified for purposes of Section 41206.

21(d) The amount described in subdivision (a) shall be deemed a
22payment in full satisfaction of the amounts owed pursuant to
23Section 41207.

24

begin deleteSEC. 79.end delete
25begin insertSEC. 80.end insert  

Section 41851.1 of the Education Code, as added by
26Section 11 of Chapter 82 of the Statutes of 1989, is repealed.

27

begin deleteSEC. 80.end delete
28begin insertSEC. 81.end insert  

Section 42127 of the Education Code is amended to
29read:

30

42127.  

(a) On or before July 1 of each year, the governing
31board of each school district shall accomplish the following:

32(1) Hold a public hearing conducted in accordance with Section
3342103 on the budget to be adopted for the subsequent fiscal year.
34The budget to be adopted shall be prepared in accordance with
35Section 42126. The agenda for that hearing shall be posted at least
3672 hours before the public hearing and shall include the location
37where the budget will be available for public inspection.

38(2) (A) Adopt a budget. Not later than five days after that
39adoption or by July 1, whichever occurs first, the governing board
40of the school district shall file that budget with the county
P88   1 superintendent of schools. The budget and supporting data shall
2be maintained and made available for public review. If the
3governing board of the school district does not want all or a portion
4of the property tax requirement levied for the purpose of making
5payments for the interest and redemption charges on indebtedness
6as described in paragraph (1) or (2) of subdivision (b) of Section
71 of Article XIII A of the California Constitution, the budget shall
8include a statement of the amount or portion for which a levy shall
9not be made. For the 2014-15 fiscal year and each fiscal year
10thereafter, the governing board of the school district shall not adopt
11a budget before the governing board of the school district adopts
12a local control and accountability plan, if an existing local control
13and accountability plan or annual update to a local control and
14accountability plan is not effective for the budget year. The
15governing board of a school district shall not adopt a budget that
16does not include the expenditures necessary to implement the local
17control and accountability plan or the annual update to a local
18control and accountability plan that is effective for the budget year.

19(B) Commencing with the budget adopted for the 2015-16 fiscal
20year, the governing board of a school district that proposes to adopt
21a budget, or revise a budget pursuant to subdivision (e), that
22includes a combined assigned and unassigned ending fund balance
23in excess of the minimum recommended reserve for economic
24uncertainties adopted by the state board pursuant to subdivision
25(a) of Section 33128, shall, at the public hearing held pursuant to
26paragraph (1), provide all of the following for public review and
27discussion:

28(i) The minimum recommended reserve for economic
29uncertainties for each fiscal year identified in the budget.

30(ii) The combined assigned and unassigned ending fund balances
31that are in excess of the minimum recommended reserve for
32economic uncertainties for each fiscal year identified in the budget.

33(iii) A statement of reasons that substantiates the need for an
34assigned and unassigned ending fund balance that is in excess of
35the minimum recommended reserve for economic uncertainties
36for each fiscal year that the school district identifies an assigned
37and unassigned ending fund balance that is in excess of the
38minimum recommended reserve for economic uncertainties, as
39identified pursuant to clause (ii).

P89   1(C) The governing board of a school district shall include the
2information required pursuant to subparagraph (B) in its budgetary
3submission each time it files an adopted or revised budget with
4the county superintendent of schools. The information required
5pursuant to subparagraph (B) shall be maintained and made
6available for public review.

7(b) The county superintendent of schools may accept changes
8in any statement included in the budget, pursuant to subdivision
9(a), of the amount or portion for which a property tax levy shall
10not be made. The county superintendent of schools or the county
11auditor shall compute the actual amounts to be levied on the
12property tax rolls of the school district for purposes that exceed
13apportionments to the school district pursuant to Chapter 6
14(commencing with Section 95) of Part 0.5 of Division 1 of the
15Revenue and Taxation Code. The school district shall provide all
16data needed by the county superintendent of schools or the county
17auditor to compute the amounts. On or before August 15, the
18county superintendent of schools shall transmit the amounts
19computed to the county auditor who shall compute the tax rates
20necessary to produce the amounts. On or before September 1, the
21 county auditor shall submit the rate computed to the county board
22of supervisors for adoption.

23(c) The county superintendent of schools shall do all of the
24following:

25(1) Examine the adopted budget to determine whether it
26complies with the standards and criteria adopted by the state board
27pursuant to Section 33127 for application to final local educational
28agency budgets. The county superintendent of schools shall
29identify, if necessary, technical corrections that are required to be
30made to bring the budget into compliance with those standards
31and criteria.

32(2) Determine whether the adopted budget will allow the school
33district to meet its financial obligations during the fiscal year and
34is consistent with a financial plan that will enable the school district
35to satisfy its multiyear financial commitments. In addition to his
36or her own analysis of the budget of the school district, the county
37superintendent of schools shall review and consider studies, reports,
38evaluations, or audits of the school district that were commissioned
39by the school district, the county superintendent of schools, the
40Superintendent, and state control agencies and that contain
P90   1evidence that the school district is showing fiscal distress under
2the standards and criteria adopted in Section 33127, or that contain
3a finding by an external reviewer that more than 3 of the 15 most
4common predictors of a school district needing intervention, as
5determined by the County Office Fiscal Crisis and Management
6Assistance Team, are present. The county superintendent of schools
7shall either conditionally approve or disapprove a budget that does
8not provide adequate assurance that the school district will meet
9its current and future obligations and resolve any problems
10identified in studies, reports, evaluations, or audits described in
11this paragraph.

12(3) Determine whether the adopted budget includes the
13expenditures necessary to implement the local control and
14accountability plan or annual update to the local control and
15accountability plan approved by the county superintendent of
16schools.

17(4) Determine whether the adopted budget includes a combined
18assigned and unassigned ending fund balance that exceeds the
19minimum recommended reserve for economic uncertainties. If the
20adopted budget includes a combined assigned and unassigned
21ending fund balance that exceeds the minimum recommended
22reserve for economic uncertainties, the county superintendent of
23schools shall verify that the school district complied with the
24requirements of subparagraphs (B) and (C) of paragraph (2) of
25subdivision (a).

26(d) (1) On or before August 15, the county superintendent of
27schools shall approve, conditionally approve, or disapprove the
28adopted budget for each school district. For the 2014-15 fiscal
29year and each fiscal year thereafter, the county superintendent of
30schools shall disapprove a budget if the county superintendent of
31schools determines that the budget does not include the
32expenditures necessary to implement a local control and
33accountability plan or an annual update to the local control and
34accountability plan approved by the county superintendent of
35schools. If the governing board of a school district does not submit
36a budget to the county superintendent of schools, the county
37superintendent of schools shall develop, at school district expense,
38a budget for that school district by September 15 and transmit that
39budget to the governing board of the school district. The budget
40prepared by the county superintendent of schools shall be deemed
P91   1adopted, unless the county superintendent of schools approves any
2modifications made by the governing board of the school district.
3The budget prepared by the county superintendent of schools shall
4also comply with the requirements of subparagraph (B) of
5paragraph (2) of subdivision (a). The approved budget shall be
6used as a guide for the school district’s priorities. The
7Superintendent shall review and certify the budget approved by
8the county superintendent of schools. If, pursuant to the review
9conducted pursuant to subdivision (c), the county superintendent
10of schools determines that the adopted budget for a school district
11does not satisfy paragraph (1), (2), (3), or (4) of that subdivision,
12he or she shall conditionally approve or disapprove the budget
13and, not later than August 15, transmit to the governing board of
14the school district, in writing, his or her recommendations regarding
15revision of the budget and the reasons for those recommendations,
16including, but not limited to, the amounts of any budget
17adjustments needed before he or she can approve that budget. The
18county superintendent of schools may assign a fiscal adviser to
19assist the school district to develop a budget in compliance with
20those revisions. In addition, the county superintendent of schools
21may appoint a committee to examine and comment on the
22superintendent’s review and recommendations, subject to the
23requirement that the committee report its findings to the county
24superintendent of schools no later than August 20.

25(2)  Notwithstanding any other provision of this article, for the
262014-15 fiscal year and each fiscal year thereafter, the budget
27shall not be adopted or approved by the county superintendent of
28schools before a local control and accountability plan or update to
29an existing local control and accountability plan for the budget
30year is approved.

31(3) If the adopted budget of a school district is conditionally
32approved or disapproved pursuant to paragraph (1), on or before
33September 8, the governing board of the school district, in
34conjunction with the county superintendent of schools, shall review
35and respond to the recommendations of the county superintendent
36of schools at a regular meeting of the governing board of the school
37district. The response shall include any revisions to the adopted
38budget and other proposed actions to be taken, if any, as a result
39of those recommendations.

P92   1(e) On or before September 22, the county superintendent of
2schools shall provide a list to the Superintendent identifying all
3school districts for which budgets may be disapproved.

4(f) (1) The county superintendent of schools shall examine the
5revised budget as provided in paragraph (3) of subdivision (d) to
6determine whether it (A) complies with the standards and criteria
7adopted by the state board pursuant to Section 33127 for
8application to final local educational agency budgets, (B) allows
9the school district to meet its financial obligations during the fiscal
10year, (C) satisfies all conditions established by the county
11superintendent of schools in the case of a conditionally approved
12budget, (D) is consistent with a financial plan that will enable the
13school district to satisfy its multiyear financial commitments, and
14(E) complies with the requirements of subparagraph (B) of
15paragraph (2) of subdivision (a), and, not later than October 8,
16shall approve or disapprove the revised budget. If the county
17superintendent of schools disapproves the budget, he or she shall
18call for the formation of a budget review committee pursuant to
19Section 42127.1, unless the governing board of the school district
20and the county superintendent of schools agree to waive the
21requirement that a budget review committee be formed and the
22department approves the waiver after determining that a budget
23review committee is not necessary. Upon the grant of a waiver,
24the county superintendent of schools immediately has the authority
25and responsibility provided in Section 42127.3. Upon approving
26a waiver of the budget review committee, the department shall
27ensure that a balanced budget is adopted for the school district by
28November 30. If a budget is not adopted by November 30, the
29Superintendent may adopt a budget for the school district. The
30Superintendent shall report to the Legislature and the Director of
31Finance by December 10 if any school district, including a school
32district that has received a waiver of the budget review committee
33process, does not have an adopted budget by November 30. This
34report shall include the reasons why a budget has not been adopted
35by the deadline, the steps being taken to finalize budget adoption,
36the date the adopted budget is anticipated, and whether the
37Superintendent has or will exercise his or her authority to adopt a
38budget for the school district.

39(2) Notwithstanding any other law, for the 2014-15 fiscal year
40and each fiscal year thereafter, if the county superintendent of
P93   1schools disapproves the budget for the sole reason that the county
2superintendent of schools has not approved a local control and
3accountability plan or an annual update to the local control and
4accountability plan filed by the governing board of the school
5district pursuant to Section 52070, the county superintendent of
6schools shall not call for the formation of a budget review
7committee pursuant to Section 42127.1.

8(g) Not later than October 8, the county superintendent of
9schools shall submit a report to the Superintendent identifying all
10school districts for which budgets have been disapproved or budget
11review committees waived. The report shall include a copy of the
12written response transmitted to each of those school districts
13pursuant to paragraph (1) of subdivision (d).

14(h) Not later than 45 days after the Governor signs the annual
15Budget Act, the school district shall make available for public
16review any revisions in revenues and expenditures that it has made
17to its budget to reflect the funding made available by that Budget
18Act.

19(i) A school district for which the county board of education
20serves as the governing board of the school district is not subject
21to subdivisions (c) to (h), inclusive, but is governed instead by the
22budget procedures set forth in Section 1622.

23

begin deleteSEC. 81.end delete
24begin insertSEC. 82.end insert  

Section 42238.15 of the Education Code is amended
25to read:

26

42238.15.  

(a) Notwithstanding any other law, and in lieu of
27any inflation or cost-of-living adjustment otherwise authorized for
28the programs enumerated in subdivision (b), state funding for the
29programs enumerated in subdivision (b) shall be increased annually
30by the product of the following:

31(1) The sum of 1.0 plus the percentage change determined under
32paragraph (2) of subdivision (d) of Section 42238.02.

33(2) The sum of 1.0 plus the percentage of increase, from the
34prior fiscal year to the current fiscal year, in each of the workload
35factors described in subdivision (b).

36(b) The programs for which annual state funding increases are
37determined under this section, and the factors used to measure
38workload for each of those programs, are as follows:

P94   1(1) Special education programs and services, with workload
2measured by the regular second principal apportionment average
3daily attendance for kindergarten and grades 1 to 12, inclusive.

4(2) Child care and development programs, and preschool
5programs, with workload measured by the state population of
6children up to and including four years of age.

7(c) Notwithstanding any other law, child care and development
8programs shall not receive a cost-of-living adjustment in the
92012-13, 2013-14, and 2014-15 fiscal years.

10

begin deleteSEC. 82.end delete
11begin insertSEC. 83.end insert  

Section 42800 of the Education Code is amended to
12read:

13

42800.  

(a) The governing board of a school district may, with
14the consent of the county superintendent of schools, establish a
15revolving cash fund for the use of the chief accounting officer of
16the school district, by adopting a resolution setting forth the
17necessity for the revolving cash fund, the officer for whom and
18the purposes for which the revolving cash fund shall be available,
19and the amount of the fund. The purposes for which the revolving
20cash fund shall be available shall include the purposes specified
21in Section 45167. Three certified copies of the resolution shall be
22transmitted to the county superintendent of schools. If he or she
23approves the establishment of the fund, the county superintendent
24of schools shall endorse his or her consent on the resolution and
25return one copy to the governing board of the school district, and
26transmit one copy to the county auditor.

27(b) The maximum amount allowed for revolving cash funds
28established pursuant to subdivision (a) shall be the lesser of:

29(1) Two percent of the school district’s estimated expenditures
30for the current fiscal year, or

31(2) A dollar amount limit of seventy-five thousand dollars
32($75,000) for any elementary school or high school district and
33one hundred fifty thousand dollars ($150,000) for any unified
34school district for fiscal year 1990-91. The dollar amount limit
35for each school district shall, through the 2012-13 fiscal year, be
36increased annually by the percentage increase in the school
37district’s revenue limit established by Section 42238, as that section
38read on January 1, 2013. The dollar amount limit for each school
39district shall thereafter be increased annually by the percentage
40increase in the school district’s local control funding formula
P95   1allocation established pursuant to Section 42238.02, as
2implemented pursuant to Section 42238.03.

3

begin deleteSEC. 83.end delete
4begin insertSEC. 84.end insert  

Section 44252 of the Education Code is amended to
5read:

6

44252.  

(a) (1) The commission shall establish standards and
7procedures for the initial issuance and renewal of credentials.

8(2) (A) The commission shall require an initial or renewal
9applicant who submits an initial or renewal application for his or
10her credential online, as part of the application process, to read
11and attest by electronic signature a statement that the applicant for
12the credential understands the duties imposed on a holder of a
13teaching credential or a services credential pursuant to the Child
14Abuse and Neglect Reporting Act (Article 2.5 (commencing with
15Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code),
16including, but not limited to, the duty of a holder of a teaching
17credential or a services credential to report to any police
18department, sheriff’s department, county probation department
19authorized to receive reports, or county welfare department,
20whenever he or she, in his or her professional capacity or within
21the scope of his or her employment, has knowledge of or observes
22a child whom the holder of a teaching credential or a services
23credential knows or reasonably suspects has been the victim of
24child abuse or neglect.

25(B) The commission shall require an initial applicant who
26submits an application in paper form, as part of the application
27process, to read and attest by signature a statement that the
28applicant understands the duties imposed on a holder of a teaching
29credential or a services credential pursuant to the Child Abuse and
30Neglect Reporting Act (Article 2.5 (commencing with Section
3111164) of Chapter 2 of Title 1 of Part 4 of the Penal Code),
32including, but not limited to, the duty of a holder of a teaching
33credential or a services credential to report to any police
34department, sheriff’s department, county probation department
35authorized to receive reports, or county welfare department,
36whenever he or she, in his or her professional capacity or within
37the scope of his or her employment, has knowledge of or observes
38a child whom the holder of a teaching credential or a services
39credential knows or reasonably suspects has been the victim of
40child abuse or neglect.

P96   1(C) The statement described in subparagraphs (A) and (B) shall
2be substantially in the following form:


4“As a documentholder authorized to work with children, it is
5part of my professional and ethical duty to report every instance
6of child abuse or neglect known or suspected to have occurred to
7a child with whom I have professional contact.

8I understand that I must report immediately, or as soon as
9practicably possible, by telephone to a law enforcement agency
10or a child protective agency, and will send a written report and
11any evidence relating to the incident within 36 hours of becoming
12aware of the abuse or neglect of the child.

13I understand that reporting the information regarding a case of
14possible child abuse or neglect to an employer, supervisor, school
15principal, school counselor, coworker, or other person is not a
16substitute for making a mandated report to a law enforcement
17agency or a child protective agency.

18I understand that the reporting duties are individual and no
19supervisor or administrator may impede or inhibit my reporting
20duties.

21I understand that once I submit a report, I am not required to
22disclose my identity to my employer.

23I understand that my failure to report an instance of suspected
24child abuse or neglect as required by the Child Abuse and Neglect
25Reporting Act under Section 11166 of the Penal Code is a
26misdemeanor punishable by up to six months in jail or by a fine
27of one thousand dollars ($1,000), or by both that imprisonment
28and fine.

29I acknowledge and certify that as a documentholder, I will fulfill
30all the duties required of a mandated reporter.”


32(b) The commission shall not issue initially a credential, permit,
33certificate, or renewal of an emergency credential to a person to
34serve in the public schools unless the person has demonstrated
35proficiency in basic reading, writing, and mathematics skills in
36the English language as provided in Section 44252.5 or 44252.7.
37The commission shall exempt the following persons from the basic
38skills proficiency test requirement:

39(1) A person credentialed solely for the purpose of teaching
40adults in an apprenticeship program.

P97   1(2) An applicant for an adult education designated subject
2credential for other than an academic subject.

3(3) A person credentialed in another state who is an applicant
4for employment in a school district in this state who has passed a
5basic skills proficiency examination administered by the state
6where the person is credentialed.

7(4) A person credentialed in another state who is an applicant
8for employment in a school district in this state who has passed a
9basic skills proficiency examination that has been developed and
10administered by the school district offering that person
11employment, by cooperating school districts, or by the appropriate
12county office of education. School districts administering a basic
13skills proficiency examination under this paragraph shall comply
14with the requirements of subdivision (h) of Section 44830. The
15applicant shall be granted a nonrenewable credential, valid for not
16longer than one year, pending fulfillment of the basic skills
17proficiency requirement pursuant to Section 44252.5.

18(5) An applicant for a child care center permit or a permit
19authorizing service in a development center for the handicapped
20if the holder of the permit is not required to have a baccalaureate
21degree.

22(6) The holder of a credential, permit, or certificate to teach,
23other than an emergency permit, who seeks an additional
24authorization to teach.

25(7) An applicant for a credential to provide service in the health
26profession.

27(8) An applicant who achieves scores on the writing, reading,
28and mathematics sections of the College Board SAT Reasoning
29Test, the enhanced ACT Test, or the California State University
30Early Assessment Program that are sufficient to waive the English
31placement test and the entry level mathematics examination
32administered by the California State University.

33(9) An applicant for an eminence credential to be issued pursuant
34to Section 44262.

35(c) (1) The Superintendent shall adopt an appropriate state test
36to measure proficiency in these basic skills. In adopting the test,
37the Superintendent shall seek assistance from the commission and
38an advisory board. A majority of the members of the advisory
39board shall be classroom teachers. The advisory board also shall
P98   1include representatives of school boards, school administrators,
2parents, and postsecondary educational institutions.

3(2) The Superintendent shall adopt a normed test that the
4Superintendent determines will sufficiently test basic skills for
5purposes of this section.

6(3) The Superintendent, in conjunction with the commission
7and approved teacher training institutions, shall take steps
8necessary to ensure the effective implementation of this section.

9(d) This section does not require the holders of, or applicants
10for, a designated subjects special subjects credential to pass the
11state basic skills proficiency test unless the requirements for the
12specific credential required the possession of a baccalaureate
13degree. The governing board of a school district, or the governing
14board of a consortium of school districts, or the governing board
15involved in a joint powers agreement, which employs a holder of
16a designated subjects special subjects credential, shall establish its
17own basic skills proficiency criteria for the holders of these
18credentials and shall arrange for those individuals to be assessed.
19The basic skills proficiency criteria established by the governing
20board shall be at least equivalent to the test required by the district,
21or in the case of a consortium or a joint powers agreement, by any
22of the participating districts, for graduation from high school. The
23governing board or boards may charge a fee to individuals being
24tested to cover the costs of the test, including the costs of
25developing, administering, and grading the test.

26(e) The commission shall compile data regarding the rate of
27passing the state basic skills proficiency test by persons who have
28been trained in various institutions of higher education. The data
29shall be available to members of the public, including to persons
30who intend to enroll in teacher education programs.

31(f) (1) Each applicant to an approved credential program, unless
32exempted by subdivision (b), shall take the state basic skills
33proficiency test in order to provide both the prospective applicant
34and the program with information regarding the proficiency level
35of the applicant. Test results shall be forwarded to each California
36postsecondary educational institution to which the applicant has
37applied. The program shall use test results to ensure that, upon
38admission, each applicant receives appropriate academic assistance
39necessary to pass the state basic skills proficiency test. Persons
40residing outside the state shall take the test no later than the second
P99   1available administration following their enrollment in a credential
2program.

3(2) It is the intent of the Legislature that applicants for admission
4to teacher preparation programs not be denied admission on the
5basis of state basic skills proficiency test results.

6

begin deleteSEC. 84.end delete
7begin insertSEC. 85.end insert  

Section 44277 of the Education Code is amended to
8read:

9

44277.  

(a) The Legislature recognizes that effective
10professional growth must continue to occur throughout the careers
11of all teachers, in order that teachers remain informed of changes
12in pedagogy, subject matter, and pupil needs. In enacting this
13section, it is the intent of the Legislature to encourage teachers to
14engage in an individual program of professional growth that
15extends their content knowledge and teaching skills and for school
16districts to establish professional growth programs that give
17individual teachers a wide range of options to pursue as well as
18significant roles in determining the course of their professional
19growth.

20(b) An individual program of professional growth may consist
21of activities that are aligned with the California Standards for the
22 Teaching Profession that contribute to competence, performance,
23or effectiveness in the profession of education and the classroom
24assignments of the teacher. Acceptable activities may include,
25among other acceptable activities, the completion of courses offered
26by regionally accredited colleges and universities, including
27instructor-led interactive courses delivered through online
28technologies; participation in professional conferences, workshops,
29teacher center programs, staff development programs, or a
30California Reading Professional Development Institute program
31operated pursuant to Article 2 (commencing with Section 99220)
32of Chapter 5 of Part 65; service as a mentor teacher; participation
33in school curriculum development projects; participation in
34systematic programs of observation and analysis of teaching;
35service in a leadership role in a professional organization; and
36participation in educational research or innovation efforts.
37Employing agencies and the bargaining agents of employees may
38negotiate to agree on the terms of programs of professional growth
39within their jurisdictions, provided that the agreements shall be
40consistent with this section.

P100  1(c) An individual program of professional growth may include
2a basic course in cardiopulmonary resuscitation, which includes
3training in the subdiaphragmatic abdominal thrust (also known as
4the “Heimlich maneuver”) and meets or exceeds the standards
5established by the American Heart Association or the American
6Red Cross for courses in that subject or minimum standards for
7training programs established by the Emergency Medical Services
8Authority. An individual program of professional growth may also
9include a course in first aid that meets or exceeds the standards
10established by the American Red Cross for courses in that subject
11or minimum standards for training programs established by the
12Emergency Medical Services Authority.

13(d) (1) If a local educational agency offers a program of
14professional growth for teachers, administrators, paraprofessional
15educators, or other classified employees involved in the direct
16instruction of pupils, the local educational agency shall evaluate
17professional learning based on all of the following criteria, and
18the local educational agency is encouraged to choose professional
19learning that meets any of the following criteria:

20(A) Helps attract, grow, and retain effective educators.

21(B) Is a part of every educator’s experience in order to accelerate
22instructional improvement and support pupil learning.

23(C) Is based on needs assessment of educators and tied to
24supporting pupil learning.

25(D) Emphasizes the importance of meeting the needs of all
26pupils.

27(E) Is grounded in a description of effective practice, as
28articulated in the California Standards for the Teaching Profession.

29(F) Affords educators opportunities to engage with others to
30develop their craft, including, but not limited to, opportunities to
31increase their content knowledge.

32(G) Ensures educators have adequate time to learn about,
33practice, reflect, adjust, critique, and share what educators need
34to ensure that all pupils, especially high-needs pupils, develop
35knowledge and lifelong learning skills that will help the pupils to
36be successful.

37(H) Recognizes and utilizes expert teaching and leadership
38skills.

39(I) Attends to collective growth needs as well as educators’
40individual growth needs.

P101  1(J) Contributes to a positive, collaborative, and supportive adult
2learning environment.

3(K) Contributes to cycles of inquiry and improvement.

4(L) Is not limited to a single instance, but supports educators
5through multiple iterations or engagements.

6(M) Is based on a coherent and focused plan.

7(2) Professional learning activities may also include
8collaboration time for teachers to develop new instructional lessons,
9to select or develop common formative assessments, to analyze
10pupil data, for mentoring projects for new teachers, or for extra
11support for teachers to improve practice. Appropriate professional
12learning may be part of a coherent plan that combines school
13activities within the school, including, but not limited to, lesson
14study or coteaching, and external learning opportunities that meet
15all of the following criteria:

16(A) Are related to the academic subjects taught.

17(B) Provide time to meet and work with other teachers.

18(C) Support instruction and pupil learning to improve instruction
19in a manner that is consistent with academic content standards.

20(e) For purposes of this section, “local educational agency”
21means a school district, county office of education, or charter
22school.

23

begin deleteSEC. 85.end delete
24begin insertSEC. 86.end insert  

Section 44932 of the Education Code is amended to
25read:

26

44932.  

(a) A permanent employee shall not be dismissed
27except for one or more of the following causes:

28(1) Immoral conduct, including, but not limited to, egregious
29misconduct. For purposes of this chapter, “egregious misconduct”
30is defined exclusively as immoral conduct that is the basis for an
31offense described in Section 44010 or 44011 of this code, or in
32Sections 11165.2 to 11165.6, inclusive, of the Penal Code.

33(2) Unprofessional conduct.

34(3) Commission, aiding, or advocating the commission of acts
35of criminal syndicalism, as prohibited by Chapter 188 of the
36Statutes of 1919, or in any amendment to that chapter.

37(4) Dishonesty.

38(5) Unsatisfactory performance.

39(6) Evident unfitness for service.

P102  1(7) Physical or mental condition unfitting him or her to instruct
2or associate with children.

3(8) Persistent violation of or refusal to obey the school laws of
4the state or reasonable regulations prescribed for the government
5of the public schools by the state board or by the governing board
6of the school district employing him or her.

7(9) Conviction of a felony or of any crime involving moral
8turpitude.

9(10) Violation of Section 51530 or conduct specified in Section
101028 of the Government Code, added by Chapter 1418 of the
11Statutes of 1947.

12(11) Alcoholism or other drug abuse that makes the employee
13unfit to instruct or associate with children.

14(b) The governing board of a school district may suspend
15without pay for a specific period of time on grounds of
16unprofessional conduct a permanent certificated employee or, in
17a school district with an average daily attendance of less than 250
18pupils, a probationary employee, pursuant to the procedures
19specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937,
2044943, and 44944. This authorization does not apply to a school
21district that has adopted a collective bargaining agreement pursuant
22to subdivision (b) of Section 3543.2 of the Government Code.

23

begin deleteSEC. 86.end delete
24begin insertSEC. 87.end insert  

Section 44939 of the Education Code is amended to
25read:

26

44939.  

(a) This section applies only to dismissal or suspension
27proceedings initiated pursuant to Section 44934.

28(b) Upon the filing of written charges, duly signed and verified
29by the person filing them with the governing board of a school
30district, or upon a written statement of charges formulated by the
31governing board of a school district, charging a permanent
32employee of the school district with immoral conduct, conviction
33of a felony or of any crime involving moral turpitude, with
34incompetency due to mental disability, with willful refusal to
35perform regular assignments without reasonable cause, as
36prescribed by reasonable rules and regulations of the employing
37school district, or with violation of Section 51530, the governing
38board of the school district may, if it deems that action necessary,
39immediately suspend the employee from his or her duties and give
40notice to him or her of his or her suspension, and that 30 days after
P103  1service of the notice of dismissal, he or she will be dismissed,
2unless he or she demands a hearing.

3(c) (1) An employee who has been placed on suspension
4pursuant to this section may serve and file with the Office of
5Administrative Hearings a motion for immediate reversal of
6suspension. Review of a motion filed pursuant to this section shall
7be limited to a determination as to whether the facts as alleged in
8the statement of charges, if true, are sufficient to constitute a basis
9for immediate suspension under this section. The motion shall
10include a memorandum of points and authorities setting forth law
11and argument supporting the employee’s contention that the
12statement of charges does not set forth a sufficient basis for
13immediate suspension.

14(2) The motion shall be served upon the governing board of the
15school district and filed with the Office of Administrative Hearings
16within 30 days after service upon the employee of the initial
17pleading in the matter. The governing board of the school district
18has the right to serve and file a written response to the motion
19before or at the time of hearing.

20(3) The hearing on the motion for immediate reversal of
21suspension shall be held no later than 30 days after the motion is
22filed with the Office of Administrative Hearings.

23(4) The administrative law judge shall, no later than 15 days
24after the hearing, issue an order denying or granting the motion.
25The order shall be in writing, and a copy of the order shall be
26served by the Office of Administrative Hearings upon the parties.
27The grant or denial of the motion shall be without prejudice to
28consideration by the Commission on Professional Competence,
29based upon the full evidentiary record before it, of the validity of
30the grounds for dismissal. The ruling shall not be considered by
31the commission in determining the validity of the grounds for
32dismissal, and shall not have any bearing on the commission’s
33determination regarding the grounds for dismissal.

34(5) An order granting a motion for immediate reversal of
35suspension shall become effective within five days of service of
36the order. The school district shall make the employee whole for
37any lost wages, benefits, and compensation within 14 days after
38service of an order granting the motion.

39(6) A motion made pursuant to this section shall be the exclusive
40means of obtaining interlocutory review of suspension pending
P104  1dismissal. The grant or denial of the motion is not subject to
2interlocutory judicial review.

3(d) A motion for immediate reversal of suspension pursuant to
4this section does not affect the authority of a governing board of
5a school district to determine the physical placement and
6assignment of an employee who is suspended or placed on
7administrative leave during the review of the motion or while
8dismissal charges are pending.

9

begin deleteSEC. 87.end delete
10begin insertSEC. 88.end insert  

Section 44940 of the Education Code is amended to
11read:

12

44940.  

(a) For purposes of this section, “charged with a
13mandatory leave of absence offense” is defined to mean charged
14by complaint, information, or indictment filed in a court of
15competent jurisdiction with the commission of any sex offense as
16defined in Section 44010, with a violation or attempted violation
17of Section 187 of the Penal Code, or with the commission of any
18offense involving aiding or abetting the unlawful sale, use, or
19exchange to minors of controlled substances listed in Schedule I,
20II, or III, as contained in Sections 11054, 11055, and 11056 of the
21Health and Safety Code.

22(b) For purposes of this section, “charged with an optional leave
23of absence offense” is defined to mean a charge by complaint,
24information, or indictment filed in a court of competent jurisdiction
25with the commission of any controlled substance offense as defined
26in Section 44011 or 87011 of this code, or Sections 11357 to 11361,
27inclusive, or Section 11363, 11364, or 11370.1 of the Health and
28Safety Code, insofar as these sections relate to any controlled
29substances except marijuana, mescaline, peyote, or
30tetrahydrocannabinols.

31(c) For purposes of this section and Section 44940.5, the term
32“school district” includes county offices of education.

33(d) (1) If a certificated employee of a school district is charged
34with a mandatory leave of absence offense, as defined in
35subdivision (a), upon being informed that a charge has been filed,
36the governing board of the school district shall immediately place
37the employee on compulsory leave of absence. The duration of
38the leave of absence shall be until a time not more than 10 days
39after the date of entry of the judgment in the proceedings. No later
40than 10 days after receipt of the complaint, information, or
P105  1indictment described by subdivision (a), the school district shall
2forward a copy to the Commission on Teacher Credentialing.

3(2) Upon receiving a copy of a complaint, information, or
4indictment described in subdivision (a) and forwarded by a school
5district, the Commission on Teacher Credentialing shall
6automatically suspend the employee’s teaching or service
7credential. The duration of the suspension shall be until a time not
8more than 10 days after the date of entry of the judgment in the
9proceedings.

10(e) (1) If a certificated employee of a school district is charged
11with an optional leave of absence offense as defined in subdivision
12(b), the governing board of the school district may immediately
13place the employee upon compulsory leave in accordance with the
14procedure in this section and Section 44940.5. If any certificated
15employee is charged with an offense deemed to fall into both the
16mandatory and the optional leave of absence categories, as defined
17in subdivisions (a) and (b), that offense shall be treated as a
18mandatory leave of absence offense for purposes of this section.
19No later than 10 days after receipt of the complaint, information,
20or indictment described by subdivision (a), the school district shall
21forward a copy to the Commission on Teacher Credentialing.

22(2) Upon receiving a copy of a complaint, information, or
23indictment described in subdivision (a) and forwarded by a school
24district, the Commission on Teacher Credentialing shall
25automatically suspend the employee’s teaching or service
26credential. The duration of the suspension shall be until a time not
27more than 10 days after the date of entry of the judgment in the
28 proceedings.

29

begin deleteSEC. 88.end delete
30begin insertSEC. 89.end insert  

Section 44944 of the Education Code is amended to
31read:

32

44944.  

(a) This section applies only to dismissal or suspension
33proceedings initiated pursuant to Section 44934.

34(b) (1) (A) In a dismissal or suspension proceeding initiated
35pursuant to Section 44934, if a hearing is requested by the
36employee, the hearing shall be commenced within six months from
37the date of the employee’s demand for a hearing. A continuance
38shall not extend the date for the commencement of the hearing
39more than six months from the date of the employee’s request for
40a hearing, except for extraordinary circumstances, as determined
P106  1by the administrative law judge. If extraordinary circumstances
2are found that extend the date for the commencement of the
3hearing, the deadline for concluding the hearing and closing the
4record pursuant to this subdivision shall be extended for a period
5of time equal to the continuance. The hearing date shall be
6established after consultation with the employee and the governing
7board of the school district, or their representatives, except that if
8the parties are not able to reach an agreement on a date, the Office
9of Administrative Hearings shall unilaterally set a date in
10compliance with this section. The hearing shall be completed by
11a closing of the record within seven months of the date of the
12employee’s demand for a hearing. A continuance shall not extend
13the date for the close of the record more than seven months from
14the date of the employee’s request for a hearing, except for good
15cause, as determined by the administrative law judge.

16(B) If substantial progress has been made in completing the
17previously scheduled days of the hearing within the seven-month
18period but the hearing cannot be completed, for good cause shown,
19within the seven-month period, the period for completing the
20hearing may be extended by the presiding administrative law judge.
21If the administrative law judge grants a continuance under this
22subparagraph, he or she shall establish a reasonable timetable for
23the completion of the hearing and the closing of the record. The
24hearing shall be initiated and conducted, and a decision made, in
25accordance with Chapter 5 (commencing with Section 11500) of
26Part 1 of Division 3 of Title 2 of the Government Code, and the
27Commission on Professional Competence shall have all of the
28power granted to an agency pursuant to that chapter, except as
29described in this article.

30(2) (A) A witness shall not be permitted to testify at the hearing
31except upon oath or affirmation. Testimony shall not be given or
32evidence shall not be introduced relating to matters that occurred
33more than four years before the date of the filing of the notice,
34 except allegations of an act described in Section 44010 of this code
35or Sections 11165.2 to 11165.6, inclusive, of the Penal Code.

36(B) Evidence of records regularly kept by the governing board
37of the school district concerning the employee may be introduced,
38but no decision relating to the dismissal or suspension of an
39employee shall be made based on charges or evidence of any nature
40relating to matters occurring more than four years before the filing
P107  1of the notice, except allegations of an act described in Section
244010 of this code or Sections 11165.2 to 11165.6, inclusive, of
3the Penal Code.

4(c) (1) The hearing provided for in this section shall be
5conducted by a Commission on Professional Competence, unless
6the parties submit a statement in writing to the Office of
7Administrative Hearings, indicating that both parties waive the
8right to convene a Commission on Professional Competence and
9stipulate to having the hearing conducted by a single administrative
10law judge. If the parties elect to waive a hearing before the
11Commission on Professional Competence, the hearing shall be
12initiated and conducted, and a decision made, in accordance with
13Chapter 5 (commencing with Section 11500) of Part 1 of Division
143 of Title 2 of the Government Code, and the administrative law
15judge conducting the hearing shall have all the powers granted to
16a Commission on Professional Competence pursuant to that
17chapter, except as described in this article.

18(2) If the parties elect not to waive a hearing before a
19Commission on Professional Competence, one member of the
20commission shall be selected by the employee, one member shall
21be selected by the governing board of the school district, and one
22member shall be an administrative law judge of the Office of
23Administrative Hearings who shall be chairperson and a voting
24member of the commission and shall be responsible for assuring
25that the legal rights of the parties are protected at the hearing.

26(3) The governing board of the school district and the employee
27shall select Commission on Professional Competence members
28no later than 45 days before the date set for hearing, and shall serve
29notice of their selection upon all other parties and upon the Office
30of Administrative Hearings. Failure to meet this deadline shall
31constitute a waiver of the right to selection, and the county board
32of education or its specific designee shall immediately make the
33selection. If the county board of education is also the governing
34board of the school district or has by statute been granted the
35powers of a governing board, the selection shall be made by the
36Superintendent, who shall be reimbursed by the school district for
37all costs incident to the selection.

38(4) Any party who believes that a selected Commission on
39Professional Competence member is not qualified may file an
40objection, including a statement describing the basis for the
P108  1objection, with the Office of Administrative Hearings and serve
2the objection and statement upon all other parties within 10 days
3of the date that the notice of selection is filed. Within seven days
4after the filing of any objection, the administrative law judge
5assigned to the matter shall rule on the objection or convene a
6teleconference with the parties for argument.

7(5) (A) The member selected by the governing board of the
8school district and the member selected by the employee shall not
9be related to the employee and shall not be employees of the school
10district initiating the dismissal or suspension. Each member shall
11hold a currently valid credential and have at least three years’
12experience within the past 10 years in the discipline of the
13employee.

14(B) For purposes of this paragraph, the following terms have
15the following meanings:

16(i) For an employee subject to dismissal whose most recent
17teaching assignment is in kindergarten or any of the grades 1 to 6,
18inclusive, “discipline” means a teaching assignment in kindergarten
19or any of the grades 1 to 6, inclusive.

20(ii) For an employee subject to dismissal whose most recent
21assignment requires an education specialist credential or a services
22credential, “discipline” means an assignment that requires an
23education specialist credential or a services credential, respectively.

24(iii) For an employee subject to dismissal whose most recent
25teaching assignment is in any of the grades 7 to 12, inclusive,
26“discipline” means a teaching assignment in any of grades 7 to 12,
27inclusive, in the same area of study, as that term is used in Section
2851220, as the most recent teaching assignment of the employee
29subject to dismissal.

30(d) (1) The decision of the Commission on Professional
31Competence shall be made by a majority vote, and the commission
32shall prepare a written decision containing findings of fact,
33determinations of issues, and a disposition that shall be, solely,
34one of the following:

35(A) That the employee should be dismissed.

36(B) That the employee should be suspended for a specific period
37of time without pay.

38(C) That the employee should not be dismissed or suspended.

39(2) The decision of the Commission on Professional Competence
40that the employee should not be dismissed or suspended shall not
P109  1be based on nonsubstantive procedural errors committed by the
2school district or governing board of the school district unless the
3errors are prejudicial errors.

4(3) The Commission on Professional Competence shall not have
5the power to dispose of the charge of dismissal by imposing
6probation or other alternative sanctions. The imposition of
7suspension pursuant to subparagraph (B) of paragraph (1) shall be
8available only in a suspension proceeding authorized pursuant to
9subdivision (b) of Section 44932 or Section 44933.

10(4) The decision of the Commission on Professional Competence
11shall be deemed to be the final decision of the governing board of
12the school district.

13(5) The governing board of the school district may adopt from
14time to time rules and procedures not inconsistent with this section
15as may be necessary to effectuate this section.

16(6) The governing board of the school district and the employee
17shall have the right to be represented by counsel.

18(e) (1) If the member selected by the governing board of the
19school district or the member selected by the employee is employed
20by any school district in this state, the member shall, during any
21service on a Commission on Professional Competence, continue
22to receive salary, fringe benefits, accumulated sick leave, and other
23leaves and benefits from the school district in which the member
24is employed, but shall not receive additional compensation or
25honorariums for service on the commission.

26(2) If the member selected is a retired employee, the member
27shall receive pay at the daily substitute teacher rate in the school
28district that is a party to the hearing. Service on a Commission on
29Professional Competence shall not be credited toward retirement
30benefits.

31(3) If service on a Commission on Professional Competence
32occurs during summer recess or vacation periods, the member shall
33receive compensation proportionate to that received during the
34current or immediately preceding contract period from the
35member’s employing school district, whichever amount is greater.

36(f) (1) If the Commission on Professional Competence
37determines that the employee should be dismissed or suspended,
38the governing board of the school district and the state shall share
39equally the expenses of the hearing, including the cost of the
40administrative law judge. The state shall pay any costs incurred
P110  1under paragraphs (2) and (3) of subdivision (e), the reasonable
2expenses, as determined by the administrative law judge, of the
3member selected by the governing board of the school district and
4the member selected by the employee, including, but not limited
5to, payments or obligations incurred for travel, meals, and lodging,
6and the cost of the substitute or substitutes, if any, for the member
7selected by the governing board of the school district and the
8member selected by the employee. The Controller shall pay all
9claims submitted pursuant to this paragraph from the General Fund,
10and may prescribe reasonable rules, regulations, and forms for the
11submission of the claims. The employee and the governing board
12of the school district shall pay their own attorney’s fees.

13(2) If the Commission on Professional Competence determines
14that the employee should not be dismissed or suspended, the
15governing board of the school district shall pay the expenses of
16the hearing, including the cost of the administrative law judge, any
17costs incurred under paragraphs (2) and (3) of subdivision (e), the
18reasonable expenses, as determined by the administrative law
19judge, of the member selected by the governing board of the school
20district and the member selected by the employee, including, but
21not limited to, payments or obligations incurred for travel, meals,
22and lodging, the cost of the substitute or substitutes, if any, for the
23member selected by the governing board of the school district and
24the member selected by the employee, and reasonable attorney’s
25fees incurred by the employee.

26(3) As used in this section, “reasonable expenses” shall not be
27deemed “compensation” within the meaning of subdivision (e).

28(4) If either the governing board of the school district or the
29employee petitions a court of competent jurisdiction for review of
30the decision of the Commission on Professional Competence, the
31 payment of expenses to members of the commission required by
32this subdivision shall not be stayed.

33(5) If the decision of the Commission on Professional
34Competence is reversed or vacated by a court of competent
35jurisdiction, either the state, having paid the commission members’
36expenses, shall be entitled to reimbursement from the governing
37board of the school district for those expenses, or the governing
38board of the school district, having paid the expenses, shall be
39entitled to reimbursement from the state. If either the governing
40board of the school district or the employee petitions a court of
P111  1competent jurisdiction for review of the decision to overturn the
2administrative law judge’s decision, the payment of the expenses
3of the hearing, including the cost of the administrative law judge
4required by this paragraph, shall be stayed until no further appeal
5is sought, or all appeals are exhausted.

6(g) The hearing provided for in this section shall be conducted
7in a place selected by agreement among the members of the
8Commission on Professional Competence. In the absence of
9agreement, the place shall be selected by the administrative law
10judge.

11

begin deleteSEC. 89.end delete
12begin insertSEC. 90.end insert  

Section 44944.05 of the Education Code is amended
13to read:

14

44944.05.  

(a) In a dismissal or suspension proceeding initiated
15pursuant to Section 44934, in lieu of written discovery required
16pursuant to Section 11507.6 of the Government Code, the parties
17shall make disclosures as described in this section. This section
18does not apply to dismissal or suspension proceedings initiated
19pursuant to Section 44934.1.

20(b) (1) An initial disclosure shall comply with the following
21requirements:

22(A) A party shall, without awaiting a discovery request, provide
23to the other parties both of the following:

24(i) The name and, if known, the address and telephone number
25of each individual likely to have discoverable information, along
26with the subjects of information relating to the allegations made
27in the charges and the parties’ claims and defenses, unless the use
28would be solely for impeachment purposes.

29(ii) A copy of all documents, electronically stored information,
30and tangible items that the disclosing party has in its possession,
31custody, or control relating to the allegations made in the charges
32and the parties’ claims or defenses, unless the use would be solely
33for impeachment.

34(B) The school district and the employee shall make their initial
35disclosures within 45 days of the date of the employee’s demand
36for a hearing.

37(C) A party shall make its initial disclosures based on the
38information then reasonably available to it. A party is not excused
39from making its disclosures because it has not fully investigated
40the case or because it challenges the sufficiency of another party’s
P112  1disclosures. A party’s failure to make initial disclosures within the
2deadlines set forth in this section shall preclude the party from
3introducing witnesses or evidence not disclosed at the hearing,
4unless the party shows good cause for its failure to timely disclose.

5(D) A party has an obligation to promptly supplement its initial
6disclosures as new information or evidence becomes known or
7available. Supplemental disclosures shall be made as soon as
8possible, and no later than 60 days before the date of
9commencement of the hearing. A party’s failure to make
10supplemental disclosures promptly upon discovery or availability
11of new information or evidence shall preclude the party from
12introducing witnesses or evidence not disclosed at the hearing,
13unless the party shows good cause for its failure to timely disclose.

14(2) The disclosure of expert testimony shall comply with the
15following requirements:

16(A) A party shall also disclose to the other parties the identities
17of any expert witnesses whose testimony it may use at the hearing.

18(B) The disclosure specified in subparagraph (A) shall be
19accompanied by a summary of the witness’ expected testimony,
20including a description of the facts and data considered by the
21witness; a description of the witness’ qualifications, including a
22list of all publications authored in the previous 10 years; a list of
23all other cases in which, during the previous four years, the witness
24testified as an expert at a hearing or by deposition; and a statement
25of the compensation to be paid to the expert witness.

26(C) Expert witness disclosures shall be made no later than 60
27days before the date of commencement of the hearing. A party’s
28failure to make full and timely expert witness disclosures shall
29preclude the party’s use of the expert witness’ testimony or
30evidence at the hearing.

31(3) Prehearing disclosures shall comply with the following
32requirements:

33(A) In addition to the disclosures required in paragraphs (1) and
34(2), a party shall provide to the other parties the following
35information about the evidence that it may present at the hearing:

36(i) The name, and, if not previously provided, the address and
37telephone number of each witness, separately identifying those
38the party expects to present and those it may call if the need arises.

P113  1(ii) An identification of each exhibit, separately identifying
2those items the party expects to offer and those it may offer if the
3need arises.

4(B) Prehearing disclosures shall be made at least 30 days before
5the hearing.

6(i) Within 14 days after prehearing disclosures are made, a party
7shall file and serve any objections, along with the grounds for each
8objection, to the admissibility of evidence.

9(ii) These objections shall be decided on the first day of the
10hearing, or at a prehearing conference conducted pursuant to
11Section 11511.5 of the Government Code. Documents and
12individuals not timely disclosed without good cause shall be
13precluded from admission at the hearing.

14(c) In addition to the disclosures required by subdivision (a),
15the parties may obtain discovery by oral deposition in California,
16 in accordance with Sections 2025.010 to 2025.620, inclusive, of
17the Code of Civil Procedure, except as described in this article.
18The school district may take the depositions of the employee and
19no more than four other witnesses, and the employee may take
20depositions of no more than five witnesses. Each witness deposition
21is limited to seven hours. An administrative law judge may allow
22the parties to conduct additional depositions only upon a showing
23of good cause. If a motion to conduct additional depositions is
24granted by the administrative law judge, the employee shall be
25given a meaningful opportunity to respond to new evidence
26introduced as a result of the additional depositions. An order
27granting a motion for additional depositions shall not constitute
28an extraordinary circumstance or good cause for purposes of
29extending the deadlines set forth in paragraph (1) of subdivision
30(b) of Section 44944.

31(d) If the right to disclosures or oral depositions is denied by
32either the employee or the governing board, the exclusive right of
33a party seeking an order compelling production of discovery shall
34be pursuant to Section 11507.7 of the Government Code. If a party
35seeks protection from unreasonable or oppressive discovery
36demands, the exclusive right of a party seeking an order for
37protection shall be pursuant to Section 11450.30 of the Government
38Code.

P114  1

begin deleteSEC. 90.end delete
2begin insertSEC. 91.end insert  

Section 44944.3 of the Education Code is amended
3to read:

4

44944.3.  

At a hearing conducted pursuant to Section 44944 or
544944.1, the administrative law judge, before admitting any
6testimony or evidence concerning an individual pupil, shall
7determine whether the introduction of the testimony or evidence
8at an open hearing would violate any provision of Article 5
9(commencing with Section 49073) of Chapter 6.5 of Part 27 of
10Division 4, relating to privacy of pupil records. If the administrative
11law judge, in his or her discretion, determines that any of those
12provisions would be violated, he or she shall order that the hearing,
13or any portion of the hearing at which the testimony or evidence
14would be produced, be conducted in executive session.

15

begin deleteSEC. 91.end delete
16begin insertSEC. 92.end insert  

Section 46116 of the Education Code is amended to
17read:

18

46116.  

(a) No later than July 1, 2017, the Superintendent shall
19provide the Legislature with an evaluation of kindergarten program
20implementation in the state, including part-day and full-day
21kindergarten programs. The evaluation shall include recommended
22best practices for providing full-day kindergarten programs.

23(b) The evaluation shall include a sample of local educational
24agencies’ full-day and part-day kindergarten programs from across
25the state. It is the intent of the Legislature that this sample be
26representative of the diversity of the state, and shall include both
27urban and rural and small and large local educational agencies
28within school districts.

29(c) The report required pursuant to this section shall be submitted
30in compliance with Section 9795 of the Government Code.

31(d) This section shall not become operative until the Legislature
32makes an appropriation for these purposes in the annual Budget
33Act or in any other statute.

34(e) This section shall become inoperative on July 1, 2017, and,
35as of January 1, 2018, is repealed, unless a later enacted statute,
36that becomes operative on or before January 1, 2018, deletes or
37extends the dates on which it becomes inoperative and is repealed.

P115  1

begin deleteSEC. 92.end delete
2begin insertSEC. 93.end insert  

The heading of Article 3 (commencing with Section
346330) of Chapter 3 of Part 26 of Division 4 of Title 2 of the 4Education Code is repealed.

5

begin deleteSEC. 93.end delete
6begin insertSEC. 94.end insert  

The heading of Article 4 (commencing with Section
746340) of Chapter 3 of Part 26 of Division 4 of Title 2 of the 8Education Code is repealed.

9

begin deleteSEC. 94.end delete
10begin insertSEC. 95.end insert  

Section 47605 of the Education Code is amended to
11read:

12

47605.  

(a) (1) Except as set forth in paragraph (2), a petition
13for the establishment of a charter school within a school district
14may be circulated by one or more persons seeking to establish the
15charter school. A petition for the establishment of a charter school
16shall identify a single charter school that will operate within the
17geographic boundaries of that school district. A charter school
18may propose to operate at multiple sites within the school district
19if each location is identified in the charter school petition. The
20petition may be submitted to the governing board of the school
21district for review after either of the following conditions is met:

22(A) The petition is signed by a number of parents or legal
23guardians of pupils that is equivalent to at least one-half of the
24number of pupils that the charter school estimates will enroll in
25the school for its first year of operation.

26(B) The petition is signed by a number of teachers that is
27equivalent to at least one-half of the number of teachers that the
28charter school estimates will be employed at the school during its
29first year of operation.

30(2) A petition that proposes to convert an existing public school
31to a charter school that would not be eligible for a loan pursuant
32to subdivision (c) of Section 41365 may be circulated by one or
33more persons seeking to establish the charter school. The petition
34may be submitted to the governing board of the school district for
35review after the petition is signed by not less than 50 percent of
36the permanent status teachers currently employed at the public
37school to be converted.

38(3) A petition shall include a prominent statement that a
39signature on the petition means that the parent or legal guardian
40is meaningfully interested in having his or her child or ward attend
P116  1the charter school, or in the case of a teacher’s signature, means
2that the teacher is meaningfully interested in teaching at the charter
3school. The proposed charter shall be attached to the petition.

4(4) After receiving approval of its petition, a charter school that
5proposes to establish operations at one or more additional sites
6shall request a material revision to its charter and shall notify the
7authority that granted its charter of those additional locations. The
8authority that granted its charter shall consider whether to approve
9those additional locations at an open, public meeting. If the
10additional locations are approved, they shall be a material revision
11to the charter school’s charter.

12(5) A charter school that is unable to locate within the
13jurisdiction of the chartering school district may establish one site
14outside the boundaries of the school district, but within the county
15in which that school district is located, if the school district within
16the jurisdiction of which the charter school proposes to operate is
17notified in advance of the charter petition approval, the county
18superintendent of schools and the Superintendent are notified of
19the location of the charter school before it commences operations,
20and either of the following circumstances exists:

21(A) The school has attempted to locate a single site or facility
22to house the entire program, but a site or facility is unavailable in
23the area in which the school chooses to locate.

24(B) The site is needed for temporary use during a construction
25or expansion project.

26(6) Commencing January 1, 2003, a petition to establish a charter
27school may not be approved to serve pupils in a grade level that
28is not served by the school district of the governing board
29considering the petition, unless the petition proposes to serve pupils
30in all of the grade levels served by that school district.

31(b) No later than 30 days after receiving a petition, in accordance
32with subdivision (a), the governing board of the school district
33shall hold a public hearing on the provisions of the charter, at
34which time the governing board of the school district shall consider
35the level of support for the petition by teachers employed by the
36school district, other employees of the school district, and parents.
37Following review of the petition and the public hearing, the
38governing board of the school district shall either grant or deny
39the charter within 60 days of receipt of the petition, provided,
40however, that the date may be extended by an additional 30 days
P117  1if both parties agree to the extension. In reviewing petitions for
2the establishment of charter schools pursuant to this section, the
3chartering authority shall be guided by the intent of the Legislature
4that charter schools are and should become an integral part of the
5California educational system and that the establishment of charter
6schools should be encouraged. The governing board of the school
7district shall grant a charter for the operation of a school under this
8part if it is satisfied that granting the charter is consistent with
9sound educational practice. The governing board of the school
10district shall not deny a petition for the establishment of a charter
11school unless it makes written factual findings, specific to the
12particular petition, setting forth specific facts to support one or
13more of the following findings:

14(1) The charter school presents an unsound educational program
15for the pupils to be enrolled in the charter school.

16(2) The petitioners are demonstrably unlikely to successfully
17implement the program set forth in the petition.

18(3) The petition does not contain the number of signatures
19required by subdivision (a).

20(4) The petition does not contain an affirmation of each of the
21conditions described in subdivision (d).

22(5) The petition does not contain reasonably comprehensive
23descriptions of all of the following:

24(A) (i) The educational program of the charter school, designed,
25among other things, to identify those whom the charter school is
26attempting to educate, what it means to be an “educated person”
27in the 21st century, and how learning best occurs. The goals
28identified in that program shall include the objective of enabling
29pupils to become self-motivated, competent, and lifelong learners.

30(ii) The annual goals for the charter school for all pupils and
31for each subgroup of pupils identified pursuant to Section 52052,
32to be achieved in the state priorities, as described in subdivision
33(d) of Section 52060, that apply for the grade levels served, or the
34nature of the program operated, by the charter school, and specific
35annual actions to achieve those goals. A charter petition may
36identify additional school priorities, the goals for the school
37priorities, and the specific annual actions to achieve those goals.

38(iii) If the proposed charter school will serve high school pupils,
39the manner in which the charter school will inform parents about
40the transferability of courses to other public high schools and the
P118  1eligibility of courses to meet college entrance requirements.
2Courses offered by the charter school that are accredited by the
3Western Association of Schools and Colleges may be considered
4transferable and courses approved by the University of California
5or the California State University as creditable under the “A” to
6“G” admissions criteria may be considered to meet college entrance
7requirements.

8(B) The measurable pupil outcomes identified for use by the
9charter school. “Pupil outcomes,” for purposes of this part, means
10the extent to which all pupils of the school demonstrate that they
11have attained the skills, knowledge, and attitudes specified as goals
12in the school’s educational program. Pupil outcomes shall include
13outcomes that address increases in pupil academic achievement
14both schoolwide and for all groups of pupils served by the charter
15school, as that term is defined in subparagraph (B) of paragraph
16(3) of subdivision (a) of Section 47607. The pupil outcomes shall
17align with the state priorities, as described in subdivision (d) of
18Section 52060, that apply for the grade levels served, or the nature
19of the program operated, by the charter school.

20(C) The method by which pupil progress in meeting those pupil
21outcomes is to be measured. To the extent practicable, the method
22for measuring pupil outcomes for state priorities shall be consistent
23with the way information is reported on a school accountability
24report card.

25(D) The governance structure of the charter school, including,
26but not limited to, the process to be followed by the charter school
27to ensure parental involvement.

28(E) The qualifications to be met by individuals to be employed
29by the charter school.

30(F) The procedures that the charter school will follow to ensure
31the health and safety of pupils and staff. These procedures shall
32include the requirement that each employee of the charter school
33furnish it with a criminal record summary as described in Section
3444237.

35(G) The means by which the school will achieve a racial and
36ethnic balance among its pupils that is reflective of the general
37population residing within the territorial jurisdiction of the school
38district to which the charter petition is submitted.

39(H) Admission requirements, if applicable.

P119  1(I) The manner in which annual, independent financial audits
2shall be conducted, which shall employ generally accepted
3accounting principles, and the manner in which audit exceptions
4and deficiencies shall be resolved to the satisfaction of the
5chartering authority.

6(J) The procedures by which pupils can be suspended or
7expelled.

8(K) The manner by which staff members of the charter schools
9will be covered by the State Teachers’ Retirement System, the
10Public Employees’ Retirement System, or federal social security.

11(L) The public school attendance alternatives for pupils residing
12within the school district who choose not to attend charter schools.

13(M) The rights of an employee of the school district upon
14leaving the employment of the school district to work in a charter
15school, and of any rights of return to the school district after
16employment at a charter school.

17(N) The procedures to be followed by the charter school and
18the entity granting the charter to resolve disputes relating to
19provisions of the charter.

20 (O) The procedures to be used if the charter school closes. The
21procedures shall ensure a final audit of the charter school to
22determine the disposition of all assets and liabilities of the charter
23school, including plans for disposing of any net assets and for the
24maintenance and transfer of pupil records.

25(6) The petition does not contain a declaration of whether or
26not the charter school shall be deemed the exclusive public
27employer of the employees of the charter school for purposes of
28Chapter 10.7 (commencing with Section 3540) of Division 4 of
29Title 1 of the Government Code.

30(c) (1) Charter schools shall meet all statewide standards and
31conduct the pupil assessments required pursuant to Sections 60605
32and 60851 and any other statewide standards authorized in statute
33or pupil assessments applicable to pupils in noncharter public
34schools.

35(2) Charter schools shall, on a regular basis, consult with their
36parents, legal guardians, and teachers regarding the charter school’s
37educational programs.

38(d) (1) In addition to any other requirement imposed under this
39part, a charter school shall be nonsectarian in its programs,
40admission policies, employment practices, and all other operations,
P120  1shall not charge tuition, and shall not discriminate against a pupil
2on the basis of the characteristics listed in Section 220. Except as
3provided in paragraph (2), admission to a charter school shall not
4be determined according to the place of residence of the pupil, or
5of his or her parent or legal guardian, within this state, except that
6an existing public school converting partially or entirely to a charter
7school under this part shall adopt and maintain a policy giving
8admission preference to pupils who reside within the former
9attendance area of that public school.

10(2) (A) A charter school shall admit all pupils who wish to
11attend the school.

12(B) If the number of pupils who wish to attend the charter school
13exceeds the school’s capacity, attendance, except for existing pupils
14of the charter school, shall be determined by a public random
15drawing. Preference shall be extended to pupils currently attending
16the charter school and pupils who reside in the district except as
17provided for in Section 47614.5. Other preferences may be
18permitted by the chartering authority on an individual school basis
19and only if consistent with the law.

20(C) In the event of a drawing, the chartering authority shall
21make reasonable efforts to accommodate the growth of the charter
22school and shall not take any action to impede the charter school
23from expanding enrollment to meet pupil demand.

24(3) If a pupil is expelled or leaves the charter school without
25graduating or completing the school year for any reason, the charter
26school shall notify the superintendent of the school district of the
27pupil’s last known address within 30 days, and shall, upon request,
28provide that school district with a copy of the cumulative record
29of the pupil, including a transcript of grades or report card, and
30health information. This paragraph applies only to pupils subject
31to compulsory full-time education pursuant to Section 48200.

32(e) The governing board of a school district shall not require an
33employee of the school district to be employed in a charter school.

34(f) The governing board of a school district shall not require a
35pupil enrolled in the school district to attend a charter school.

36(g) The governing board of a school district shall require that
37the petitioner or petitioners provide information regarding the
38proposed operation and potential effects of the charter school,
39including, but not limited to, the facilities to be used by the school,
40the manner in which administrative services of the school are to
P121  1be provided, and potential civil liability effects, if any, upon the
2school and upon the school district. The description of the facilities
3to be used by the charter school shall specify where the school
4intends to locate. The petitioner or petitioners shall also be required
5to provide financial statements that include a proposed first-year
6operational budget, including startup costs, and cashflow and
7financial projections for the first three years of operation.

8(h) In reviewing petitions for the establishment of charter
9schools within the school district, the governing board of the school
10district shall give preference to petitions that demonstrate the
11capability to provide comprehensive learning experiences to pupils
12identified by the petitioner or petitioners as academically low
13achieving pursuant to the standards established by the department
14under Section 54032, as that section read before July 19, 2006.

15(i) Upon the approval of the petition by the governing board of
16the school district, the petitioner or petitioners shall provide written
17notice of that approval, including a copy of the petition, to the
18applicable county superintendent of schools, the department, and
19the state board.

20(j) (1) If the governing board of a school district denies a
21petition, the petitioner may elect to submit the petition for the
22establishment of a charter school to the county board of education.
23The county board of education shall review the petition pursuant
24to subdivision (b). If the petitioner elects to submit a petition for
25establishment of a charter school to the county board of education
26and the county board of education denies the petition, the petitioner
27may file a petition for establishment of a charter school with the
28state board, and the state board may approve the petition, in
29accordance with subdivision (b). A charter school that receives
30approval of its petition from a county board of education or from
31the state board on appeal shall be subject to the same requirements
32concerning geographic location to which it would otherwise be
33subject if it received approval from the entity to which it originally
34 submitted its petition. A charter petition that is submitted to either
35a county board of education or to the state board shall meet all
36otherwise applicable petition requirements, including the
37identification of the proposed site or sites where the charter school
38will operate.

39(2) In assuming its role as a chartering agency, the state board
40shall develop criteria to be used for the review and approval of
P122  1charter school petitions presented to the state board. The criteria
2shall address all elements required for charter approval, as
3identified in subdivision (b), and shall define “reasonably
4comprehensive” as used in paragraph (5) of subdivision (b) in a
5way that is consistent with the intent of this part. Upon satisfactory
6completion of the criteria, the state board shall adopt the criteria
7on or before June 30, 2001.

8(3) A charter school for which a charter is granted by either the
9county board of education or the state board based on an appeal
10pursuant to this subdivision shall qualify fully as a charter school
11for all funding and other purposes of this part.

12(4) If either the county board of education or the state board
13fails to act on a petition within 120 days of receipt, the decision
14of the governing board of the school district to deny a petition shall
15be subject to judicial review.

16(5) The state board shall adopt regulations implementing this
17subdivision.

18(6) Upon the approval of the petition by the county board of
19education, the petitioner or petitioners shall provide written notice
20of that approval, including a copy of the petition to the department
21and the state board.

22(k) (1) The state board may, by mutual agreement, designate
23its supervisorial and oversight responsibilities for a charter school
24approved by the state board to any local educational agency in the
25county in which the charter school is located or to the governing
26board of the school district that first denied the petition.

27(2) The designated local educational agency shall have all
28monitoring and supervising authority of a chartering agency,
29including, but not limited to, powers and duties set forth in Section
3047607, except the power of revocation, which shall remain with
31the state board.

32(3) A charter school that is granted its charter through an appeal
33to the state board and elects to seek renewal of its charter shall,
34before expiration of the charter, submit its petition for renewal to
35the governing board of the school district that initially denied the
36charter. If the governing board of the school district denies the
37charter school’s petition for renewal, the school may petition the
38state board for renewal of its charter.

39(l) Teachers in charter schools shall hold a Commission on
40Teacher Credentialing certificate, permit, or other document
P123  1equivalent to that which a teacher in other public schools would
2be required to hold. These documents shall be maintained on file
3at the charter school and are subject to periodic inspection by the
4chartering authority. It is the intent of the Legislature that charter
5schools be given flexibility with regard to noncore, noncollege
6preparatory courses.

7(m) A charter school shall transmit a copy of its annual,
8independent financial audit report for the preceding fiscal year, as
9described in subparagraph (I) of paragraph (5) of subdivision (b),
10to its chartering entity, the Controller, the county superintendent
11of schools of the county in which the charter school is sited, unless
12the county board of education of the county in which the charter
13school is sited is the chartering entity, and the department by
14December 15 of each year. This subdivision does not apply if the
15audit of the charter school is encompassed in the audit of the
16chartering entity pursuant to Section 41020.

17

begin deleteSEC. 95.end delete
18begin insertSEC. 96.end insert  

Section 47605.1 of the Education Code is amended
19to read:

20

47605.1.  

(a) (1) Notwithstanding any other law, a charter
21school that is granted a charter from the governing board of a
22school district or county office of education after July 1, 2002, and
23commences providing educational services to pupils on or after
24July 1, 2002, shall locate in accordance with the geographic and
25site limitations of this part.

26(2) Notwithstanding any other law, a charter school that is
27granted a charter by the state board after July 1, 2002, and
28commences providing educational services to pupils on or after
29July 1, 2002, based on the denial of a petition by the governing
30board of a school district or county board of education, as described
31in paragraphs (1) and (2) of subdivision (j) of Section 47605, may
32locate only within the geographic boundaries of the chartering
33entity that initially denied the petition for the charter.

34(3) A charter school that receives approval of its charter from
35a governing board of a school district, a county office of education,
36or the state board before July 1, 2002, but does not commence
37operations until after January 1, 2003, shall be subject to the
38geographic limitations of the part, in accordance with subdivision
39(e).

P124  1(b) This section is not intended to affect the admission
2requirements contained in subdivision (d) of Section 47605.

3(c) Notwithstanding any other law, a charter school may
4establish a resource center, meeting space, or other satellite facility
5located in a county adjacent to that in which the charter school is
6authorized if the following conditions are met:

7(1) The facility is used exclusively for the educational support
8of pupils who are enrolled in nonclassroom-based independent
9study of the charter school.

10(2) The charter school provides its primary educational services
11in, and a majority of the pupils it serves are residents of, the county
12in which the charter school is authorized.

13(d) Notwithstanding subdivision (a) or subdivision (a) of Section
1447605, a charter school that is unable to locate within the
15geographic boundaries of the chartering school district may
16establish one site outside the boundaries of the school district, but
17within the county within which that school district is located, if
18the school district in which the charter school proposes to operate
19is notified in advance of the charter petition approval, the county
20superintendent of schools is notified of the location of the charter
21school before it commences operations, and either of the following
22circumstances exist:

23(1) The school has attempted to locate a single site or facility
24to house the entire program, but such a facility or site is unavailable
25in the area in which the school chooses to locate.

26(2) The site is needed for temporary use during a construction
27or expansion project.

28(e) (1) For a charter school that was granted approval of its
29charter before July 1, 2002, and provided educational services to
30pupils before July 1, 2002, this section only applies to new
31educational services or schoolsites established or acquired by the
32charter school on or after July 1, 2002.

33(2) For a charter school that was granted approval of its charter
34before July 1, 2002, but did not provide educational services to
35pupils before July 1, 2002, this section only applies upon the
36expiration of a charter that is in existence on January 1, 2003.

37(3) Notwithstanding other implementation timelines in this
38section, by June 30, 2005, or upon the expiration of a charter that
39is in existence on January 1, 2003, whichever is later, all charter
40schools shall be required to comply with this section for schoolsites
P125  1at which education services are provided to pupils before or after
2July 1, 2002, regardless of whether the charter school initially
3received approval of its charter school petition before July 1, 2002.
4To achieve compliance with this section, a charter school shall be
5required to receive approval of a charter petition in accordance
6with this section and Section 47605.

7(4) This section is not intended to affect the authority of a
8governmental entity to revoke a charter that is granted on or before
9the effective date of this section.

10(f) A charter school that submits its petition directly to a county
11board of education, as authorized by Sections 47605.5 or 47605.6,
12may establish charter school operations only within the
13geographical boundaries of the county in which that county board
14of education has jurisdiction.

15(g) Notwithstanding any other law, the jurisdictional limitations
16set forth in this section do not apply to a charter school that
17provides instruction exclusively in partnership with any of the
18following:

19(1) The federal Workforce Investment Act of 1998 (29 U.S.C.
20Sec. 2801 et seq.).

21(2) Federally affiliated Youth Build programs.

22(3) Federal job corps training or instruction provided pursuant
23to a memorandum of understanding with the federal provider.

24(4) The California Conservation Corps or local conservation
25corps certified by the California Conservation Corps pursuant to
26Sections 14507.5 or 14406 of the Public Resources Code.

27(5) Instruction provided to juvenile court school pupils pursuant
28to subdivision (b) of Section 42238.18 or pursuant to Section 1981
29for individuals who are placed in a residential facility.

30

begin deleteSEC. 96.end delete
31begin insertSEC. 97.end insert  

Section 47605.6 of the Education Code is amended
32to read:

33

47605.6.  

(a) (1) In addition to the authority provided by
34Section 47605.5, a county board of education may also approve a
35petition for the operation of a charter school that operates at one
36or more sites within the geographic boundaries of the county and
37that provides instructional services that are not generally provided
38by a county office of education. A county board of education may
39approve a countywide charter only if it finds, in addition to the
40other requirements of this section, that the educational services to
P126  1be provided by the charter school will offer services to a pupil
2population that will benefit from those services and that cannot be
3served as well by a charter school that operates in only one school
4district in the county. A petition for the establishment of a
5countywide charter school pursuant to this subdivision may be
6circulated throughout the county by any one or more persons
7seeking to establish the charter school. The petition may be
8submitted to the county board of education for review after either
9of the following conditions is met:

10(A) The petition is signed by a number of parents or guardians
11of pupils residing within the county that is equivalent to at least
12one-half of the number of pupils that the charter school estimates
13will enroll in the school for its first year of operation and each of
14the school districts where the charter school petitioner proposes
15to operate a facility has received at least 30 days’ notice of the
16petitioner’s intent to operate a school pursuant to this section.

17(B) The petition is signed by a number of teachers that is
18equivalent to at least one-half of the number of teachers that the
19charter school estimates will be employed at the school during its
20first year of operation and each of the school districts where the
21charter school petitioner proposes to operate a facility has received
22at least 30 days’ notice of the petitioner’s intent to operate a school
23pursuant to this section.

24(2) An existing public school shall not be converted to a charter
25school in accordance with this section.

26(3) After receiving approval of its petition, a charter school that
27proposes to establish operations at additional sites within the
28geographic boundaries of the county board of education shall notify
29the school districts where those sites will be located. The charter
30school shall also request a material revision of its charter by the
31county board of education that approved its charter and the county
32board of education shall consider whether to approve those
33additional locations at an open, public meeting, held no sooner
34than 30 days following notification of the school districts where
35the sites will be located. If approved, the location of the approved
36sites shall be a material revision of the school’s approved charter.

37(4) A petition shall include a prominent statement indicating
38that a signature on the petition means that the parent or guardian
39 is meaningfully interested in having his or her child or ward attend
40the charter school, or in the case of a teacher’s signature, means
P127  1that the teacher is meaningfully interested in teaching at the charter
2school. The proposed charter shall be attached to the petition.

3(b) No later than 60 days after receiving a petition, in accordance
4with subdivision (a), the county board of education shall hold a
5public hearing on the provisions of the charter, at which time the
6county board of education shall consider the level of support for
7the petition by teachers, parents or guardians, and the school
8districts where the charter school petitioner proposes to place
9school facilities. Following review of the petition and the public
10hearing, the county board of education shall either grant or deny
11the charter within 90 days of receipt of the petition. However, this
12date may be extended by an additional 30 days if both parties agree
13to the extension. A county board of education may impose any
14additional requirements beyond those required by this section that
15it considers necessary for the sound operation of a countywide
16charter school. A county board of education may grant a charter
17for the operation of a school under this part only if it is satisfied
18that granting the charter is consistent with sound educational
19practice and that the charter school has reasonable justification for
20why it could not be established by petition to a school district
21pursuant to Section 47605. The county board of education shall
22deny a petition for the establishment of a charter school if it finds
23one or more of the following:

24(1) The charter school presents an unsound educational program
25for the pupils to be enrolled in the charter school.

26(2) The petitioners are demonstrably unlikely to successfully
27implement the program set forth in the petition.

28(3) The petition does not contain the number of signatures
29required by subdivision (a).

30(4) The petition does not contain an affirmation of each of the
31conditions described in subdivision (d).

32(5) The petition does not contain reasonably comprehensive
33descriptions of all of the following:

34(A) (i) The educational program of the charter school, designed,
35among other things, to identify those pupils whom the charter
36school is attempting to educate, what it means to be an “educated
37person” in the 21st century, and how learning best occurs. The
38goals identified in that program shall include the objective of
39enabling pupils to become self-motivated, competent, and lifelong
40learners.

P128  1(ii) The annual goals for the charter school for all pupils and
2for each subgroup of pupils identified pursuant to Section 52052,
3to be achieved in the state priorities, as described in subdivision
4(d) of Section 52060, that apply for the grade levels served, or the
5nature of the program operated, by the charter school, and specific
6annual actions to achieve those goals. A charter petition may
7identify additional school priorities, the goals for the school
8priorities, and the specific annual actions to achieve those goals.

9(iii) If the proposed charter school will enroll high school pupils,
10the manner in which the charter school will inform parents
11regarding the transferability of courses to other public high schools.
12Courses offered by the charter school that are accredited by the
13Western Association of Schools and Colleges may be considered
14to be transferable to other public high schools.

15(iv) If the proposed charter school will enroll high school pupils,
16information as to the manner in which the charter school will
17inform parents as to whether each individual course offered by the
18charter school meets college entrance requirements. Courses
19approved by the University of California or the California State
20University as satisfying their prerequisites for admission may be
21considered as meeting college entrance requirements for purposes
22of this clause.

23(B) The measurable pupil outcomes identified for use by the
24charter school. “Pupil outcomes,” for purposes of this part, means
25the extent to which all pupils of the school demonstrate that they
26have attained the skills, knowledge, and aptitudes specified as
27goals in the school’s educational program. Pupil outcomes shall
28include outcomes that address increases in pupil academic
29achievement both schoolwide and for all groups of pupils served
30by the charter school, as that term is defined in subparagraph (B)
31of paragraph (3) of subdivision (a) of Section 47607. The pupil
32outcomes shall align with the state priorities, as described in
33subdivision (d) of Section 52060, that apply for the grade levels
34served, or the nature of the program operated, by the charter school.

35(C) The method by which pupil progress in meeting those pupil
36outcomes is to be measured. To the extent practicable, the method
37for measuring pupil outcomes for state priorities shall be consistent
38with the way information is reported on a school accountability
39report card.

P129  1(D) The location of each charter school facility that the petitioner
2proposes to operate.

3(E) The governance structure of the charter school, including,
4but not limited to, the process to be followed by the charter school
5to ensure parental involvement.

6(F) The qualifications to be met by individuals to be employed
7by the charter school.

8(G) The procedures that the charter school will follow to ensure
9the health and safety of pupils and staff. These procedures shall
10include the requirement that each employee of the charter school
11furnish it with a criminal record summary as described in Section
1244237.

13(H) The means by which the charter school will achieve a racial
14and ethnic balance among its pupils that is reflective of the general
15population residing within the territorial jurisdiction of the school
16district to which the charter petition is submitted.

17(I) The manner in which annual, independent, financial audits
18shall be conducted, in accordance with regulations established by
19the state board, and the manner in which audit exceptions and
20deficiencies shall be resolved.

21(J) The procedures by which pupils can be suspended or
22expelled.

23(K) The manner by which staff members of the charter school
24will be covered by the State Teachers’ Retirement System, the
25Public Employees’ Retirement System, or federal social security.

26(L) The procedures to be followed by the charter school and the
27county board of education to resolve disputes relating to provisions
28of the charter.

29(M) Admission requirements of the charter school, if applicable.

30(N) The public school attendance alternatives for pupils residing
31within the county who choose not to attend the charter school.

32(O) The rights of an employee of the county office of education,
33upon leaving the employment of the county office of education,
34to be employed by the charter school, and any rights of return to
35the county office of education that an employee may have upon
36leaving the employ of the charter school.

37(P) The procedures to be used if the charter school closes. The
38procedures shall ensure a final audit of the school to determine the
39disposition of all assets and liabilities of the charter school,
P130  1including plans for disposing of any net assets and for the
2maintenance and transfer of public records.

3(6) A declaration of whether or not the charter school shall be
4deemed the exclusive public school employer of the employees of
5the charter school for purposes of the Educational Employment
6Relations Act (Chapter 10.7 (commencing with Section 3540) of
7Division 4 of Title 1 of the Government Code).

8(7) Any other basis that the county board of education finds
9justifies the denial of the petition.

10(c) A county board of education that approves a petition for the
11operation of a countywide charter may, as a condition of charter
12approval, enter into an agreement with a third party, at the expense
13of the charter school, to oversee, monitor, and report to the county
14board of education on the operations of the charter school. The
15 county board of education may prescribe the aspects of the charter
16school’s operations to be monitored by the third party and may
17prescribe appropriate requirements regarding the reporting of
18information concerning the operations of the charter school to the
19county board of education.

20(d) (1) Charter schools shall meet all statewide standards and
21conduct the pupil assessments required pursuant to Section 60605
22and any other statewide standards authorized in statute or pupil
23assessments applicable to pupils in noncharter public schools.

24(2) Charter schools shall on a regular basis consult with their
25parents and teachers regarding the charter school’s educational
26programs.

27(e) (1) In addition to any other requirement imposed under this
28part, a charter school shall be nonsectarian in its programs,
29admission policies, employment practices, and all other operations,
30shall not charge tuition, and shall not discriminate against any
31pupil on the basis of ethnicity, national origin, gender, gender
32identity, gender expression, or disability. Except as provided in
33paragraph (2), admission to a charter school shall not be determined
34according to the place of residence of the pupil, or of his or her
35parent or guardian, within this state.

36(2) (A) A charter school shall admit all pupils who wish to
37attend the charter school.

38(B) If the number of pupils who wish to attend the charter school
39exceeds the school’s capacity, attendance, except for existing pupils
40of the charter school, shall be determined by a public random
P131  1drawing. Preference shall be extended to pupils currently attending
2the charter school and pupils who reside in the county except as
3provided for in Section 47614.5. Other preferences may be
4permitted by the chartering authority on an individual school basis
5and only if consistent with the law.

6(C) In the event of a drawing, the county board of education
7shall make reasonable efforts to accommodate the growth of the
8charter school and in no event shall take any action to impede the
9charter school from expanding enrollment to meet pupil demand.

10(f) The county board of education shall not require an employee
11of the county or a school district to be employed in a charter school.

12(g) The county board of education shall not require a pupil
13enrolled in a county program to attend a charter school.

14(h) The county board of education shall require that the
15petitioner or petitioners provide information regarding the proposed
16operation and potential effects of the charter school, including, but
17not limited to, the facilities to be used by the charter school, the
18manner in which administrative services of the charter school are
19to be provided, and potential civil liability effects, if any, upon the
20charter school, any school district where the charter school may
21operate, and upon the county board of education. The petitioner
22or petitioners shall also be required to provide financial statements
23that include a proposed first-year operational budget, including
24startup costs, and cashflow and financial projections for the first
25three years of operation.

26(i) In reviewing petitions for the establishment of charter schools
27within the county, the county board of education shall give
28preference to petitions that demonstrate the capability to provide
29comprehensive learning experiences to pupils identified by the
30petitioner or petitioners as academically low achieving pursuant
31to the standards established by the department under Section 54032,
32as that section read before July 19, 2006.

33(j) Upon the approval of the petition by the county board of
34education, the petitioner or petitioners shall provide written notice
35of that approval, including a copy of the petition, to the school
36districts within the county, the Superintendent, and to the state
37board.

38(k) If a county board of education denies a petition, the petitioner
39may not elect to submit the petition for the establishment of the
40charter school to the state board.

P132  1(l) Teachers in charter schools shall be required to hold a
2Commission on Teacher Credentialing certificate, permit, or other
3document equivalent to that which a teacher in other public schools
4would be required to hold. These documents shall be maintained
5on file at the charter school and shall be subject to periodic
6inspection by the chartering authority.

7(m) A charter school shall transmit a copy of its annual,
8independent, financial audit report for the preceding fiscal year,
9as described in subparagraph (I) of paragraph (5) of subdivision
10(b), to the county office of education, the Controller, and the
11department by December 15 of each year. This subdivision does
12not apply if the audit of the charter school is encompassed in the
13audit of the chartering entity pursuant to Section 41020.

14

begin deleteSEC. 97.end delete
15begin insertSEC. 98.end insert  

Section 47614.5 of the Education Code is amended
16to read:

17

47614.5.  

(a) The Charter School Facility Grant Program is
18hereby established, and shall be administered by the California
19School Finance Authority. The grant program is intended to provide
20assistance with facilities rent and lease costs for pupils in charter
21schools.

22(b) Subject to the annual Budget Act, eligible charter schools
23shall receive an amount of up to, but not more than, seven hundred
24fifty dollars ($750) per unit of average daily attendance, as certified
25at the second principal apportionment, to provide an amount of up
26to, but not more than, 75 percent of the annual facilities rent and
27lease costs for the charter school. In any fiscal year, if the funds
28appropriated for purposes of this section by the annual Budget Act
29are insufficient to fully fund the approved amounts, the California
30School Finance Authority shall apportion the available funds on
31a pro rata basis.

32(c) For purposes of this section, the California School Finance
33Authority shall do all of the following:

34(1) Inform charter schools of the grant program.

35(2) Upon application by a charter school, determine eligibility,
36based on the geographic location of the charter schoolsite, pupil
37eligibility for free or reduced-price meals, and a preference in
38admissions, as appropriate. Eligibility for funding shall not be
39limited to the grade level or levels served by the school whose
40attendance area is used to determine eligibility. A charter schoolsite
P133  1is eligible for funding pursuant to this section if the charter
2schoolsite meets any of the following conditions:

3(A) The charter schoolsite is physically located in the attendance
4area of a public elementary school in which 70 percent or more of
5the pupil enrollment is eligible for free or reduced-price meals and
6the charter schoolsite gives a preference in admissions to pupils
7who are currently enrolled in that public elementary school and to
8pupils who reside in the elementary school attendance area where
9the charter schoolsite is located.

10(B) Seventy percent or more of the pupil enrollment at the
11charter schoolsite is eligible for free or reduced-price meals.

12(C) In any year in which additional funds remain after state and
13federal funds have been allocated to applicants that meet the
14eligibility criteria in subparagraph (A) or (B), the California School
15Finance Authority shall expand eligibility to additional charter
16schools that are eligible pursuant to subparagraph (B) by reducing
17the free and reduced-price meals threshold 1 percentage point at
18a time, but in no case below 60 percent.

19(3) Inform charter schools of their grant eligibility.

20(4) Make apportionments to a charter school for eligible
21expenditures according to the following schedule:

22(A) An initial apportionment by August 31 of each fiscal year
23or 30 days after enactment of the annual Budget Act, whichever
24is later, provided the charter school has submitted a timely
25application for funding, as determined by the California School
26Finance Authority. The initial apportionment shall be 50 percent
27of the charter school’s estimated annual entitlement as determined
28by this section.

29(B) A second apportionment by March 1 of each fiscal year.
30This apportionment shall be 75 percent of the charter school’s
31estimated annual entitlement, as adjusted for any revisions in cost,
32enrollment, and other data relevant to computing the charter
33school’s annual entitlement, less any funding already apportioned
34to the charter school.

35(C) A third apportionment within 30 days of the end of each
36fiscal year or 30 days after receiving the data and documentation
37needed to compute the charter school’s total annual entitlement,
38whichever is later. This apportionment shall be the charter school’s
39total annual entitlement less any funding already apportioned to
40the charter school.

P134  1(D) Notwithstanding subparagraph (A), the initial apportionment
2in the 2013-14 fiscal year shall be made by October 15, 2013, or
3105 days after enactment of the Budget Act of 2013, whichever is
4later.

5(d) For purposes of this section:

6(1) The California School Finance Authority shall use prior year
7data on pupil eligibility for free or reduced-price meals for the
8charter schoolsite and prior year rent or lease costs provided by
9charter schools to determine eligibility for the grant program until
10current year data and actual rent or lease costs become known or
11until June 30 of each fiscal year.

12(2) If prior year rent or lease costs are unavailable, and the
13current year lease and rent costs are not immediately available,
14the California School Finance Authority shall use rent or lease
15cost estimates provided by the charter school.

16(3) The California School Finance Authority shall verify that
17the grant amount awarded to each charter school is consistent with
18eligibility requirements as specified in this section and in
19regulations adopted by the authority. If it is determined by the
20California School Finance Authority that a charter school did not
21receive the proper grant award amount, either the charter school
22shall transfer funds back to the authority as necessary within 60
23days of being notified by the authority, or the authority shall
24provide an additional apportionment as necessary to the charter
25school within 60 days of notifying the charter school, subject to
26the availability of funds.

27(e) Funds appropriated for purposes of this section shall not be
28apportioned for any of the following:

29(1) Units of average daily attendance generated through
30nonclassroom-based instruction as defined by paragraph (2) of
31subdivision (e) of Section 47612.5 or that does not comply with
32conditions or limitations set forth in regulations adopted by the
33California School Finance Authority pursuant to this section.

34(2) Charter schools occupying existing school district or county
35office of education facilities, except that charter schools shall be
36eligible for the portions of their facilities that are not existing
37school district or county office of education facilities.

38(3) Charter schools receiving reasonably equivalent facilities
39from their chartering authorities pursuant to Section 47614, except
40that charter schools shall be eligible for the portions of their
P135  1facilities that are not reasonably equivalent facilities received from
2their chartering authorities.

3(f) Funds appropriated for purposes of this section shall be used
4for costs associated with facilities rents and leases, consistent with
5the definitions used in the California School Accounting Manual
6or regulations adopted by the California School Finance Authority.
7These funds also may be used for costs, including, but not limited
8to, costs associated with remodeling buildings, deferred
9maintenance, initially installing or extending service systems and
10other built-in equipment, and improving sites.

11(g) If an existing charter school located in an elementary
12attendance area in which less than 50 percent of pupil enrollment
13is eligible for free or reduced-price meals relocates to an attendance
14area identified in paragraph (2) of subdivision (c), admissions
15preference shall be given to pupils who reside in the elementary
16school attendance area into which the charter school is relocating.

17(h) The California School Finance Authority annually shall
18report to the department and the Director of Finance, and post
19information on its Internet Web site, regarding the use of funds
20that have been made available during the fiscal year to each charter
21school pursuant to the grant program.

22(i) The California School Finance Authority annually shall
23allocate the facilities grants to eligible charter schools according
24to the schedule in paragraph (4) of subdivision (c) for the current
25school year rent and lease costs. However, the California School
26Finance Authority shall first use the funding appropriated for this
27program to reimburse eligible charter schools for unreimbursed
28rent or lease costs for the prior school year.

29(j) It is the intent of the Legislature that the funding level for
30the Charter School Facility Grant Program for the 2012-13 fiscal
31year be considered the base level of funding for subsequent fiscal
32years.

33(k) The Controller shall include instructions appropriate to the
34enforcement of this section in the audit guide required by
35subdivision (a) of Section 14502.1.

36(l) The California School Finance Authority, effective with the
372013-14 fiscal year, shall be considered the senior creditor for
38purposes of satisfying audit findings pursuant to the audit
39instructions to be developed pursuant to subdivision (k).

P136  1(m) The California School Finance Authority may adopt
2regulations to implement this section. Any regulations adopted
3pursuant to this section may be adopted as emergency regulations
4in accordance with the Administrative Procedure Act (Chapter 3.5
5(commencing with Section 11340) of Part 1 of Division 3 of the
6Title 2 of the Government Code). The adoption of these regulations
7shall be deemed to be an emergency and necessary for the
8immediate preservation of the public peace, health and safety, or
9general welfare.

10(n) Notwithstanding any other law, a charter school shall be
11subject, with regard to this section, to audit conducted pursuant to
12Section 41020.

13

begin deleteSEC. 98.end delete
14begin insertSEC. 99.end insert  

Section 47651 of the Education Code is amended to
15read:

16

47651.  

(a) A charter school may receive the state aid portion
17of the charter school’s total local control funding formula allocation
18pursuant to Section 42238.02, as implemented by Section 42238.03,
19directly or through the local educational agency that either grants
20its charter or was designated by the state board.

21(1) In the case of a charter school that elects to receive its
22funding directly, the warrant shall be drawn in favor of the county
23superintendent of schools of the county in which the local
24educational agency that granted the charter, or was designated by
25the state board as the oversight agency pursuant to paragraph (1)
26of subdivision (k) of Section 47605, is located, for deposit to the
27appropriate funds or accounts of the charter school in the county
28treasury. The county superintendent of schools is authorized to
29establish appropriate funds or accounts in the county treasury for
30each charter school.

31(2) In the case of a charter school that does not elect to receive
32its funding directly pursuant to this section, the warrant shall be
33drawn in favor of the county superintendent of schools of the
34county in which the local educational agency that granted the
35charter is located or was designated the oversight agency by the
36state board pursuant to paragraph (1) of subdivision (k) of Section
3747605, for deposit to the appropriate funds or accounts of the local
38educational agency.

39(3) In the case of a charter school, the charter of which was
40granted by the state board, but for which the state board has not
P137  1delegated oversight responsibilities pursuant to paragraph (1) of
2subdivision (k) of Section 47605, the warrant shall be drawn in
3favor of the county superintendent of schools in the county where
4the local educational agency is located that initially denied the
5charter that was later granted by the state board. The county
6superintendent of schools is authorized to establish appropriate
7funds or accounts in the county treasury for each charter school.

8(b) On or before June 1 of each year, a charter school electing
9to receive its funding directly shall so notify the county
10superintendent of schools of the county in which the local
11educational agency that granted the charter is located or, in the
12case of charters for which the state board has designated an
13oversight agency pursuant to paragraph (1) of subdivision (k) of
14Section 47605, the county superintendent of schools of the county
15in which the designated oversight agency is located. An election
16to receive funding directly applies to all funding that the charter
17school is eligible to receive including, but not limited to, the local
18 control funding formula allocation pursuant to Section 42238.02,
19as implemented by Section 42238.03, other state and federal
20categorical aid, and lottery funds.

21

begin deleteSEC. 99.end delete
22begin insertSEC. 100.end insert  

Section 48003 of the Education Code is amended
23to read:

24

48003.  

Commencing with the 2015-16 school year, a local
25educational agency shall provide an annual report to the department
26that contains information on the type of kindergarten program
27offered by the local educational agency, including part-day,
28full-day, or both, in a manner determined by the department.

29

begin deleteSEC. 100.end delete
30begin insertSEC. 101.end insert  

Section 48297 of the Education Code is amended
31to read:

32

48297.  

(a) (1) A state or local agency conducting a
33truancy-related mediation or prosecuting a pupil or a pupil’s parent
34or legal guardian pursuant to Article 5 (commencing with Section
3548260), this article, Section 48454, Section 270.1 or 272 of the
36Penal Code, or Section 601 of the Welfare and Institutions Code,
37as applicable, shall provide, using the most cost-effective method
38possible, including, but not limited to, by email or telephone, the
39school district, school attendance review board, county
40superintendent of schools, probation department, or any other
P138  1agency that referred a truancy-related mediation, criminal
2complaint, or petition with the outcome of each referral. For
3purposes of this section, “outcome” means the imposed conditions
4or terms placed on a pupil or a pupil’s parent or legal guardian and
5 the acts or actions taken by a state or local agency with respect to
6a truancy-related mediation, prosecution, criminal complaint, or
7petition.

8(2) This subdivision applies to, but is not limited to, the referrals
9referenced in Article 5 (commencing with Section 48260), this
10article, Section 48454, Sections 270.1 and 272 of the Penal Code,
11and Sections 601, 601.2, and 601.3 of the Welfare and Institutions
12Code.

13(b) It is the intent of the Legislature to determine the best
14evidence-based practices to reduce truancy. This section is not
15intended to encourage additional referrals, complaints, petitions,
16or prosecutions, or to encourage more serious sanctions for pupils.

17

begin deleteSEC. 101.end delete
18begin insertSEC. 102.end insert  

Section 48321 of the Education Code is amended
19to read:

20

48321.  

(a) (1) A county school attendance review board may
21be established in each county. The county school attendance review
22board may accept referrals or requests for hearing services from
23one or more school districts within its jurisdiction pursuant to
24subdivision (f). A county school attendance review board may be
25operated through a consortium or partnership of a county with one
26or more school districts or between two or more counties.

27(2) A county school attendance review board, if established,
28shall include, but need not be limited to, all of the following:

29(A) A parent.

30(B) A representative of school districts.

31(C) A representative of the county probation department.

32(D) A representative of the county welfare department.

33(E) A representative of the county superintendent of schools.

34(F) A representative of law enforcement agencies.

35(G) A representative of community-based youth service centers.

36(H) A representative of school guidance personnel.

37(I) A representative of child welfare and attendance personnel.

38(J) A representative of school or county health care personnel.

39(K) A representative of school, county, or community mental
40health personnel.

P139  1(L) A representative of the county district attorney’s office. If
2more than one county is represented in a county school attendance
3review board, a representative from each county’s district attorney’s
4office may be included.

5(M) A representative of the county public defender’s office. If
6more than one county is represented in a county school attendance
7review board, a representative from each county’s public defender’s
8office may be included.

9(3) Notwithstanding paragraph (2), for purposes of conducting
10hearings, the chairperson of the county school attendance review
11board is authorized to determine the members needed at a hearing,
12based on the needs of the pupil, in order to address attendance or
13behavioral problems.

14(4) The school district representatives on the county school
15attendance review board shall be nominated by the governing
16boards of school districts and shall be appointed by the county
17superintendent of schools. All other persons and group
18representatives shall be appointed by the county board of education.

19(5) (A) If a county school attendance review board exists, the
20county superintendent of schools shall, at the beginning of each
21school year, convene a meeting of the county school attendance
22review board for purposes of adopting plans to promote interagency
23and community cooperation and to reduce the duplication of
24services provided to youth who have serious school attendance
25and behavior problems.

26(B) Notwithstanding subparagraph (A), for purposes of
27conducting hearings, a county school attendance review board may
28meet as needed.

29(b) (1) Local school attendance review boards may include,
30but need not be limited to, all of the following:

31(A) A parent.

32(B) A representative of school districts.

33(C) A representative of the county probation department.

34(D) A representative of the county welfare department.

35(E) A representative of the county superintendent of schools.

36(F) A representative of law enforcement agencies.

37(G) A representative of community-based youth service centers.

38(H) A representative of school guidance personnel.

39(I) A representative of child welfare and attendance personnel.

40(J) A representative of school or county health care personnel.

P140  1(K) A representative of school, county, or community mental
2health personnel.

3(L) A representative of the county district attorney’s office. If
4more than one county is represented in a local school attendance
5review board, a representative from each county’s district attorney’s
6office may be included.

7(M) A representative of the county public defender’s office. If
8more than one county is represented in a county school attendance
9review board, a representative from each county’s public defender’s
10office may be included.

11(2) Other persons or group representatives shall be appointed
12by the county board of education.

13(c) A county school attendance review board may elect, pursuant
14to regulations adopted pursuant to Section 48324, one member as
15chairperson with responsibility for coordinating services of the
16county school attendance review board.

17(d) A county school attendance review board may provide for
18the establishment of local school attendance review boards in any
19number as shall be necessary to carry out the intent of this article.

20(e) In any county in which there is no county school attendance
21review board the governing board of a school district may elect to
22establish a local school attendance review board, which shall
23operate in the same manner and have the same authority as a county
24school attendance review board.

25(f) A county school attendance review board may provide
26guidance to local school attendance review boards.

27(g) If the county school attendance review board determines
28that the needs of pupils, as defined in this article, can best be served
29by a single board, the county school attendance review board may
30then serve as the school attendance review board for all pupils in
31the county, or, upon the request of any school district in the county,
32the county school attendance review board may serve as the school
33attendance review board for pupils of that school district.

34(h) This article is not intended to prohibit an agreement on the
35part of counties to provide these services on a regional basis.

36

begin deleteSEC. 102.end delete
37begin insertSEC. 103.end insert  

The heading of Article 2 (commencing with Section
3848810) of Chapter 5 of Part 27 of Division 4 of Title 2 of the 39Education Code is repealed.

P141  1

begin deleteSEC. 103.end delete
2begin insertSEC. 104.end insert  

Section 48900.9 of the Education Code is amended
3to read:

4

48900.9.  

(a) The superintendent of a school district, the
5principal of a school, or the principal’s designee may refer a victim
6of, witness to, or other pupil affected by, an act of bullying, as
7defined in paragraph (1) of subdivision (r) of Section 48900,
8committed on or after January 1, 2015, to the school counselor,
9school psychologist, social worker, child welfare attendance
10personnel, school nurse, or other school support service personnel
11for case management, counseling, and participation in a restorative
12justice program, as appropriate.

13(b) A pupil who has engaged in an act of bullying, as defined
14in paragraph (1) of subdivision (r) of Section 48900, may also be
15referred to the school counselor, school psychologist, social worker,
16child welfare attendance personnel, or other school support service
17personnel for case management and counseling, or for participation
18in a restorative justice program, pursuant to Section 48900.5.

19

begin deleteSEC. 104.end delete
20begin insertSEC. 105.end insert  

Section 49452.9 of the Education Code is amended
21to read:

22

49452.9.  

(a) For purposes of the 2015-16, 2016-17, and
232017-18 school years, a public school, including a charter school,
24shall add an informational item to its enrollment forms, or amend
25an existing enrollment form, in order to provide the parent or legal
26guardian information about health care coverage options and
27enrollment assistance.

28(b) To satisfy the requirements of subdivision (a), a school may
29do either of the following:

30(1) Use a template developed pursuant to subdivision (d).

31(2) Develop an informational item or amend an existing
32enrollment form to provide information about health care coverage
33options and enrollment assistance.

34(c) A school may include a factsheet with its enrollment forms
35explaining basic information about affordable health care coverage
36options for children and families.

37(d) (1) The department shall develop a standardized template
38for both of the following:

39(A) The informational item or amendment required by
40subdivision (a).

P142  1(B) The factsheet described in subdivision (c).

2(2) The department shall make any templates developed pursuant
3to this subdivision available on its Internet Web site on or before
4August 1, 2015, and shall, upon request, provide written copies of
5the template to a school district.

6(e) A school district shall not discriminate against a pupil who
7does not have health care coverage or use any information relating
8to a pupil’s health care coverage or interest in learning about health
9care coverage in any manner that would bring harm to the pupil
10or the pupil’s family.

11(f) This section shall remain in effect only until January 1, 2019,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2019, deletes or extends that date.

14

begin deleteSEC. 105.end delete
15begin insertSEC. 106.end insert  

Section 51747.3 of the Education Code, as amended
16by Section 1 of Chapter 807 of the Statutes of 2014, is amended
17to read:

18

51747.3.  

(a) Notwithstanding any other law, a local educational
19agency, including, but not limited to, a charter school, shall not
20claim state funding for the independent study of a pupil, whether
21characterized as home study or otherwise, if the local educational
22agency has provided any funds or other thing of value to the pupil
23or his or her parent or guardian that the local educational agency
24does not provide to pupils who attend regular classes or to their
25parents or guardians. A charter school shall not claim state funding
26for the independent study of a pupil, whether characterized as
27home study or otherwise, if the charter school has provided any
28funds or other thing of value to the pupil or his or her parent or
29guardian that a school district could not legally provide to a
30similarly situated pupil of the school district or to his or her parent
31or guardian.

32(b) (1) Notwithstanding paragraph (1) of subdivision (d) of
33Section 47605 or any other law, and except as specified in
34paragraph (2), community school and independent study average
35daily attendance shall be claimed by school districts, county
36superintendents of schools, and charter schools only for pupils
37who are residents of the county in which the apportionment claim
38is reported, or who are residents of a county immediately adjacent
39to the county in which the apportionment claim is reported.

P143  1(2) In addition to claiming independent study average daily
2attendance pursuant to paragraph (1), a virtual or online charter
3school may also claim independent study average daily attendance
4for a pupil who is enrolled in the school and moves to a residence
5located outside of the geographic boundaries of the virtual or online
6charter school. The virtual or online charter school may claim
7independent study average daily attendance for the pupil under
8this paragraph only for the duration of the course or courses in
9which the pupil is enrolled or until the end of the school year,
10whichever occurs first.

11(c) The Superintendent shall not apportion funds for reported
12average daily attendance, through full-time independent study, of
13pupils who are enrolled in school pursuant to subdivision (b) of
14Section 48204.

15(d) In conformity with Provisions 25 and 28 of Item
166110-101-001 of Section 2.00 of the Budget Act of 1992, this
17section is applicable to average daily attendance reported for
18apportionment purposes beginning July 1, 1992. The provisions
19of this section are not subject to waiver by the state board, by the
20Superintendent, or under any provision of Part 26.8 (commencing
21with Section 47600).

22(e) For purposes of this section, “virtual or online charter school”
23means a charter school in which at least 80 percent of teaching
24and pupil interaction occurs via the Internet.

25(f) This section shall remain in effect only until January 1, 2018,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2018, deletes or extends that date.

28

begin deleteSEC. 106.end delete
29begin insertSEC. 107.end insert  

Section 52064.5 of the Education Code is amended
30to read:

31

52064.5.  

(a) On or before October 1, 2015, the state board
32shall adopt evaluation rubrics for all of the following purposes:

33(1) To assist a school district, county office of education, or
34charter school in evaluating its strengths, weaknesses, and areas
35that require improvement.

36(2) To assist a county superintendent of schools in identifying
37school districts and charter schools in need of technical assistance
38pursuant to Section 52071 or 47607.3, as applicable, and the
39specific priorities upon which the technical assistance should be
40focused.

P144  1(3) To assist the Superintendent in identifying school districts
2for which intervention pursuant to Section 52072 is warranted.

3(b) The evaluation rubrics shall reflect a holistic,
4multidimensional assessment of school district and individual
5schoolsite performance and shall include all of the state priorities
6described in subdivision (d) of Section 52060.

7(c) As part of the evaluation rubrics, the state board shall adopt
8standards for school district and individual schoolsite performance
9and expectations for improvement in regard to each of the state
10priorities described in subdivision (d) of Section 52060.

11

begin deleteSEC. 107.end delete
12begin insertSEC. 108.end insert  

Section 52852 of the Education Code is amended
13to read:

14

52852.  

(a) A schoolsite council shall be established at each
15school that participates in school-based program coordination. The
16schoolsite council shall be composed of the principal and
17representatives of: teachers selected by teachers at the school; other
18school personnel selected by other school personnel at the school;
19parents of pupils attending the school selected by the parents; and,
20in secondary schools, pupils selected by pupils attending the school.

21(b) (1) At the elementary level, the schoolsite council shall be
22constituted to ensure parity between (A) the principal, classroom
23teachers, and other school personnel; and (B) parents or other
24community members selected by parents.

25(2) At the secondary level, the schoolsite council shall be
26constituted to ensure parity between (A) the principal, classroom
27teachers, and other school personnel; and (B) an equal number of
28parents, or other community members selected by parents, and
29pupils.

30(3) At both the elementary and secondary levels, classroom
31teachers shall comprise the majority of persons represented under
32subparagraph (A) of paragraphs (1) and (2).

33(c) Existing schoolwide advisory groups or school support
34groups may be utilized as the schoolsite council if those groups
35conform to this section.

36(d) The Superintendent shall provide several examples of
37selection and replacement procedures that may be considered by
38schoolsite councils.

39(e) An employee of a school who is also a parent or guardian
40of a pupil who attends a school other than the school of the parent’s
P145  1or guardian’s employment is not disqualified by virtue of this
2employment from serving as a parent representative on the
3schoolsite council established for the school that his or her child
4or ward attends.

5

begin deleteSEC. 108.end delete
6begin insertSEC. 109.end insert  

The heading of Chapter 14 (commencing with
7Section 52980) of Part 28 of Division 4 of Title 2 of the Education
8Code
is repealed.

9

begin deleteSEC. 109.end delete
10begin insertSEC. 110.end insert  

The heading of Article 8 (commencing with Section
1154750) of Chapter 9 of Part 29 of Division 4 of Title 2 of the 12Education Code is repealed.

13

begin deleteSEC. 110.end delete
14begin insertSEC. 111.end insert  

The heading of Chapter 8.5 (commencing with
15Section 56867) of Part 30 of Division 4 of Title 2 of the Education
16Code
is repealed.

17

begin deleteSEC. 111.end delete
18begin insertSEC. 112.end insert  

The heading of Article 7 (commencing with Section
1966080) of Chapter 2 of Part 40 of Division 5 of Title 3 of the 20Education Code, as added by Section 2 of Chapter 200 of the
21Statutes of 1995, is amended and renumbered to read:

22 

23Article 8.  English Proficiency in Higher Education
24

 

25

begin deleteSEC. 112.end delete
26begin insertSEC. 113.end insert  

Section 66261.5 of the Education Code, as added
27by Section 38 of Chapter 569 of the Statutes of 2007, is amended
28and renumbered to read:

29

66261.3.  

“Nationality” includes citizenship, country of origin,
30and national origin.

31

begin deleteSEC. 113.end delete
32begin insertSEC. 114.end insert  

Section 66281.7 of the Education Code is amended
33to read:

34

66281.7.  

(a) It is the policy of the State of California, pursuant
35to Section 66251, that all persons, regardless of their sex, should
36enjoy freedom from discrimination of any kind, including, but not
37limited to, pregnancy discrimination as described in Title IX of
38the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.),
39in the postsecondary educational institutions of the state.

P146  1(b) Each of the following requirements apply to postsecondary
2educational institutions in this state:

3(1) A postsecondary educational institution, including the
4faculty, staff, or other employees of the institution, shall not require
5a graduate student to take a leave of absence, withdraw from the
6graduate program, or limit his or her graduate studies solely due
7to pregnancy or pregnancy-related issues.

8(2) A postsecondary educational institution, including the
9faculty, staff, or other employees of the institution, shall reasonably
10accommodate pregnant graduate students so they may complete
11their graduate courses of study and research. Reasonable
12accommodation within the meaning of this subdivision may
13include, but is not necessarily limited to, allowances for the
14pregnant student’s health and safety, such as allowing the student
15to maintain a safe distance from hazardous substances, allowing
16the student to make up tests and assignments that are missed for
17pregnancy-related reasons, or allowing the student to take a leave
18of absence. Reasonable accommodation shall include the excusing
19of absences that are medically necessary, as required under Title
20IX.

21(3) A graduate student who chooses to take a leave of absence
22because she is pregnant or has recently given birth shall be allowed
23a period consistent with the policies of the postsecondary
24educational institution, or a period of 12 additional months,
25whichever period is longer, to prepare for and take preliminary
26and qualifying examinations and an extension of at least 12 months
27toward normative time to degree while in candidacy for a graduate
28degree, unless a longer extension is medically necessary.

29(4) A graduate student who is not the birth parent and who
30chooses to take a leave of absence because of the birth of his or
31her child shall be allowed a period consistent with the policies of
32the postsecondary educational institution, or a period of one month,
33whichever period is longer, to prepare for and take preliminary
34and qualifying examinations, and an extension of at least one month
35toward normative time to degree while in candidacy for a graduate
36degree, unless a longer period or extension is medically necessary
37to care for his or her partner or their child.

38(5) An enrolled graduate student in good academic standing
39who chooses to take a leave of absence because she is pregnant or
40has recently given birth shall return to her program in good
P147  1academic standing following a leave period consistent with the
2policies of the postsecondary educational institution or of up to
3one academic year, whichever period is longer, subject to the
4reasonable administrative requirements of the institution, unless
5there is a medical reason for a longer absence, in which case her
6standing in the graduate program shall be maintained during that
7period of absence.

8(6) An enrolled graduate student in good academic standing
9who is not the birth parent and who chooses to take a leave of
10absence because of the birth of his or her child shall return to his
11or her program in good academic standing following a leave period
12consistent with the policies of the postsecondary educational
13institution, or of up to one month, whichever period is longer,
14subject to the reasonable administrative requirements of the
15institution.

16(c) Each postsecondary educational institution shall have a
17written policy for graduate students on pregnancy discrimination
18and procedures for addressing pregnancy discrimination complaints
19under Title IX or this section. A copy of this policy shall be made
20available to faculty, staff, and employees in their required training.
21This policy shall be made available to all graduate students
22attending orientation sessions at a postsecondary educational
23institution.

24

begin deleteSEC. 114.end delete
25begin insertSEC. 115.end insert  

Section 67386 of the Education Code is amended
26to read:

27

67386.  

(a) In order to receive state funds for student financial
28assistance, the governing board of each community college district,
29the Trustees of the California State University, the Regents of the
30University of California, and the governing boards of independent
31postsecondary institutions shall adopt a policy concerning sexual
32assault, domestic violence, dating violence, and stalking, as defined
33in the federal Higher Education Act of 1965 (20 U.S.C. Sec.
341092(f)), involving a student, both on and off campus. The policy
35shall include all of the following:

36(1) An affirmative consent standard in the determination of
37whether consent was given by both parties to sexual activity.
38“Affirmative consent” means affirmative, conscious, and voluntary
39agreement to engage in sexual activity. It is the responsibility of
40each person involved in the sexual activity to ensure that he or she
P148  1has the affirmative consent of the other or others to engage in the
2sexual activity. Lack of protest or resistance does not mean consent,
3nor does silence mean consent. Affirmative consent must be
4ongoing throughout a sexual activity and can be revoked at any
5time. The existence of a dating relationship between the persons
6involved, or the fact of past sexual relations between them, should
7never by itself be assumed to be an indicator of consent.

8(2) A policy that, in the evaluation of complaints in any
9disciplinary process, it shall not be a valid excuse to alleged lack
10of affirmative consent that the accused believed that the
11complainant consented to the sexual activity under either of the
12following circumstances:

13(A) The accused’s belief in affirmative consent arose from the
14intoxication or recklessness of the accused.

15(B) The accused did not take reasonable steps, in the
16circumstances known to the accused at the time, to ascertain
17whether the complainant affirmatively consented.

18(3) A policy that the standard used in determining whether the
19elements of the complaint against the accused have been
20demonstrated is the preponderance of the evidence.

21(4) A policy that, in the evaluation of complaints in the
22disciplinary process, it shall not be a valid excuse that the accused
23believed that the complainant affirmatively consented to the sexual
24activity if the accused knew or reasonably should have known that
25the complainant was unable to consent to the sexual activity under
26any of the following circumstances:

27(A) The complainant was asleep or unconscious.

28(B) The complainant was incapacitated due to the influence of
29drugs, alcohol, or medication, so that the complainant could not
30understand the fact, nature, or extent of the sexual activity.

31(C) The complainant was unable to communicate due to a mental
32or physical condition.

33(b) In order to receive state funds for student financial assistance,
34the governing board of each community college district, the
35Trustees of the California State University, the Regents of the
36University of California, and the governing boards of independent
37postsecondary institutions shall adopt detailed and victim-centered
38policies and protocols regarding sexual assault, domestic violence,
39dating violence, and stalking involving a student that comport with
P149  1best practices and current professional standards. At a minimum,
2the policies and protocols shall cover all of the following:

3(1) A policy statement on how the institution will provide
4appropriate protections for the privacy of individuals involved,
5including confidentiality.

6(2) Initial response by the institution’s personnel to a report of
7an incident, including requirements specific to assisting the victim,
8providing information in writing about the importance of preserving
9evidence, and the identification and location of witnesses.

10(3) Response to stranger and nonstranger sexual assault.

11(4) The preliminary victim interview, including the development
12of a victim interview protocol, and a comprehensive followup
13victim interview, as appropriate.

14(5) Contacting and interviewing the accused.

15(6) Seeking the identification and location of witnesses.

16(7) Providing written notification to the victim about the
17availability of, and contact information for, on- and off-campus
18resources and services, and coordination with law enforcement,
19as appropriate.

20(8) Participation of victim advocates and other supporting
21people.

22(9) Investigating allegations that alcohol or drugs were involved
23in the incident.

24(10) Providing that an individual who participates as a
25complainant or witness in an investigation of sexual assault,
26domestic violence, dating violence, or stalking will not be subject
27to disciplinary sanctions for a violation of the institution’s student
28conduct policy at or near the time of the incident, unless the
29institution determines that the violation was egregious, including,
30but not limited to, an action that places the health or safety of any
31other person at risk or involves plagiarism, cheating, or academic
32dishonesty.

33(11) The role of the institutional staff supervision.

34(12) A comprehensive, trauma-informed training program for
35campus officials involved in investigating and adjudicating sexual
36assault, domestic violence, dating violence, and stalking cases.

37(13) Procedures for confidential reporting by victims and third
38parties.

39(c) In order to receive state funds for student financial assistance,
40the governing board of each community college district, the
P150  1 Trustees of the California State University, the Regents of the
2University of California, and the governing boards of independent
3postsecondary institutions shall, to the extent feasible, enter into
4memoranda of understanding, agreements, or collaborative
5partnerships with existing on-campus and community-based
6organizations, including rape crisis centers, to refer students for
7assistance or make services available to students, including
8counseling, health, mental health, victim advocacy, and legal
9assistance, and including resources for the accused.

10(d) In order to receive state funds for student financial assistance,
11the governing board of each community college district, the
12Trustees of the California State University, the Regents of the
13University of California, and the governing boards of independent
14postsecondary institutions shall implement comprehensive
15prevention and outreach programs addressing sexual violence,
16domestic violence, dating violence, and stalking. A comprehensive
17prevention program shall include a range of prevention strategies,
18including, but not limited to, empowerment programming for
19victim prevention, awareness raising campaigns, primary
20prevention, bystander intervention, and risk reduction. Outreach
21programs shall be provided to make students aware of the
22institution’s policy on sexual assault, domestic violence, dating
23violence, and stalking. At a minimum, an outreach program shall
24include a process for contacting and informing the student body,
25campus organizations, athletic programs, and student groups about
26the institution’s overall sexual assault policy, the practical
27implications of an affirmative consent standard, and the rights and
28responsibilities of students under the policy.

29(e) Outreach programming shall be included as part of every
30incoming student’s orientation.

31

begin deleteSEC. 115.end delete
32begin insertSEC. 116.end insert  

The heading of Article 7 (commencing with Section
3368090) of Chapter 1 of Part 41 of Division 5 of Title 3 of the 34Education Code is repealed.

35

begin deleteSEC. 116.end delete
36begin insertSEC. 117.end insert  

Section 69437 of the Education Code is amended
37to read:

38

69437.  

(a) Commencing with the 2001-02 academic year, and
39each academic year thereafter, there shall be established the
40Competitive Cal Grant A and B award program for students who
P151  1did not receive a Cal Grant A or B entitlement award pursuant to
2Article 2 (commencing with Section 69434), Article 3
3(commencing with Section 69435), or Article 4 (commencing with
4Section 69436). Awards made under this section are not
5entitlements. The submission of an application by a student under
6this section does not entitle that student to an award. The selection
7of students under this article shall be determined pursuant to
8subdivision (c) and other relevant criteria established by the
9commission.

10(b) A total of 22,500 Cal Grant A and B awards shall be granted
11annually under this article on a competitive basis for applicants
12who meet the general eligibility criteria established in Article 1
13(commencing with Section 69430) and the priorities established
14by the commission pursuant to subdivision (c).

15(1) Fifty percent of the awards referenced in this subdivision
16are available to all students, including California community
17college students, who meet the financial need and academic
18requirements established pursuant to this article. A student
19enrolling at a qualifying baccalaureate degree granting institution
20shall apply by the March 2 deadline. A California community
21college student is eligible to apply at the March 2 or the September
222 deadline.

23(2) Fifty percent of the awards referenced in this subdivision
24are reserved for students who will be enrolled at a California
25community college. The commission shall establish a second
26application deadline of September 2 for community college
27students to apply for these awards effective with the fall term or
28semester of the 2001-02 academic year.

29(3) If any awards are not distributed pursuant to paragraphs (1)
30and (2) upon initial allocation of the awards under this article, the
31commission shall make awards to as many eligible students as
32possible, beginning with the students with the lowest expected
33family contribution and highest academic merit, consistent with
34the criteria adopted by the commission pursuant to subdivision
35(c), as practicable without exceeding an annual cumulative total
36of 22,500 awards.

37(c) (1) On or before February 1, 2001, acting pursuant to a
38public hearing process that is consistent with the Bagley-Keene
39Open Meeting Act (Article 9 (commencing with Section 11120)
40of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
P152  1Code), the commission shall establish selection criteria for Cal
2Grant A and B awards under the competitive program that give
3special consideration to disadvantaged students, taking into
4consideration those financial, educational, cultural, language,
5home, community, environmental, and other conditions that hamper
6a student’s access to, and ability to persist in, postsecondary
7education programs.

8(2) Additional consideration shall be given to both of the
9following:

10(A) Students pursuing Cal Grant B awards who reestablish their
11grade point averages.

12(B) Students who did not receive awards pursuant to Article 2
13(commencing with Section 69434), Article 3 (commencing with
14Section 69435), or Article 4 (commencing with Section 69436).

15(d) All other students who meet the eligibility requirements
16pursuant to Article 1 (commencing with Section 69430) are eligible
17to compete for an award pursuant to this article.

18

begin deleteSEC. 117.end delete
19begin insertSEC. 118.end insert  

Section 70022 of the Education Code is amended
20to read:

21

70022.  

(a) (1) Subject to an available and sufficient
22appropriation, commencing with the 2014-15 academic year, an
23undergraduate student enrolled in the California State University
24or the University of California who meets the requirements of
25paragraph (2) is eligible for a scholarship award as described in
26that paragraph.

27(2) Each academic year, except as provided in paragraphs (3)
28and (4), a student shall receive a scholarship award in an amount
29that, combined with other federal, state, or institutionally
30administered student grants or fee waivers received by an eligible
31student, is up to 40 percent of the amount charged to that student
32in that academic year for mandatory systemwide tuition and fees,
33if all of the following requirements are met:

34(A) The student’s annual household income does not exceed
35one hundred fifty thousand dollars ($150,000). For purposes of
36this article, annual household income shall be calculated in a
37manner that is consistent with the requirements applicable to the
38Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program
39(Chapter 1.7 (commencing with Section 69430)) and Section
4069506.

P153  1(B) The student satisfies the eligibility requirements for a Cal
2Grant award pursuant to Section 69433.9, except that a student
3who is exempt from nonresident tuition under Section 68130.5
4shall not be required to satisfy the requirements of subdivision (a)
5of Section 69433.9.

6(C) The student is exempt from paying nonresident tuition.

7(D) The student completes and submits a Free Application for
8Federal Student Aid (FAFSA) application. The FAFSA must be
9submitted or postmarked by no later than March 2. If the student
10is not able to complete a FAFSA application, the student may
11satisfy this subparagraph by submitting an application determined
12by the commission to be equivalent to the FAFSA application for
13purposes of this article by March 2.

14(E) The student makes a timely application or applications for
15all other federal, state, or institutionally administered grants or fee
16waivers for which the student is eligible.

17(F) The student maintains satisfactory academic progress in a
18manner that is consistent with the requirements applicable to the
19Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program
20pursuant to subdivision (m) of Section 69432.7.

21(G) The student is pursuing his or her first undergraduate
22 baccalaureate degree or has completed a baccalaureate degree and
23has been admitted to, and is enrolled in, a program of professional
24teacher preparation at an institution approved by the California
25Commission on Teacher Credentialing.

26(H) The student is enrolled at least part time.

27(3)  (A)  The percentage specified in paragraph (2) shall be
28reduced by 0.6-percent increments per one thousand dollars
29($1,000) of annual household income in excess of one hundred
30thousand dollars ($100,000), to a minimum 10 percent of
31mandatory systemwide tuition and fees for an academic year,
32provided that no scholarship award shall be provided to a student
33with an annual household income exceeding one hundred fifty
34thousand dollars ($150,000). This reduction shall be in addition
35to any reduction required by subdivision (e) of Section 70023.

36(B) Notwithstanding subparagraph (A), for any student who
37qualifies for a scholarship award of at least one dollar ($1), the
38minimum annual scholarship amount for full-time enrollment is
39ninety dollars ($90).

P154  1(4) For the 2014-15, 2015-16, and 2016-17 academic years,
2the maximum amount of a student’s scholarship award shall be 35
3percent, 50 percent, and 75 percent, respectively, of the total
4scholarship award amount that the student would otherwise be
5eligible to receive.

6(b) In order for students enrolled in their respective segments
7to remain eligible to receive a scholarship award under this article,
8the University of California and the California State University
9shall not supplant their respective institutional need-based grants
10with the funds provided for scholarships under this article, and
11shall maintain their funding amounts at a level that, at a minimum,
12is equal to the level maintained for undergraduate students during
13the 2013-14 academic year.

14(c) The University of California and the California State
15University shall report on the implementation of this article as part
16of the report made pursuant to Section 66021.1.

17(d) A Middle Class Scholarship Program award authorized
18pursuant to this article shall be defined as a full-time equivalent
19grant. An award to a part-time student shall be a fraction of a
20full-time grant, as determined by the proportionate amount charged
21for systemwide tuition and fees. A part-time student shall not be
22discriminated against in the selection of Middle Class Scholarship
23Program awards. For purposes of this section, “full-time” and
24“part-time” have the same meaning as specified in subdivision (f)
25of Section 69432.7.

26

begin deleteSEC. 118.end delete
27begin insertSEC. 119.end insert  

Section 70037 of the Education Code is amended
28to read:

29

70037.  

(a) The Trustees of the California State University and
30the Regents of the University of California shall adopt regulations
31providing for the withholding of institutional services from a
32student or former student who has been notified in writing at the
33student’s or former student’s last known address that he or she is
34in default on a loan or loans under the DREAM Program.

35(b) (1) The regulations adopted pursuant to subdivision (a) shall
36provide that the services withheld may be provided during a period
37when the facts are in dispute or when the student or former student
38demonstrates to either the Trustees of the California State
39University or the Regents of the University of California, as
40applicable, that reasonable progress has been made to repay the
P155  1loan or that there exists a reasonable justification for the delay as
2determined by the institution. The regulations shall specify the
3services to be withheld from the student, which may include, but
4are not limited to, the following:

5(A) The provision of grades.

6(B) The provision of transcripts.

7(C) The provision of diplomas.

8(2) The services withheld pursuant to paragraph (1) shall not
9include the withholding of registration privileges.

10(c) “Default,” for purposes of this section, means the failure of
11a borrower to make an installment payment when due, or to meet
12other terms of the promissory note under circumstances in which
13the institution holding the loan finds it reasonable to conclude that
14the borrower no longer intends to honor the obligation to repay,
15provided that this failure persists for 180 days for a loan repayable
16in monthly installments, or 240 days for a loan repayable in less
17frequent installments.

18(d) This section does not impose any requirement upon the
19University of California unless the Regents of the University of
20California, by resolution, makes this section applicable.

21

begin deleteSEC. 119.end delete
22begin insertSEC. 120.end insert  

The heading of Article 3 (commencing with Section
2372632) of Chapter 6 of Part 45 of Division 7 of Title 3 of the 24Education Code is repealed.

25

begin deleteSEC. 120.end delete
26begin insertSEC. 121.end insert  

Section 76030 of the Education Code is amended
27to read:

28

76030.  

(a) Consistent with requirements of due process of law,
29with this article, and with the rules of student conduct adopted by
30the governing board under Section 66300, the governing board,
31the president of a community college or the president’s designee,
32or an instructor shall suspend a student for good cause. In addition,
33the governing board is authorized to expel a student for good cause
34when other means of correction fail to bring about proper conduct,
35or when the presence of the student causes a continuing danger to
36the physical safety of the student or others. The suspension or
37expulsion of a student shall be accompanied by a hearing conducted
38pursuant to the requirements of Section 66017.

39(b) (1) Notwithstanding any other law, if an order requested
40by a community college district to protect a campus of a
P156  1community college district or any person regularly present on a
2campus of that district is issued upon a finding of good cause by
3a court against a student of that community college district, and
4the order prevents that student from attending classes and
5maintaining his or her academic standing, the community college
6district may require the student to apply for reinstatement after the
7expiration of that order. If the district requires the student to apply
8for reinstatement, it shall do so before the expiration of the
9protective order. If a student applies for reinstatement under this
10paragraph, a review with respect to the application shall be
11conducted. This review, at a minimum, shall include consideration
12of all of the following issues:

13(A) The gravity of the offense.

14(B) Evidence of subsequent offenses, if any.

15(C) The likelihood that the student would cause substantial
16disruption if he or she is reinstated.

17(2) The governing board of the community college district, or
18the person to whom authority is delegated pursuant to subdivision
19(f) of Section 76038, shall take one of the following actions after
20conducting a review under paragraph (1):

21(A) Deny reinstatement.

22(B) Permit reinstatement.

23(C) Permit conditional reinstatement and specify the conditions
24under which reinstatement will be permitted.

25

begin deleteSEC. 121.end delete
26begin insertSEC. 122.end insert  

Section 78261.5 of the Education Code is amended
27to read:

28

78261.5.  

(a) A community college registered nursing program
29that determines that the number of applicants to that program
30exceeds its capacity may admit students in accordance with any
31of the following procedures:

32(1) Administration of a multicriteria screening process, as
33authorized by Section 78261.3, in a manner that is consistent with
34the standards set forth in subdivision (b).

35(2) A random selection process.

36(3) A blended combination of random selection and a
37multicriteria screening process.

38(b) A community college registered nursing program that elects,
39on or after January 1, 2008, to use a multicriteria screening process
P157  1to evaluate applicants pursuant to this article shall apply those
2measures in accordance with all of the following:

3(1) The criteria applied in a multicriteria screening process under
4this article shall include, but shall not necessarily be limited to, all
5of the following:

6(A) Academic degrees or diplomas, or relevant certificates, held
7by an applicant.

8(B) Grade-point average in relevant coursework.

9(C) Any relevant work or volunteer experience.

10(D) Life experiences or special circumstances of an applicant,
11including, but not necessarily limited to, the following experiences
12or circumstances:

13(i) Disabilities.

14(ii) Low family income.

15(iii) First generation of family to attend college.

16(iv) Need to work.

17(v) Disadvantaged social or educational environment.

18(vi) Difficult personal and family situations or circumstances.

19(vii) Refugee or veteran status.

20(E) Proficiency or advanced level coursework in languages other
21than English. Credit for languages other than English shall be
22received for languages that are identified by the chancellor as
23high-frequency languages, as based on census data. These
24languages may include, but are not necessarily limited to, any of
25the following:

26(i) American Sign Language.

27(ii) Arabic.

28(iii) Chinese, including its various dialects.

29(iv) Farsi.

30(v) Russian.

31(vi) Spanish.

32(vii) Tagalog.

33(viii) The various languages of the Indian subcontinent and
34Southeast Asia.

35(2) Additional criteria, such as a personal interview, a personal
36statement, letter of recommendation, or the number of repetitions
37 of prerequisite classes, or other criteria, as approved by the
38chancellor, may be used, but are not required.

39(3) A community college registered nursing program using a
40multicriteria screening process under this article may use an
P158  1approved diagnostic assessment tool, in accordance with Section
278261.3, before, during, or after the multicriteria screening process.

3(4) As used in this section:

4(A) “Disabilities” has the same meaning as used in Section 2626
5of the Unemployment Insurance Code.

6(B) “Disadvantaged social or educational environment” includes,
7but is not necessarily limited to, the status of a student who has
8participated in Extended Opportunity Programs and Services
9(EOPS).

10(C) “Grade-point average” refers to the same fixed set of
11required prerequisite courses that all applicants to the nursing
12program administering the multicriteria screening process are
13required to complete.

14(D) “Low family income” shall be measured by a community
15college registered nursing program in terms of a student’s eligibility
16for, or receipt of, financial aid under a program that may include,
17but is not necessarily limited to, a fee waiver from the board of
18governors under Section 76300, the Cal Grant Program under
19Chapter 1.7 (commencing with Section 69430) of Part 42 of
20Division 5, the federal Pell Grant program, or CalWORKs.

21(E) “Need to work” means that the student is working at least
22part time while completing academic work that is a prerequisite
23for admission to the nursing program.

24(5) A community college registered nursing program that uses
25a multicriteria screening process pursuant to this article shall report
26its nursing program admissions policies to the chancellor annually,
27in writing. The admissions policies reported under this paragraph
28shall include the weight given to any criteria used by the program,
29and shall include demographic information relating to both the
30persons admitted to the program and the persons of that group who
31successfully completed that program.

32(c) The chancellor is encouraged to develop, and make available
33to community college registered nursing programs by July 1, 2008,
34a model admissions process based on this section.

35(d) (1) The chancellor shall submit a report on or before March
361, 2015, and on or before each March 1 thereafter, to the
37Legislature and the Governor that examines and includes, but is
38not necessarily limited to, both of the following:

39(A) The participation, retention, and completion rates in
40community college registered nursing programs of students
P159  1admitted through a multicriteria screening process, as described
2in this section, disaggregated by the age, gender, ethnicity, and the
3language spoken at the home of those students.

4(B) Information on the annual impact, if any, the
5Seymour-Campbell Student Success Act had on the matriculation
6services for students admitted through the multicriteria screening
7process, as described in this section.

8(2) The chancellor shall submit the annual report required in
9paragraph (1) in conjunction with its annual report on associate
10degree nursing programs required by subdivision (h) of Section
1178261.

12(e) This section shall remain in effect only until January 1, 2020,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2020, deletes or extends that date.

15

begin deleteSEC. 122.end delete
16begin insertSEC. 123.end insert  

The heading of Article 8 (commencing with Section
1778310) of Chapter 2 of Part 48 of Division 7 of Title 3 of the 18Education Code is repealed.

19

begin deleteSEC. 123.end delete
20begin insertSEC. 124.end insert  

The heading of Article 3 (commencing with Section
2178440) of Chapter 3 of Part 48 of Division 7 of Title 3 of the 22Education Code is repealed.

23

begin deleteSEC. 124.end delete
24begin insertSEC. 125.end insert  

The heading of Chapter 4 (commencing with Section
2578600) of Part 48 of Division 7 of Title 3 of the Education Code
26 is repealed.

27

begin deleteSEC. 125.end delete
28begin insertSEC. 126.end insert  

The heading of Article 4 (commencing with Section
2982360) of Chapter 7 of Part 49 of Division 7 of Title 3 of the 30Education Code is repealed.

31

begin deleteSEC. 126.end delete
32begin insertSEC. 127.end insert  

Section 82542 of the Education Code, as amended
33by Section 1 of Chapter 233 of the Statutes of 2014, is amended
34to read:

35

82542.  

(a) Except as provided in subdivision (b), the governing
36board of a community college district shall grant without charge
37the use of any college facilities or grounds under its control,
38pursuant to the requirements of this article, when an alternative
39location is not available, to nonprofit organizations and clubs and
P160  1associations organized for general character building or welfare
2purposes, such as:

3(1) Student clubs and organizations.

4(2) Fundraising entertainments or meetings where admission
5fees charged or contributions solicited are expended for the welfare
6of the students of the district.

7(3) Parent-teachers’ associations.

8(4) School-community advisory councils.

9(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.

10(6) Senior citizens’ organizations.

11(7) Other public agencies.

12(8) Organizations, clubs, or associations organized for cultural
13activities and general character building or welfare purposes, such
14as folk and square dancing.

15(9) Groups organized for the purpose specified in subdivision
16(k).

17(b) The governing board may charge those organizations and
18activities listed in subdivision (a) an amount not to exceed the
19following:

20(1) The cost of opening and closing the facilities, if no college
21employees would otherwise be available to perform that function
22as a part of their normal duties.

23(2) The cost of a college employee’s presence during the
24organization’s use of the facilities, if the governing board
25determines that the supervision is needed, and if that employee
26would not otherwise be present as part of his or her normal duties.

27(3) The cost of janitorial services, if the services are necessary,
28and would not have otherwise been performed as part of the
29janitor’s normal duties.

30(4) The cost of utilities directly attributable to the organization’s
31use of the facilities.

32(c) The governing board may charge an amount not to exceed
33its direct costs or not to exceed fair rental value of college facilities
34and grounds under its control, and pursuant to the requirements of
35this article, for activities other than those specified in subdivision
36(a). A governing board that decides to levy these charges shall first
37adopt a policy specifying which activities shall be charged an
38amount not to exceed direct costs and which activities shall be
39charged an amount not to exceed fair rental value.

P161  1(d) (1) As used in this section, “direct costs” to the district for
2the use of college facilities or grounds includes all of the following:

3(A) The share of the costs of supplies, utilities, janitorial
4services, services of any other district employees, and salaries paid
5to community college district employees to operate and maintain
6college facilities or grounds that is proportional to the
7 organization’s use of the college facilities and grounds of the
8district under this section.

9(B) The share of the costs for maintenance, repair, restoration,
10and refurbishment, proportional to the use of the college facilities
11or grounds by the organization using the college facilities or
12grounds under this section. For purposes of this subparagraph,
13“college facilities” shall be limited to only nonclassroom space,
14and “grounds” shall include, but not be limited to, playing fields,
15athletic fields, track and field venues, tennis courts, and outdoor
16basketball courts.

17(2) The share of the costs for maintenance, repair, restoration,
18and refurbishment shall not apply to either of the following:

19(A) Classroom-based programs that operate after school hours,
20including, but not limited to, after school programs, tutoring
21 programs, or child care programs.

22(B) Organizations retained by the college or community college
23district to provide instruction or instructional activities to students
24during school hours.

25(3) Funds collected pursuant to this subdivision shall be
26deposited into a special fund that shall only be used for purposes
27of this section.

28(e) By December 31, 2015, the Chancellor of the California
29Community Colleges shall develop, and the Board of Governors
30of the California Community Colleges shall adopt, regulations to
31be used by a governing board of a community college district in
32determining the proportionate share and the specific allowable
33costs that a community college district may include as direct costs
34for the use of its college facilities or grounds.

35(f) As used in this section, “fair rental value” means the direct
36costs to the district, plus the amortized costs of the college facilities
37or grounds used for the duration of the activity authorized.

38(g) The governing board of a community college district that
39authorizes the use of college facilities or grounds for the purpose
40specified in subdivision (h) shall charge the church or religious
P162  1denomination an amount at least equal to the fair rental value of
2the facilities or grounds.

3(h) The governing board of a community college district may
4grant the use of college facilities or grounds to any church or
5religious organization for the conduct of religious services for
6temporary periods where the church or organization has no suitable
7meeting place for the conduct of these services upon the terms and
8conditions as the board deems proper, and subject to the limitations,
9requirements, and restrictions set forth in this article. The governing
10board shall charge the church or religious organization using the
11property for the conduct of religious services a fee as specified in
12subdivision (g).

13(i) For entertainment or a meeting where an admission fee is
14charged or a contribution is solicited and the net receipts of the
15admission fees or contributions are not expended for the welfare
16of the students of the district or for charitable purposes, a charge
17equal to fair rental value shall be levied for the use of the college
18facilities, property, and grounds, as determined by the governing
19board of the district.

20(j) The governing board may permit the use, without charge,
21by organizations, clubs, or associations organized for senior citizens
22and for cultural activities and general character building or welfare
23purposes, when membership dues or contributions solely for the
24support of the organization, club, or association, or the
25advancement of its cultural, character building, or welfare work,
26are accepted.

27(k) The governing board of a community college district may
28grant the use of college facilities, grounds, and equipment to public
29agencies, including the American Red Cross, for mass care and
30welfare shelters during disasters or other emergencies affecting
31the public health and welfare, and may cooperate with these
32agencies in furnishing and maintaining services deemed by the
33governing board to be necessary to meet the needs of the
34community.

35(l) This section shall remain in effect only until January 1, 2020,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2020, deletes or extends that date.

P163  1

begin deleteSEC. 127.end delete
2begin insertSEC. 128.end insert  

Section 82542 of the Education Code, as added by
3Section 2 of Chapter 233 of the Statutes of 2014, is amended to
4read:

5

82542.  

(a) Except as provided in subdivision (b), the governing
6board of a community college district shall grant without charge
7the use of any college facilities or grounds under its control,
8pursuant to the requirements of this article, when an alternative
9location is not available, to nonprofit organizations and clubs and
10associations organized for general character building or welfare
11purposes, such as:

12(1) Student clubs and organizations.

13(2) Fundraising entertainments or meetings where admission
14fees charged or contributions solicited are expended for the welfare
15of the students of the district.

16(3) Parent-teachers’ associations.

17(4) School-community advisory councils.

18(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.

19(6) Senior citizens’ organizations.

20(7) Other public agencies.

21(8) Organizations, clubs, or associations organized for cultural
22activities and general character building or welfare purposes, such
23as folk and square dancing.

24(9) Groups organized for the purpose specified in subdivision
25(g).

26(b) The governing board may charge those organizations and
27activities listed in subdivision (a) an amount not to exceed the
28following:

29(1) The cost of opening and closing the facilities, if no college
30employees would otherwise be available to perform that function
31as a part of their normal duties.

32(2) The cost of a college employee’s presence during the
33organization’s use of the facilities, if the governing board
34determines that the supervision is needed, and if that employee
35would not otherwise be present as part of his or her normal duties.

36(3) The cost of janitorial services, if the services are necessary,
37and would not have otherwise been performed as part of the
38janitor’s normal duties.

39(4) The cost of utilities directly attributable to the organization’s
40use of the facilities.

P164  1(c) The governing board may charge an amount not to exceed
2its direct costs or not to exceed fair rental value of college facilities
3and grounds under its control, and pursuant to the requirements of
4this article, for activities other than those specified in subdivision
5(a). A governing board that decides to levy these charges shall first
6adopt a policy specifying which activities shall be charged an
7amount not to exceed direct costs and which activities shall be
8charged an amount not to exceed fair rental value.

9(1) As used in this section, “direct costs” to the district for the
10use of college facilities or grounds means those costs of supplies,
11utilities, janitorial services, services of any other district employees,
12and salaries paid community college district employees necessitated
13by the organization’s use of the college facilities and grounds of
14the district.

15(2) As used in this section, “fair rental value” means the direct
16costs to the district, plus the amortized costs of the college facilities
17or grounds used for the duration of the activity authorized.

18(d) The governing board of a community college district that
19authorizes the use of college facilities or grounds for the purpose
20specified in subdivision (e) shall charge the church or religious
21denomination an amount at least equal to the fair rental value of
22the facilities or grounds.

23(e) The governing board of a community college district may
24grant the use of college facilities or grounds to any church or
25religious organization for the conduct of religious services for
26temporary periods where the church or organization has no suitable
27meeting place for the conduct of these services upon the terms and
28conditions as the board deems proper, and subject to the limitations,
29requirements, and restrictions set forth in this article. The governing
30board shall charge the church or religious organization using the
31property for the conduct of religious services a fee as specified in
32subdivision (d).

33(f) For entertainment or a meeting where an admission fee is
34charged or a contribution is solicited and the net receipts of the
35admission fees or contributions are not expended for the welfare
36of the students of the district or for charitable purposes, a charge
37shall be made for the use of the college facilities, property, and
38grounds, which charge shall not be less than the fair rental value
39for the use of the college facilities, property, and grounds, as
40determined by the governing board of the district.

P165  1(g) The governing board may permit the use, without charge,
2by organizations, clubs, or associations organized for senior citizens
3and for cultural activities and general character building or welfare
4purposes, when membership dues or contributions solely for the
5support of the organization, club, or association, or the
6advancement of its cultural, character building, or welfare work,
7are accepted.

8(h) The governing board of a community college district may
9grant the use of college facilities, grounds, and equipment to public
10agencies, including the American Red Cross, for mass care and
11welfare shelters during disasters or other emergencies affecting
12the public health and welfare, and may cooperate with these
13agencies in furnishing and maintaining services deemed by the
14governing board to be necessary to meet the needs of the
15community.

16(i) This section is operative on and after January 1, 2020.

17

begin deleteSEC. 128.end delete
18begin insertSEC. 129.end insert  

The heading of Article 1 (commencing with Section
1984300) of Chapter 3 of Part 50 of Division 7 of Title 3 of the 20Education Code is repealed.

21

begin deleteSEC. 129.end delete
22begin insertSEC. 130.end insert  

The heading of Article 2 (commencing with Section
2385210) of Chapter 8 of Part 50 of Division 7 of Title 3 of the 24Education Code is repealed.

25

begin deleteSEC. 130.end delete
26begin insertSEC. 131.end insert  

Section 87782 of the Education Code is amended
27to read:

28

87782.  

(a) An academic employee of a community college
29district who has been an employee of that district for a period of
30one school year or more shall have transferred with him or her to
31a second district the total amount of leave of absence for illness
32or injury to which he or she is entitled under Section 87781 in any
33of the following circumstances:

34(1) The person accepts an academic position in a school district
35or community college district at any time during the second or any
36succeeding school year of his or her employment with the first
37district.

38(2) The person, within the three school years succeeding the
39school year in which the employment in the first district is
P166  1terminated, signifies acceptance of his or her election or
2employment in an academic position in another district.

3(3) The person, prior to the expiration of a period greater than
4three years during which the employee’s reemployment rights are
5in effect under a local bargaining agreement in the first district,
6signifies acceptance of his or her election or employment in an
7academic position in another district.

8(b) The board of governors shall adopt rules and regulations
9prescribing the manner in which the first district shall certify to
10the second district the total amount of leave of absence for illness
11or injury to be transferred. No governing board shall adopt any
12policy or rule, written or unwritten, that requires any employee
13transferring to its district to waive any part or all of the leave of
14absence that he or she may be entitled to have transferred in
15accordance with this section.

16

begin deleteSEC. 131.end delete
17begin insertSEC. 132.end insert  

Section 87784.5 of the Education Code is amended
18to read:

19

87784.5.  

(a) An academic employee may take up to 30 days
20of leave in a school year, less any days of leave authorized pursuant
21to Sections 87781.5 and 87784, in either of the following
22circumstances:

23(1) A biological parent may use leave pursuant to this section
24within the first year of his or her infant’s birth.

25(2) A nonbiological parent may use leave pursuant to this section
26within the first year of legally adopting a child.

27(b) If the provisions of this section are in conflict with the terms
28of a collective bargaining agreement in effect before January 1,
292015, the provisions of this section do not apply to the public
30employer and public employees subject to that agreement until the
31expiration or renewal of the agreement.

32

begin deleteSEC. 132.end delete
33begin insertSEC. 133.end insert  

Section 88207.5 of the Education Code is amended
34to read:

35

88207.5.  

(a) A contract or regular employee may use up to 30
36days of leave in a school year, less any days of leave authorized
37pursuant to Section 88207, in either of the following circumstances:

38(1) A biological parent may use leave pursuant to this section
39within the first year of his or her infant’s birth.

P167  1(2) A nonbiological parent may use leave pursuant to this section
2within the first year of legally adopting a child.

3(b) If the provisions of this section are in conflict with the terms
4of a collective bargaining agreement in effect before January 1,
52015, the provisions of this section do not apply to the public
6employer and public employees subject to that agreement until the
7expiration or renewal of the agreement.

8

begin deleteSEC. 133.end delete
9begin insertSEC. 134.end insert  

Section 89005 of the Education Code is amended
10to read:

11

89005.  

All references in law or regulation to the “California
12State Colleges,” to the “California State University and Colleges,”
13or to “state colleges” shall be deemed to refer to the California
14State University and to the system of institutions of higher
15education that comprises the California State University as
16authorized in Section 89001. The term “campus” shall mean any
17of the institutions included within the California State University
18specified in Section 89001.

19

begin deleteSEC. 134.end delete
20begin insertSEC. 135.end insert  

Section 89295 of the Education Code is amended
21to read:

22

89295.  

(a) For purposes of this section, the following terms
23are defined as follows:

24(1) The “four-year graduation rate” means the percentage of a
25cohort of undergraduate students who entered the university as
26freshmen at any campus and graduated from any campus within
27four years.

28(2) The “six-year graduation rate” means the percentage of a
29cohort of undergraduate students who entered the university as
30freshmen at any campus and graduated from any campus within
31six years.

32(3) The “two-year transfer graduation rate” means the percentage
33of a cohort of undergraduate students who entered the university
34at any campus as junior-level transfer students from the California
35Community Colleges and graduated from any campus within two
36years.

37(4) The “three-year transfer graduation rate” means the
38percentage of a cohort of undergraduate students who entered the
39university at any campus as junior-level transfer students from the
P168  1California Community Colleges and graduated from any campus
2within three years.

3(5) The “four-year transfer graduation rate” means the
4percentage of a cohort of undergraduate students who entered the
5university at any campus as junior-level transfer students from the
6California Community Colleges and graduated from any campus
7within four years.

8(6) “Low-income student” means an undergraduate student who
9has an expected family contribution, as defined in subdivision (g)
10of Section 69432.7, at any time during the student’s matriculation
11at the institution that would qualify the student to receive a federal
12Pell Grant. The calculation of a student’s expected family
13contribution shall be based on the Free Application for Federal
14Student Aid (FAFSA) application or an application determined by
15the Student Aid Commission to be equivalent to the FAFSA
16application submitted by that applicant.

17(b) Commencing with the 2013-14 academic year, the California
18State University shall report, by March 15 of each year, on the
19following performance measures for the preceding academic year,
20to inform budget and policy decisions and promote the effective
21and efficient use of available resources:

22(1) The number of California Community College transfer
23students enrolled and the percentage of California Community
24College transfer students as a proportion of the total number of
25undergraduate students enrolled.

26(2) The number of new California Community College transfer
27students enrolled and the percentage of new California Community
28College transfer students as a proportion of the total number of
29new undergraduate students enrolled.

30(3) The number of low-income students enrolled and the
31percentage of low-income students as a proportion of the total
32number of undergraduate students enrolled.

33(4) The number of new low-income students enrolled and the
34percentage of new low-income students as a proportion of the total
35number of new undergraduate students enrolled.

36(5) The four-year graduation rate for students who entered the
37university four years prior and, separately, for low-income students
38in that cohort.

P169  1(6) The four-year and six-year graduation rates for students who
2entered the university six years prior and, separately, for
3low-income students in that cohort.

4(7) The two-year transfer graduation rate for students who
5entered the university two years prior and, separately, for
6low-income students in that cohort.

7(8) The two-year and three-year transfer graduation rates for
8students who entered the university three years prior and,
9separately, for low-income students in that cohort.

10(9) The two-year, three-year, and four-year transfer graduation
11rates for students who entered the university four years prior and,
12separately, for low-income students in that cohort.

13(10) The number of degree completions annually, in total and
14for the following categories:

15(A) Freshman entrants.

16(B) California Community College transfer students.

17(C) Graduate students.

18(D) Low-income students.

19(11) The percentage of freshman entrants who have earned
20sufficient course credits by the end of their first year of enrollment
21to indicate that they will graduate within four years.

22(12) The percentage of California Community College transfer
23students who have earned sufficient course credits by the end of
24their first year of enrollment to indicate that they will graduate
25within two years.

26(13) For all students, the total amount of funds received from
27all sources identified in subdivision (c) of Section 89290 for the
28year, divided by the number of degrees awarded that same year.

29(14) For undergraduate students, the total amount of funds
30received from all sources identified in subdivision (c) of Section
3189290 for the year expended for undergraduate education, divided
32by the number of undergraduate degrees awarded that same year.

33(15) The average number of California State University course
34credits and the total course credits, including credits accrued at
35other institutions, accumulated by all undergraduate students who
36graduated, and separately for freshman entrants and California
37Community College transfer students.

38(16) (A) The number of degree completions in science,
39technology, engineering, and mathematics (STEM) fields, in total,
P170  1and separately for undergraduate students, graduate students, and
2low-income students.

3(B) For purposes of subparagraph (A), “STEM fields” include,
4but are not necessarily limited to, all of the following: computer
5and information sciences, engineering and engineering
6technologies, biological and biomedical sciences, mathematics
7and statistics, physical sciences, and science technologies.

8(c) It is the intent of the Legislature that the appropriate policy
9and fiscal committees of the Legislature review these performance
10measures in a collaborative process with the Department of
11Finance, the Legislative Analyst’s Office, individuals with
12expertise in statewide accountability efforts, the University of
13California, the California State University, and, for purposes of
14data integrity and consistency, the California Community Colleges,
15and consider any recommendations for their modification and
16refinement. It is further the intent of the Legislature that any
17modification or refinement of these measures be guided by the
18legislative intent expressed in Section 66010.93.

19

begin deleteSEC. 135.end delete
20begin insertSEC. 136.end insert  

Section 89500.7 of the Education Code is amended
21to read:

22

89500.7.  

(a) The trustees shall offer, on at least a semiannual
23basis, to each of the university’s filers, an orientation course on
24the relevant ethics statutes and regulations that govern the official
25conduct of university officials.

26(b) As used in this section, “filer” means each member, officer,
27or designated employee of the California State University,
28including a trustee, who, because of his or her affiliation with the
29university or any subdivision or campus thereof, is required to file
30a Statement of Economic Interests in accordance with Chapter 7
31(commencing with Section 87100) of Title 9 of the Government
32Code.

33(c) The trustees shall maintain records indicating the specific
34attendees, each attendee’s job title, and dates of their attendance
35for each orientation course offered pursuant to this section. These
36records shall be maintained for a period of at least five years after
37each course is offered. These records shall be public records subject
38to inspection and copying in accordance with Section 81008 of
39the Government Code and any other public records disclosure laws
40that are applicable to the university.

P171  1(d) Except as provided in subdivision (e), each filer shall attend
2the orientation course established pursuant to subdivision (a) in
3accordance with both of the following:

4(1) For a person who, as of January 1, 2005, is a filer, as defined
5in subdivision (b), not later than December 31, 2005, and thereafter,
6at least once during each consecutive period of two calendar years
7commencing on January 1, 2007.

8(2) For a person who becomes a filer, as defined in subdivision
9(b), after January 1, 2005, within six months after he or she
10becomes a filer, and at least once during each consecutive period
11of two calendar years commencing on January 1 of the first
12odd-numbered year thereafter.

13(e) The requirements of subdivision (d) do not apply to a filer,
14as defined in subdivision (b), who has taken an ethics orientation
15course through another state agency or the Legislature within the
16periods set forth in paragraphs (1) and (2) of subdivision (d) if, in
17the determination of the trustees, that course covered substantially
18the same material as the course the university would offer to the
19filer pursuant to this section.

20

begin deleteSEC. 136.end delete
21begin insertSEC. 137.end insert  

Section 89770 of the Education Code is amended
22to read:

23

89770.  

(a) (1) The California State University may pledge,
24in addition to any of its other revenues that the university chooses
25to pledge, its annual General Fund support appropriation less the
26amount of that appropriation required to fund general obligation
27bond payments and State Public Works Board rental payments, to
28secure the payment of debt obligations issued by the Trustees of
29the California State University pursuant to the State University
30Revenue Bond Act of 1947 (Article 2 (commencing with Section
3190010) of Chapter 8).

32(2) To the extent the university pledges any part of its support
33appropriation as a source of revenue securing any obligation, it
34shall provide that this commitment of revenue is subject to annual
35appropriation by the Legislature.

36(3) The university may fund debt service for capital expenditures
37defined in subdivision (b), and the costs or expenses incidental to
38the issuance and sale of bonds to finance those costs, including,
39but not limited to, capitalized interest on the bonds, from its
P172  1General Fund support appropriation pursuant to Sections 89772
2and 89773.

3(4) The state hereby covenants with the holders of the
4university’s obligations, secured by the pledge of the university
5authorized by this section, that so long as any of the obligations
6referred to in this subdivision remain outstanding, the state will
7not impair or restrict the ability of the university to pledge any
8support appropriation or support appropriations that may be enacted
9for the university. The university may include this covenant of the
10state in the agreements or other documents underlying the
11university’s obligations to this effect.

12(b) For purposes of this section, “capital expenditures” means
13any of the following:

14(1) The costs to acquire real property to design, construct, or
15equip academic facilities to address seismic and life safety needs,
16enrollment growth, or modernization of out-of-date facilities, and
17renewal or expansion of infrastructure to serve academic programs.

18(2) The debt service amount associated with refunding,
19defeasing, or retiring State Public Works Board lease revenue
20bonds.

21(3) The costs to design, construct, or equip energy conservation
22projects.

23(4) The costs of deferred maintenance of academic facilities
24and related infrastructure.

25(c) This section does not require the Legislature to make an
26appropriation from the General Fund in any specific amount to
27support the California State University.

28(d) The ability to utilize its support appropriation as stated in
29this section shall not be used as a justification for future increases
30in student tuition, additional employee layoffs, or reductions in
31employee compensation at the California State University.

32

begin deleteSEC. 137.end delete
33begin insertSEC. 138.end insert  

Section 92611.7 of the Education Code is amended
34to read:

35

92611.7.  

(a) The regents are urged to offer, on at least a
36semiannual basis, to each of the university’s filers, an orientation
37course on the relevant ethics statutes and regulations that govern
38the official conduct of university officials.

39(b) As used in this section, “filer” means each member, officer,
40or designated employee of the University of California, including
P173  1a regent, who, because of his or her affiliation with the university
2or any subdivision or campus thereof, is required to file a statement
3of economic interests in accordance with Chapter 7 (commencing
4with Section 87100) of Title 9 of the Government Code.

5(c) The regents shall maintain records indicating the specific
6attendees, each attendee’s job title, and dates of their attendance
7for each orientation course offered pursuant to this section. These
8records shall be maintained for a period of at least five years after
9each course is offered. These records shall be public records subject
10to inspection and copying in accordance with Section 81008 of
11the Government Code and any other public records disclosure laws
12that are applicable to the university.

13(d) Except as provided in subdivision (e), each filer shall attend
14the orientation course established pursuant to subdivision (a) in
15accordance with both of the following:

16(1) For a person who, as of January 1, 2005, is a filer, as defined
17in subdivision (b), not later than December 31, 2005, and thereafter,
18at least once during each consecutive period of two calendar years
19commencing on January 1, 2007.

20(2) For a person who becomes a filer, as defined in subdivision
21(b), after January 1, 2005, within six months after he or she
22becomes a filer, and at least once during each consecutive period
23of two calendar years commencing on January 1 of the first
24odd-numbered year thereafter.

25(e) The requirements of subdivision (d) do not apply to a filer,
26as defined in subdivision (b), who has taken an ethics orientation
27course through another state agency or the Legislature within the
28periods set forth in paragraphs (1) and (2) of subdivision (d) if, in
29the determination of the regents, that course covered substantially
30the same material as the course the university would offer to the
31filer pursuant to this section.

32

begin deleteSEC. 138.end delete
33begin insertSEC. 139.end insert  

Section 92675 of the Education Code is amended
34to read:

35

92675.  

(a) For purposes of this section, the following terms
36are defined as follows:

37(1) The “four-year graduation rate” means the percentage of a
38cohort of undergraduate students who entered the university as
39freshmen at any campus and graduated from any campus within
40four years.

P174  1(2) The “two-year transfer graduation rate” means the percentage
2of a cohort of undergraduate students who entered the university
3at any campus as junior-level transfer students from the California
4Community Colleges and graduated from any campus within two
5years.

6(3) “Low-income student” means an undergraduate student who
7has an expected family contribution, as defined in subdivision (g)
8of Section 69432.7, at any time during the student’s matriculation
9at the institution that would qualify the student to receive a federal
10Pell Grant. The calculation of a student’s expected family
11contribution shall be based on the Free Application for Federal
12Student Aid (FAFSA) application or an application determined by
13the Student Aid Commission to be equivalent to the FAFSA
14application submitted by that applicant.

15(b) Commencing with the 2013-14 academic year, the
16University of California shall report, by March 15 of each year,
17on the following performance measures for the preceding academic
18year, to inform budget and policy decisions and promote the
19effective and efficient use of available resources:

20(1) The number of transfer students enrolled from the California
21Community Colleges, and the percentage of California Community
22College transfer students as a proportion of the total number of
23undergraduate students enrolled.

24(2) The number of new transfer students enrolled from the
25California Community Colleges, and the percentage of new
26California Community College transfer students as a proportion
27of the total number of new undergraduate students enrolled.

28(3) The number of low-income students enrolled and the
29percentage of low-income students as a proportion of the total
30number of undergraduate students enrolled.

31(4) The number of new low-income students enrolled and the
32percentage of new low-income students as a proportion of the total
33number of new undergraduate students enrolled.

34(5) The four-year graduation rate for students who entered the
35university four years prior and, separately, for low-income students
36in that cohort.

37(6) The two-year transfer graduation rate for students who
38entered the university two years prior and, separately, for
39low-income students in that cohort.

P175  1(7) The number of degree completions, in total and for the
2following categories:

3(A) Freshman entrants.

4(B) California Community College transfer students.

5(C) Graduate students.

6(D) Low-income students.

7(8) The percentage of freshman entrants who have earned
8sufficient course credits by the end of their first year of enrollment
9to indicate they will graduate within four years.

10(9) The percentage of California Community College transfer
11students who have earned sufficient course credits by the end of
12their first year of enrollment to indicate they will graduate within
13two years.

14(10) For all students, the total amount of funds received from
15all sources identified in subdivision (c) of Section 92670 for the
16year, divided by the number of degrees awarded that same year.

17(11) For undergraduate students, the total amount of funds
18received from the sources identified in subdivision (c) of Section
1992670 for the year expended for undergraduate education, divided
20by the number of undergraduate degrees awarded that same year.

21(12) The average number of University of California course
22credits and total course credits, including credit accrued at other
23institutions, accumulated by all undergraduate students who
24graduated, and separately for freshman entrants and California
25Community College transfer students.

26(13) (A) The number of degree completions in science,
27technology, engineering, and mathematics (STEM) fields, in total,
28and separately for undergraduate students, graduate students, and
29low-income students.

30(B) For purposes of subparagraph (A), “STEM fields” include,
31but are not necessarily limited to, all of the following: computer
32and information sciences, engineering and engineering
33technologies, biological and biomedical sciences, mathematics
34and statistics, physical sciences, and science technologies.

35(c) It is the intent of the Legislature that the appropriate policy
36and fiscal committees of the Legislature review these performance
37measures in a collaborative process with the Department of
38Finance, the Legislative Analyst’s Office, individuals with
39expertise in statewide accountability efforts, the University of
40California, the California State University, and, for purposes of
P176  1data integrity and consistency, the California Community Colleges,
2and consider any recommendations for their modification and
3refinement. It is further the intent of the Legislature that any
4modification or refinement of these measures be guided by the
5legislative intent expressed in Section 66010.93.

6

begin deleteSEC. 139.end delete
7begin insertSEC. 140.end insert  

Section 94143 of the Education Code is amended
8to read:

9

94143.  

The authority is authorized from time to time to issue
10its notes for any corporate purpose and renew from time to time
11any notes by the issuance of new notes, whether the notes to be
12renewed have or have not matured. The authority may issue notes
13partly to renew notes or to discharge other obligations then
14outstanding and partly for any other purpose. The notes may be
15authorized, sold, executed, and delivered in the same manner as
16bonds. A resolution or resolutions authorizing notes of the authority
17or any issue of notes of the authority may contain any provisions
18that the authority is authorized to include in a resolution or
19resolutions authorizing bonds of the authority or any issue of bonds
20of the authority, and the authority may include in the notes any
21terms, covenants, or conditions that it is authorized to include in
22bonds. Notes issued by the authority shall be payable from revenues
23of the authority or other moneys available for payment of notes
24and not otherwise pledged, subject only to any contractual rights
25of the holders of its notes or other obligations then outstanding.

26

begin deleteSEC. 140.end delete
27begin insertSEC. 141.end insert  

Section 94145.5 of the Education Code is amended
28to read:

29

94145.5.  

A provision that the authority may include in a trust
30agreement or resolution providing for the issuance of bonds
31pursuant to this chapter may also be included in a bond and shall
32have the same effect.

33

begin deleteSEC. 141.end delete
34begin insertSEC. 142.end insert  

Section 94880 of the Education Code is amended
35to read:

36

94880.  

(a) There is within the bureau a 14-member advisory
37committee. On or before July 1, 2015, the members of the
38committee shall be appointed as follows:

39(1) Three members, who shall have a demonstrated record of
40advocacy on behalf of consumers, of which the director, the Senate
P177  1Committee on Rules, and the Speaker of the Assembly shall each
2appoint one member.

3(2) Two members, who shall be current or past students of
4institutions, appointed by the director.

5(3) Three members, who shall be representatives of institutions,
6appointed by the director.

7(4) Two members, who shall be employers who hire students,
8appointed by the director.

9(5) One public member appointed by the Senate Committee on
10Rules.

11(6) One public member appointed by the Speaker of the
12Assembly.

13(7) Two nonvoting, ex officio members as follows:

14(A) The chair of the policy committee of the Assembly with
15jurisdiction over legislation relating to the bureau or designee
16appointed by the Speaker of the Assembly.

17(B) The chair of the policy committee of the Senate with
18jurisdiction over legislation relating to the bureau or designee
19appointed by the Senate Committee on Rules.

20(b) (1) A public member shall not, either at the time of his or
21her appointment or during his or her tenure in office, have any
22financial interest in any organization currently or previously subject
23to regulation by the bureau, be a close family member of an
24employee, officer, or the director of any institution subject to
25regulation by the bureau, or currently have, or previously have
26had, a business relationship, in the five years preceding his or her
27appointment, with any institution subject to regulation by the
28bureau.

29(2) A public member shall not, within the five years immediately
30preceding his or her appointment, have engaged in pursuits on
31behalf of an institution or institutional accreditor or have provided
32representation to the postsecondary educational industry or a
33profession regulated by the bureau, if he or she is employed in the
34industry or a member of the profession, respectively, and he or
35she shall not engage in those pursuits or provide that representation
36during his or her term of office.

37(c) The advisory committee shall examine the oversight
38functions and operational policies of the bureau and advise the
39bureau with respect to matters relating to private postsecondary
40education and the administration of this chapter, including annually
P178  1reviewing the fee schedule and the equity of the schedule relative
2to the way institutions are structured, and the licensing and
3enforcement provisions of this chapter. The advisory committee
4shall make recommendations with respect to policies, practices,
5and regulations relating to private postsecondary education, and
6shall provide any assistance as may be requested by the bureau.

7(d) The bureau shall actively seek input from, and consult with,
8the advisory committee regarding the development of regulations
9to implement this chapter prior to the adoption, amendment, or
10repeal of its regulations, and provide the advisory committee with
11sufficient time to review and comment on those regulations. The
12bureau shall take into consideration and respond to all feedback
13provided by members of the advisory committee.

14(e) The bureau chief shall attend all advisory committee
15meetings and shall designate staff to provide ongoing
16administrative support to the advisory committee.

17(f) Until January 1, 2017, the director shall personally attend,
18and testify and answer questions at, each meeting of the advisory
19committee.

20(g) The advisory committee shall have the same access to
21records within the Department of Consumer Affairs related to the
22operation and administration of this chapter as do members of
23constituent boards of the department in regard to records related
24to their functions.

25(h) Advisory committee meetings shall be subject to the
26Bagley-Keene Open Meeting Act (Article 9 (commencing with
27Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
28the Government Code). Advisory committee meeting materials
29shall be posted on the Internet.

30(i) The advisory committee shall meet at least quarterly and
31shall appoint a member of the committee to represent the committee
32for purposes of communicating with the Legislature.

33(j) The Department of Consumer Affairs shall review, and revise
34if necessary, the department’s conflicts of interest regulations to
35ensure that each advisory committee member is required to disclose
36conflicts of interest to the public.

37

begin deleteSEC. 142.end delete
38begin insertSEC. 143.end insert  

Section 2150 of the Elections Code, as amended by
39Section 3 of Chapter 619 of the Statutes of 2014, is amended to
40 read:

P179  1

2150.  

(a) The affidavit of registration shall show:

2(1) The facts necessary to establish the affiant as an elector.

3(2) The affiant’s name at length, including his or her given
4name, and a middle name or initial, or if the initial of the given
5name is customarily used, then the initial and middle name. The
6affiant’s given name may be preceded, at affiant’s option, by the
7designation of Miss, Ms., Mrs., or Mr. A person shall not be denied
8the right to register because of his or her failure to mark a prefix
9to the given name and shall be so advised on the voter registration
10card. This subdivision shall not be construed as requiring the
11printing of prefixes on an affidavit of registration.

12(3) The affiant’s place of residence, residence telephone number,
13if furnished, and email address, if furnished. A person shall not be
14denied the right to register because of his or her failure to furnish
15a telephone number or email address, and shall be so advised on
16the voter registration card.

17(4) The affiant’s mailing address, if different from the place of
18residence.

19(5) The affiant’s date of birth to establish that he or she will be
20at least 18 years of age on or before the date of the next election.
21In the case of an affidavit of registration submitted pursuant to
22subdivision (d) of Section 2102, the affiant’s date of birth to
23establish that he or she is at least 16 years of age.

24(6) The state or country of the affiant’s birth.

25(7) (A) In the case of an applicant who has been issued a current
26and valid driver’s license, the applicant’s driver’s license number.

27(B) In the case of any other applicant, other than an applicant
28to whom subparagraph (C) applies, the last four digits of the
29applicant’s social security number.

30(C) If an applicant for voter registration has not been issued a
31current and valid driver’s license or a social security number, the
32state shall assign the applicant a number that will serve to identify
33the applicant for voter registration purposes. To the extent that the
34state has a computerized list in effect under this subdivision and
35the list assigns unique identifying numbers to registrants, the
36number assigned under this subparagraph shall be the unique
37identifying number assigned under the list.

38(8) The affiant’s political party preference.

39(9) That the affiant is currently not imprisoned or on parole for
40the conviction of a felony.

P180  1(10) A prior registration portion indicating whether the affiant
2has been registered at another address, under another name, or as
3preferring another party. If the affiant has been so registered, he
4or she shall give an additional statement giving that address, name,
5or party.

6(b) The affiant shall certify the content of the affidavit as to its
7truth and correctness, under penalty of perjury, with the signature
8of his or her name and the date of signing. If the affiant is unable
9to write he or she shall sign with a mark or cross.

10(c) The affidavit of registration shall also contain a space that
11would enable the affiant to state his or her ethnicity or race, or
12both. An affiant shall not be denied the ability to register because
13he or she declines to state his or her ethnicity or race.

14(d) If a person, including a deputy registrar, assists the affiant
15in completing the affidavit, that person shall sign and date the
16affidavit below the signature of the affiant.

17(e) The affidavit of registration shall also contain a space to
18permit the affiant to apply for permanent vote by mail status.

19(f) The Secretary of State may continue to supply existing
20affidavits of registration to county elections officials before printing
21new or revised forms that reflect the changes made to this section
22by the act that added this subdivision.

23

begin deleteSEC. 143.end delete
24begin insertSEC. 144.end insert  

Section 2157 of the Elections Code is amended to
25read:

26

2157.  

(a) Subject to this chapter, the paper affidavit of
27registration shall be in a form prescribed by regulations adopted
28by the Secretary of State. The affidavit shall comply with all of
29the following:

30(1) Contain the information prescribed in Section 2150.

31(2) Be sufficiently uniform among the separate counties to allow
32for the processing and use by one county of an affidavit completed
33in another county.

34(3) Allow for the inclusion of informational language to meet
35the specific needs of that county, including, but not limited to, the
36return address of the elections official in that county, and a
37telephone number at which a voter can obtain elections information
38in that county.

39(4) Be included on one portion of a multipart card, to be known
40as a voter registration card, the other portions of which shall include
P181  1information sufficient to facilitate completion and mailing of the
2affidavit. The affidavit portion of the multipart card shall be
3numbered according to regulations adopted by the Secretary of
4State. For purposes of facilitating the distribution of voter
5registration cards as provided in Section 2158, there shall be
6attached to the affidavit portion a receipt. The receipt shall be
7separated from the body of the affidavit by a perforated line.

8(5) Contain, in a type size and color of ink that is clearly
9distinguishable from surrounding text, a statement identical or
10substantially similar to the following:

11“Certain voters facing life-threatening situations may qualify
12 for confidential voter status. For more information, please contact
13the Secretary of State’s Safe at Home program or visit the Secretary
14of State’s Web site.”

15(6) Contain, in a type size and color of ink that is clearly
16distinguishable from surrounding text, a statement that the use of
17voter registration information for commercial purposes is a
18misdemeanor pursuant to subdivision (a) of Section 2194 and
19Section 18109, and any suspected misuse shall be reported to the
20Secretary of State.

21(7) Contain a toll-free fraud hotline telephone number
22maintained by the Secretary of State that the public may use to
23report suspected fraudulent activity concerning misuse of voter
24registration information.

25(8) Be returnable to the county elections official as a
26self-enclosed mailer with postage prepaid by the Secretary of State.

27(b) This division does not prevent the use of voter registration
28cards and affidavits of registration in existence on the effective
29date of this section and produced pursuant to regulations of the
30Secretary of State, and all references to voter registration cards
31and affidavits in this division shall be applied to the existing voter
32registration cards and affidavits of registration.

33(c) The Secretary of State may continue to supply existing
34affidavits of registration before printing new or revised forms that
35reflect the changes required pursuant to this section, Section 2150,
36or Section 2160.

37(d)  An affidavit of registration shall not be submitted
38electronically on a county’s Internet Web site. However, a county
39may provide a hyperlink on the county’s Internet Web site to the
40Secretary of State’s electronic voter registration system.

begin deleteP182  1

SEC. 144.  

Section 8040 of the Elections Code is amended to
2read:

3

8040.  

(a) The declaration of candidacy by a candidate shall
4be substantially as follows:


5

 

DECLARATION OF CANDIDACY

 

 I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:

My name is    .

 I want my name and occupational designation to appear on the ballot as follows: ______________________________________.

Addresses:

Residence   

   

Business   

   

Mailing    

   

 Telephone numbers: Day _________ Evening _________

 Web site: _______________________________________

 I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required).

 I am at present an incumbent of the following public office

(if any) __________.

 If nominated, I will accept the nomination and not withdraw.


           Signature of candidate   

P182 30P182 18P182 2234

 

 

A candidate for voter-nominated office shall also complete all of the following:

   

(1) I hereby certify that:

(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any:    .

(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows:

 

Party Registration

County

Timeframe (by year)

   

   

   

   

   

   

   

   

   

   

(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following:

   

______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration).

   

______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration).

   
  

Dated this ___ day of _____, 20___.

  

   

  

  Signature of candidate

P182 2234

 

 

State of California  

 )

 

County of    

 ) ss.

 

 

 )

 

 

 

 Subscribed and sworn to before me this ___ day of ________, 20____.


      Notary Public (or other official)   

 Examined and certified by me this ________ day of ________, 20____.


          County Elections Official   

 

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in his or her possession which is entitled to be filed under the provisions of the Elections Code Section 18202.

 

35(b) At the discretion of the elections official, a candidate for a
36judicial office, or a candidate for any office whose voter registration
37information is confidential under Section 2166, 2166.5, or 2166.7,
38may withhold his or her residence address from the declaration of
39candidacy. If a candidate does not state his or her residence address
40on the declaration of candidacy, the elections official shall verify
P184  1if the candidate’s address is within the appropriate political
2subdivision and add the notation “verified” where appropriate on
3the declaration.

end delete
4

SEC. 145.  

Section 3201 of the Family Code, as added by
5Section 2 of Chapter 1004 of the Statutes of 1999, is amended and
6renumbered to read:

7

3201.5.  

(a) The programs described in this chapter shall be
8administered by the family law division of the superior court in
9the county.

10(b) For purposes of this chapter, “education about protecting
11children during family disruption” includes education on parenting
12skills and the impact of parental conflict on children, how to put
13a parenting agreement into effect, and the responsibility of both
14parents to comply with custody and visitation orders.

15

SEC. 146.  

Section 3690 of the Family Code, as added by
16Section 6 of Chapter 653 of the Statutes of 1999, is repealed.

17

SEC. 147.  

The heading of Article 3 (commencing with Section
183780) of Chapter 7 of Part 1 of Division 9 of the Family Code is
19repealed.

20

SEC. 148.  

Section 4051 of the Family Code is repealed.

21

SEC. 149.  

Section 6203 of the Family Code is amended to
22read:

23

6203.  

(a) For purposes of this act, “abuse” means any of the
24following:

25(1) To intentionally or recklessly cause or attempt to cause
26bodily injury.

27(2) Sexual assault.

28(3) To place a person in reasonable apprehension of imminent
29serious bodily injury to that person or to another.

30(4) To engage in any behavior that has been or could be enjoined
31pursuant to Section 6320.

32(b) Abuse is not limited to the actual infliction of physical injury
33or assault.

34

SEC. 150.  

Section 6301 of the Family Code is amended to
35read:

36

6301.  

(a) An order under this part may be granted to any person
37described in Section 6211, including a minor pursuant to
38subdivision (b) of Section 372 of the Code of Civil Procedure.

39(b) The right to petition for relief shall not be denied because
40the petitioner has vacated the household to avoid abuse, and in the
P185  1case of a marital relationship, notwithstanding that a petition for
2dissolution of marriage, for nullity of marriage, or for legal
3separation of the parties has not been filed.

4(c) The length of time since the most recent act of abuse is not,
5by itself, determinative. The court shall consider the totality of the
6circumstances in determining whether to grant or deny a petition
7for relief.

begin delete
8

SEC. 151.  

Section 7613.5 of the Family Code is amended to
9read:

10

7613.5.  

(a) An intended parent may, but is not required to, use
11the forms set forth in this section to demonstrate his or her intent
12to be a legal parent of a child conceived through assisted
13reproduction. These forms shall satisfy the writing requirement
14specified in Section 7613, and are designed to provide clarity
15regarding the intentions, at the time of conception, of intended
16parents using assisted reproduction. These forms do not affect any
17presumptions of parentage based on Section 7611, and do not
18preclude a court from considering any other claims to parentage
19under California statute or case law.

20(b) These forms apply only in very limited circumstances. Please
21read the forms carefully to see if you qualify for use of the forms.

22(c) These forms do not apply to assisted reproduction agreements
23for gestational carriers or surrogacy agreements.

24(d) This section shall not be interpreted to require the use of
25one of these forms to satisfy the writing requirement of Section
267613.

27(e) The following are the optional California Statutory Forms
28for Assisted Reproduction:


29

 

California Statutory Forms for Assisted Reproduction, Form 1:

 

Married Spouses or Registered Domestic Partners Using Assisted Reproduction to Conceive a Child

Use this form if: (1) You and the other person are married spouses or registered domestic partners (including registered domestic partners or civil union partners from another jurisdiction); (2) you and the other person are conceiving a child through assisted reproduction using sperm and/or egg donation; and (3) one of you will be giving birth.

 

WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation.

 

I, ____________________ (print name of spouse/partner), am married to, or in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction) with, a person who will give birth to a child we plan to conceive through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by my spouse/domestic partner to conceive a child. I INTEND to be a parent of the child conceived.

 

SIGNATURES

 

Intended parent who will give birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent spouse or registered domestic partner: ____________ (print name)

_________________________ (signature)  ___________(date)

P186 333435P186 192021P186 293031P186 15P186 19P186  3

 

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 
P186 293031P186 15P186 19P186  3

 

 

 

______ ______

 

California Statutory Forms for Assisted Reproduction, Form 2:

 

Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child

Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child.

 

Do not use this form if you are conceiving using a surrogate.

 

WARNING: If you do not sign this form, you may be treated as a sperm donor if your sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination according to Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation.

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived.

 

I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived.

 

SIGNATURES

 

Intended parent giving birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent providing sperm: ____________ (print name)

_________________________ (signature)  ___________(date)

P186 19P186  3

 

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 

 

 

______ ______

 

California Statutory Forms for Assisted Reproduction, Form 3:

 

Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth

Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child.

 

Do not use this form if you are conceiving using a surrogate.

 

WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician or surgeon or to a licensed sperm bank prior to insemination as required by Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child.

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived.

 

I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived.

 

SIGNATURES

 

Intended parent giving birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent providing eggs: ____________ (print name)

_________________________ (signature)  ___________(date)

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 

 

end delete
4

begin deleteSEC. 152.end delete
5begin insertSEC. 151.end insert  

Section 8712 of the Family Code is amended to
6read:

7

8712.  

(a) The department, county adoption agency, or licensed
8adoption agency shall require each person who files an application
9for adoption to be fingerprinted and shall secure from an
10appropriate law enforcement agency any criminal record of that
11person to determine whether the person has ever been convicted
12of a crime other than a minor traffic violation. The department,
13county adoption agency, or licensed adoption agency may also
14secure the person’s full criminal record, if any, with the exception
15of any convictions for which relief has been granted pursuant to
16Section 1203.49 of the Penal Code. Any federal-level criminal
17offender record requests to the Department of Justice shall be
18submitted with fingerprint images and related information required
19by the Department of Justice for the purposes of obtaining
20information as to the existence and content of a record of an
21out-of-state or federal conviction or arrest of a person or
22information regarding any out-of-state or federal crimes or arrests
23for which the Department of Justice establishes that the person is
24free on bail, or on his or her own recognizance pending trial or
25appeal. The Department of Justice shall forward to the Federal
26Bureau of Investigation any requests for federal summary criminal
27history information received pursuant to this section. The
28Department of Justice shall review the information returned from
29the Federal Bureau of Investigation and shall compile and
30disseminate a response to the department, county adoption agency,
31or licensed adoption agency.

32(b) Notwithstanding subdivision (c), the criminal record, if any,
33shall be taken into consideration when evaluating the prospective
34adoptive parent, and an assessment of the effects of any criminal
35history on the ability of the prospective adoptive parent to provide
36adequate and proper care and guidance to the child shall be
37included in the report to the court.

38(c) (1) The department, county adoption agency, or licensed
39adoption agency shall not give final approval for an adoptive
40placement in any home in which the prospective adoptive parent
P192  1or any adult living in the prospective adoptive home has either of
2the following:

3(A) A felony conviction for child abuse or neglect, spousal
4abuse, crimes against a child, including child pornography, or for
5a crime involving violence, including rape, sexual assault, or
6homicide, but not including other physical assault and battery. For
7purposes of this subdivision, crimes involving violence means
8those violent crimes contained in clause (i) of subparagraph (A),
9and subparagraph (B), of paragraph (1) of subdivision (g) of
10Section 1522 of the Health and Safety Code.

11(B) A felony conviction that occurred within the last five years
12for physical assault, battery, or a drug- or alcohol-related offense.

13(2) This subdivision shall become operative on October 1, 2008,
14and shall remain operative only to the extent that compliance with
15its provisions is required by federal law as a condition of receiving
16funding under Title IV-E of the federal Social Security Act (42
17U.S.C. Sec. 670 et seq.).

18(d) Any fee charged by a law enforcement agency for
19fingerprinting or for checking or obtaining the criminal record of
20the applicant shall be paid by the applicant. The department, county
21adoption agency, or licensed adoption agency may defer, waive,
22or reduce the fee when its payment would cause economic hardship
23to prospective adoptive parents detrimental to the welfare of the
24adopted child, when the child has been in the foster care of the
25prospective adoptive parents for at least one year, or if necessary
26for the placement of a special-needs child.

27

begin deleteSEC. 153.end delete
28begin insertSEC. 152.end insert  

Section 8811 of the Family Code is amended to
29read:

30

8811.  

(a) The department or delegated county adoption agency
31shall require each person who files an adoption petition to be
32fingerprinted and shall secure from an appropriate law enforcement
33agency any criminal record of that person to determine whether
34the person has ever been convicted of a crime other than a minor
35traffic violation. The department or delegated county adoption
36agency may also secure the person’s full criminal record, if any,
37with the exception of any convictions for which relief has been
38granted pursuant to Section 1203.49 of the Penal Code. Any
39federal-level criminal offender record requests to the Department
40of Justice shall be submitted with fingerprint images and related
P193  1information required by the Department of Justice for the purposes
2of obtaining information as to the existence and content of a record
3of an out-of-state or federal conviction or arrest of a person or
4information regarding any out-of-state or federal crimes or arrests
5for which the Department of Justice establishes that the person is
6free on bail, or on his or her own recognizance pending trial or
7appeal. The Department of Justice shall forward to the Federal
8Bureau of Investigation any requests for federal summary criminal
9history information received pursuant to this section. The
10Department of Justice shall review the information returned from
11the Federal Bureau of Investigation and shall compile and
12disseminate a response to the department or delegated county
13adoption agency.

14(b) Notwithstanding subdivision (c), the criminal record, if any,
15shall be taken into consideration when evaluating the prospective
16adoptive parent, and an assessment of the effects of any criminal
17history on the ability of the prospective adoptive parent to provide
18adequate and proper care and guidance to the child shall be
19included in the report to the court.

20(c) (1) The department or a delegated county adoption agency
21shall not give final approval for an adoptive placement in any home
22in which the prospective adoptive parent or any adult living in the
23prospective adoptive home has either of the following:

24(A) A felony conviction for child abuse or neglect, spousal
25abuse, crimes against a child, including child pornography, or for
26a crime involving violence, including rape, sexual assault, or
27homicide, but not including other physical assault and battery. For
28purposes of this subdivision, crimes involving violence means
29those violent crimes contained in clause (i) of subparagraph (A),
30and subparagraph (B), of paragraph (1) of subdivision (g) of
31Section 1522 of the Health and Safety Code.

32(B) A felony conviction that occurred within the last five years
33for physical assault, battery, or a drug- or alcohol-related offense.

34(2) This subdivision shall become operative on October 1, 2008,
35and shall remain operative only to the extent that compliance with
36its provisions is required by federal law as a condition of receiving
37funding under Title IV-E of the federal Social Security Act (42
38U.S.C. 670 et seq.).

39(d) Any fee charged by a law enforcement agency for
40fingerprinting or for checking or obtaining the criminal record of
P194  1the petitioner shall be paid by the petitioner. The department or
2delegated county adoption agency may defer, waive, or reduce the
3fee when its payment would cause economic hardship to the
4prospective adoptive parents detrimental to the welfare of the
5adopted child, when the child has been in the foster care of the
6prospective adoptive parents for at least one year, or if necessary
7for the placement of a special-needs child.

8

begin deleteSEC. 154.end delete
9begin insertSEC. 153.end insert  

Section 8908 of the Family Code is amended to
10read:

11

8908.  

(a) A licensed adoption agency shall require each person
12filing an application for adoption to be fingerprinted and shall
13secure from an appropriate law enforcement agency any criminal
14record of that person to determine whether the person has ever
15been convicted of a crime other than a minor traffic violation. The
16licensed adoption agency may also secure the person’s full criminal
17record, if any, with the exception of any convictions for which
18relief has been granted pursuant to Section 1203.49 of the Penal
19Code. Any federal-level criminal offender record requests to the
20Department of Justice shall be submitted with fingerprint images
21and related information required by the Department of Justice for
22the purposes of obtaining information as to the existence and
23content of a record of an out-of-state or federal conviction or arrest
24 of a person or information regarding any out-of-state or federal
25crimes or arrests for which the Department of Justice establishes
26that the person is free on bail, or on his or her own recognizance
27pending trial or appeal. The Department of Justice shall forward
28to the Federal Bureau of Investigation any requests for federal
29summary criminal history information received pursuant to this
30section. The Department of Justice shall review the information
31returned from the Federal Bureau of Investigation and shall compile
32and disseminate a fitness determination to the licensed adoption
33agency.

34(b) Notwithstanding subdivision (c), the criminal record, if any,
35shall be taken into consideration when evaluating the prospective
36adoptive parent, and an assessment of the effects of any criminal
37history on the ability of the prospective adoptive parent to provide
38adequate and proper care and guidance to the child shall be
39included in the report to the court.

P195  1(c) (1) A licensed adoption agency shall not give final approval
2for an adoptive placement in any home in which the prospective
3adoptive parent, or any adult living in the prospective adoptive
4home, has a felony conviction for either of the following:

5(A) Any felony conviction for child abuse or neglect, spousal
6abuse, crimes against a child, including child pornography, or for
7a crime involving violence, including rape, sexual assault, or
8homicide, but not including other physical assault and battery. For
9purposes of this subdivision, crimes involving violence means
10those violent crimes contained in clause (i) of subparagraph (A),
11and subparagraph (B), of paragraph (1) of subdivision (g) of
12Section 1522 of the Health and Safety Code.

13(B) A felony conviction that occurred within the last five years
14for physical assault, battery, or a drug- or alcohol-related offense.

15(2) This subdivision shall become operative on October 1, 2008,
16and shall remain operative only to the extent that compliance with
17its provisions is required by federal law as a condition of receiving
18funding under Title IV-E of the federal Social Security Act (42
19U.S.C. 670 et seq.).

20(d) Any fee charged by a law enforcement agency for
21fingerprinting or for checking or obtaining the criminal record of
22the applicant shall be paid by the applicant. The licensed adoption
23agency may defer, waive, or reduce the fee when its payment would
24cause economic hardship to the prospective adoptive parents
25detrimental to the welfare of the adopted child.

26

begin deleteSEC. 155.end delete
27begin insertSEC. 154.end insert  

Section 12201 of the Financial Code is amended to
28read:

29

12201.  

(a) An application for a license shall be in writing,
30under oath, and in a form prescribed by the commissioner and shall
31contain the name, and the address both of the residence and place
32of business, of the applicant and if the applicant is a partnership
33or association, of every member thereof, and if a corporation, of
34every officer and director thereof.

35(b) Notwithstanding any other law, the commissioner may by
36rule or order prescribe circumstances under which to accept
37electronic records or electronic signatures. This section does not
38require the commissioner to accept electronic records or electronic
39signatures.

P196  1(c) For purposes of this section, the following terms have the
2following meanings:

3(1) “Electronic record” means an initial license application, or
4material modification of that license application, and any other
5record created, generated, sent, communicated, received, or stored
6by electronic means. “Electronic record” also includes, but is not
7limited to, all of the following:

8(A) An application, amendment, supplement, and exhibit, filed
9for any license, consent, or other authority.

10(B) A financial statement, report, or advertising.

11(C) An order, license, consent, or other authority.

12(D) A notice of public hearing, accusation, and statement of
13issues in connection with any application, license, consent, or other
14authority.

15(E) A proposed decision of a hearing officer and a decision of
16the commissioner.

17(F) The transcripts of a hearing.

18(G) A release, newsletter, interpretive opinion, determination,
19or specific ruling.

20(H) Correspondence between a party and the commissioner
21directly relating to any document listed in subparagraphs (A) to
22(G), inclusive.

23(2) “Electronic signature” means an electronic sound, symbol,
24or process attached to or logically associated with an electronic
25record and executed or adopted by a person with the intent to sign
26the electronic record.

27(d) The Legislature finds and declares that the Department of
28Business Oversight has continuously implemented methods to
29accept records filed electronically, and is encouraged to continue
30to expand its use of electronic filings to the extent feasible, as
31budget, resources, and equipment are made available to accomplish
32that goal.

33

begin deleteSEC. 156.end delete
34begin insertSEC. 155.end insert  

Section 17201 of the Financial Code is amended to
35read:

36

17201.  

(a) An application for a license as an escrow agent
37shall be in writing and in such form as is prescribed by the
38commissioner. The application shall be verified by the oath of the
39applicant.

P197  1(b) Notwithstanding any other law, the commissioner may by
2rule or order prescribe circumstances under which to accept
3electronic records or electronic signatures. This section does not
4require the commissioner to accept electronic records or electronic
5signatures.

6(c) For purposes of this section, the following terms have the
7following meanings:

8(1) “Electronic record” means an initial license application, or
9material modification of that license application, and any other
10record created, generated, sent, communicated, received, or stored
11by electronic means. “Electronic records” also includes, but is not
12limited to, all of the following:

13(A) An application, amendment, supplement, and exhibit, filed
14for any order, license, consent, or other authority.

15(B) A financial statement, report, or advertising.

16(C) An order, license, consent, or other authority.

17(D) A notice of public hearing, accusation, and statement of
18issues in connection with any application, registration, order,
19license, consent, or other authority.

20(E) A proposed decision of a hearing officer and a decision of
21the commissioner.

22(F) The transcripts of a hearing and correspondence between a
23party and the commissioner directly relating to the record.

24(G) A release, newsletter, interpretive opinion, determination,
25or specific ruling.

26(H) Correspondence between a party and the commissioner
27directly relating to any document listed in subparagraphs (A) to
28(G), inclusive.

29(2) “Electronic signature” means an electronic sound, symbol,
30or process attached to or logically associated with an electronic
31record and executed or adopted by a person with the intent to sign
32the electronic record.

33(d) The Legislature finds and declares that the Department of
34Business Oversight has continuously implemented methods to
35accept records filed electronically, and is encouraged to continue
36to expand its use of electronic filings to the extent feasible, as
37budget, resources, and equipment are made available to accomplish
38that goal.

P198  1

begin deleteSEC. 157.end delete
2begin insertSEC. 156.end insert  

Section 22066 of the Financial Code is amended to
3read:

4

22066.  

(a) The Legislature finds and declares that nonprofit
5organizations have an important role to play in helping individuals
6obtain access to affordable, credit-building small dollar loans.
7California law should refrain from creating statutory barriers that
8risk slowing the growth of these loans. This section shall be
9liberally construed to encourage nonprofit organizations to help
10facilitate the making of zero-interest, low-cost loans, through
11lending circles and other programs and services that allow
12individuals to establish and build credit histories or to improve
13their credit scores.

14(b) For the purposes of this section, an organization described
15in subdivision (c) shall be known as an exempt organization, and
16an organization described in subdivision (d) shall be known as a
17partnering organization.

18(c) There shall be exempted from this division a nonprofit
19organization that facilitates one or more zero-interest, low-cost
20loans, provided all of the following conditions are met:

21(1) The organization is exempt from federal income taxes under
22Section 501(c)(3) of the Internal Revenue Code and is organized
23and operated exclusively for one or more of the purposes described
24in Section 501(c)(3) of the Internal Revenue Code.

25(2) No part of the net earnings of the organization inures to the
26benefit of a private shareholder or individual.

27(3) A broker’s fee is not paid in connection with the making of
28the loan that is facilitated by the organization.

29(4) An organization wishing to operate pursuant to an exemption
30granted under this section shall file an application for exemption
31with the commissioner, in a manner prescribed by the
32commissioner, and shall pay a fee to the commissioner, in an
33amount calculated by the commissioner to cover his or her costs
34to administer this section and Section 22067. The commissioner
35may refuse to grant an exemption, or to suspend or revoke a
36previously issued exemption if he or she finds that one or more of
37the provisions of this section were not met or are not being met
38by the organization and that denial, suspension, or revocation of
39the exemption is in the best interests of the public.

P199  1(5) Every organization whose exemption is approved by the
2commissioner shall file an annual report with the commissioner
3on or before March 15 of each year, containing relevant information
4that the commissioner reasonably requires concerning lending
5facilitated by the organization within the state during the preceding
6calendar year at all locations at which the organization facilitates
7lending. The commissioner shall compile the information submitted
8pursuant to this paragraph for use in preparing the report required
9by Section 22067.

10(6) Any loan made pursuant to this section shall comply with
11the following requirements:

12(A) The loan shall be unsecured.

13(B) Interest shall not be imposed.

14(C) An administrative fee may be charged in an amount not to
15exceed the following:

16(i) Seven percent of the principal amount, exclusive of the
17administrative fee, or ninety dollars ($90), whichever is less, on
18the first loan made to a borrower.

19(ii) Six percent of the principal amount, exclusive of the
20administrative fee, or seventy-five dollars ($75), whichever is less,
21on the second and subsequent loans made to that borrower.

22(D) An organization shall not charge the same borrower an
23administrative fee more than once in any four-month period. Each
24administrative fee shall be fully earned immediately upon
25consummation of a loan agreement.

26(E) Notwithstanding subdivision (a) of Section 22320.5 and in
27lieu of any other type of delinquency fee or late fee, an organization
28may require reimbursement from a borrower of up to ten dollars
29($10) to cover an insufficient funds fee incurred by that
30organization due to actions of the borrower. An organization shall
31not charge more than two insufficient funds fees to the same
32borrower in a single month.

33(F) The following information shall be disclosed to the consumer
34in writing, in a typeface no smaller than 12-point type, at the time
35of the loan application:

36(i) The amount to be borrowed, the total dollar cost of the loan
37to the consumer if the loan is paid back on time, including the sum
38of the administrative fee and principal amount borrowed, the
39corresponding annual percentage rate, calculated in accordance
40with Federal Reserve Board Regulation Z (12 C.F.R. 226.1), the
P200  1periodic payment amount, the payment frequency, and the
2insufficient funds fee, if applicable.

3(ii) An explanation of whether, and under what circumstances,
4a borrower may exit a loan agreement.

5(G) The loan shall have a minimum principal amount upon
6origination of two hundred fifty dollars ($250) and a maximum
7principal amount upon origination of two thousand five hundred
8dollars ($2,500), and a term of not less than the following:

9(i) Ninety days for loans whose principal balance upon
10origination is less than five hundred dollars ($500).

11(ii) One hundred twenty days for loans whose principal balance
12upon origination is at least five hundred dollars ($500), but is less
13than one thousand five hundred dollars ($1,500).

14(iii) One hundred eighty days for loans whose principal balance
15upon origination is at least one thousand five hundred dollars
16($1,500).

17(H) The loan shall not be refinanced.

18(I) The organization or any of its wholly owned subsidiaries
19shall not sell or assign unpaid debt to an independent party for
20collection before at least 90 days have passed since the start of the
21delinquency.

22(7) Prior to disbursement of loan proceeds, the organization
23shall either (A) offer a credit education program or seminar to the
24borrower that has been previously reviewed and approved by the
25commissioner for use in complying with this section, or (B) invite
26the borrower to a credit education program or seminar offered by
27an independent third party that has been previously reviewed and
28approved by the commissioner for use in complying with this
29section. A credit education program or seminar offered pursuant
30to this paragraph shall be provided at no cost to the borrower.

31(8) The organization shall report each borrower’s payment
32performance to at least one consumer reporting agency that
33compiles and maintains files on consumers on a nationwide basis,
34upon acceptance as a data furnisher by that consumer reporting
35agency. For purposes of this section, a consumer reporting agency
36that compiles and maintains files on consumers on a nationwide
37basis is one that meets the definition in Section 603(p) of the
38federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)). An
39organization that is accepted as a data furnisher after being granted
40an exemption by the commissioner pursuant to this subdivision
P201  1shall report all borrower payment performance since its inception
2of lending under the program, as soon as practicable after its
3acceptance into the program, but in no event more than six months
4after its acceptance into the program.

5(9) The organization shall underwrite each loan and shall ensure
6that a loan is not made if, through its underwriting, the organization
7determines that the borrower’s total monthly debt service payments,
8at the time of loan origination, including the loan for which the
9 borrower is being considered, and across all outstanding forms of
10credit that can be independently verified by the organization,
11exceed 50 percent of the borrower’s gross monthly household
12income except as specified in clause (iii) of subparagraph (D).

13(A) The organization shall seek information and documentation
14pertaining to all of a borrower’s outstanding debt obligations during
15the loan application and underwriting process, including loans that
16are self-reported by the borrower but not available through
17independent verification. The organization shall verify that
18information using a credit report from at least one consumer
19reporting agency that compiles and maintains files on consumers
20on a nationwide basis or through other available electronic debt
21verification services that provide reliable evidence of a borrower’s
22outstanding debt obligations.

23(B) The organization shall also request from the borrower and
24include all information obtained from the borrower regarding
25outstanding deferred deposit transactions in the calculation of the
26borrower’s outstanding debt obligations.

27(C) The organization shall not be required to consider, for
28purposes of debt-to-income ratio evaluation, loans from friends or
29family.

30(D) The organization shall also verify the borrower’s household
31income that the organization relies on to determine the borrower’s
32debt-to-income ratio using information from any of the following:

33(i) Electronic means or services that provide reliable evidence
34of the borrower’s actual income.

35(ii) Internal Revenue Service Form W-2, tax returns, payroll
36receipts, bank statements, or other third-party documents that
37 provide reasonably reliable evidence of the borrower’s actual
38income.

39(iii)  A signed statement from the borrower stating sources and
40amounts of income, if the borrower’s actual income cannot be
P202  1independently verified using electronic means or services, Internal
2Revenue Service forms, tax returns, payroll receipts, bank
3statements, or other third-party documents. If income is verified
4using a signed statement from a borrower, a loan shall not be made
5if the borrower’s total monthly debt service payments, at the time
6of loan origination, including the loan for which the borrower is
7being considered, and across all outstanding forms of credit, exceed
825 percent of the borrower’s gross monthly household income.

9(10) The organization shall notify each borrower, at least two
10days prior to each payment due date, informing the borrower of
11the amount due and the payment due date. Notification may be
12provided by any means mutually acceptable to the borrower and
13the organization. A borrower shall have the right to opt out of this
14notification at any time, upon electronic or written request to the
15organization. The organization shall notify each borrower of this
16right prior to disbursing loan proceeds.

17(11) Notwithstanding Sections 22311 to 22315, inclusive, no
18organization, in connection with, or incidental to, the facilitating
19of any loan made pursuant to this section, may offer, sell, or require
20a borrower to contract for “credit insurance” as defined in
21paragraph (1) of subdivision (a) of Section 22314 or insurance on
22tangible personal or real property of the type specified in Section
2322313.

24(12) An organization shall not require, as a condition of making
25a loan, that a borrower waive any right, penalty, remedy, forum,
26or procedure provided for in any law applicable to the loan,
27including the right to file and pursue a civil action or file a
28complaint with or otherwise communicate with the commissioner
29or any court or other public entity, or that the borrower agree to
30resolve disputes in a jurisdiction outside of California or to the
31application of laws other than those of California, as provided by
32law. Any waiver by a borrower must be knowing, voluntary, and
33in writing, and expressly not made a condition of doing business
34with the organization. Any waiver that is required as a condition
35of doing business with the organization shall be presumed
36involuntary, unconscionable, against public policy, and
37unenforceable. The organization has the burden of proving that a
38waiver of any rights, penalties, forums, or procedures was knowing,
39voluntary, and not made a condition of the contract with the
40borrower.

P203  1(13) An organization shall not refuse to do business with or
2discriminate against a borrower or applicant on the basis that the
3borrower or applicant refuses to waive any right, penalty, remedy,
4forum, or procedure, including the right to file and pursue a civil
5action or complaint with, or otherwise notify, the commissioner
6or any court or other public entity. The exercise of a person’s right
7to refuse to waive any right, penalty, remedy, forum, or procedure,
8including a rejection of a contract requiring a waiver, shall not
9affect any otherwise legal terms of a contract or an agreement.

10(14) This section does not apply to any agreement to waive any
11right, penalty, remedy, forum, or procedure, including any
12agreement to arbitrate a claim or dispute, after a claim or dispute
13has arisen. This section does not affect the enforceability or validity
14of any other provision of the contract.

15(d) This division does not apply to a nonprofit organization that
16partners with an organization granted an exemption pursuant to
17subdivision (c) for the purpose of facilitating zero-interest, low-cost
18loans, provided that the requirements of paragraphs (6) to (14),
19inclusive, of subdivision (c), and the following additional
20conditions are met:

21(1) The partnership of each exempt organization and each
22partnering organization shall be formalized through a written
23agreement that specifies the obligations of each party. Each written
24agreement shall contain a provision establishing that the partnering
25organization agrees to comply with the provisions of this section
26and any regulations that may be adopted by the commissioner
27pursuant to this section. Each written agreement shall be provided
28to the commissioner upon request.

29(2) Each partnering organization shall meet the requirements
30for federal income tax exemption under Section 501(c)(3) of the
31Internal Revenue Code and shall be organized and operated
32exclusively for one or more of the purposes described in Section
33501(c)(3) of the Internal Revenue Code.

34(3) No part of the net earnings of the partnering organization
35shall inure to the benefit of a private shareholder or individual.

36(4) Each exempt organization shall notify the commissioner
37within 30 days of entering into a written agreement with a
38partnering organization, on such form and in such manner as the
39commissioner may prescribe. At a minimum, this notification shall
40include the name of the partnering organization, the contact
P204  1information for a person responsible for the lending activities
2facilitated by that partnering organization, and the address or
3addresses at which the organization facilitates lending activities.

4(5) Upon a determination that a partnering organization has
5acted in violation of this section or any regulation adopted
6thereunder, the commissioner may disqualify that partnering
7organization from performing services under this section, bar that
8organization from performing services at one or more specific
9locations of that organization, terminate a written agreement
10between a partnering organization and an exempt organization,
11and, if the commissioner deems such action to be in the public
12interest, prohibit the use of that partnering organization by all
13organizations granted exemptions by the commissioner pursuant
14to subdivision (c).

15(6) The exempt organization shall include information regarding
16the loans facilitated by the partnering organization in the annual
17report required pursuant to paragraph (5) of subdivision (c).

18(e) The commissioner may examine each exempt organization
19and each partnering organization for compliance with the
20provisions of this section, upon reasonable notice to the party
21responsible for the lending activities facilitated by that
22organization. An organization so examined shall make available
23to the commissioner or his or her representative all books and
24records requested by the commissioner related to the lending
25activities facilitated by that organization. The cost of the
26examination shall be paid by the exempt organization.

27(f) This section does not apply to any loan of a bona fide
28principal amount of two thousand five hundred dollars ($2,500)
29or more as determined in accordance with Section 22251. For
30purposes of this subdivision, “bona fide principal amount” shall
31be determined in accordance with Section 22251.

32

begin deleteSEC. 158.end delete
33begin insertSEC. 157.end insert  

Section 22101 of the Financial Code is amended to
34read:

35

22101.  

(a) An application for a license as a finance lender or
36broker under this division shall be in the form and contain the
37information that the commissioner may by rule or order require
38and shall be filed upon payment of the fee specified in Section
3922103.

P205  1(b) Notwithstanding any other law, an applicant who does not
2currently hold a license as a finance lender or broker under this
3division shall furnish, with his or her application, a full set of
4fingerprints and related information for purposes of the
5commissioner conducting a criminal history record check. The
6commissioner shall obtain and receive criminal history information
7from the Department of Justice and the Federal Bureau of
8Investigation pursuant to Section 22101.5.

9(c) This section shall not be construed to prevent a licensee from
10engaging in the business of a finance lender through a subsidiary
11corporation if the subsidiary corporation is licensed pursuant to
12this division.

13(d) For purposes of this section, “subsidiary corporation” means
14a corporation that is wholly owned by a licensee.

15(e) A new application shall not be required for a change in the
16address of an existing location previously licensed under this
17division. However, the licensee shall comply with the requirements
18of Section 22153.

19(f) Notwithstanding subdivisions (a) to (e), inclusive, the
20commissioner may by rule require an application to be made
21through the Nationwide Mortgage Licensing System and Registry,
22and may require fees, fingerprints, financial statements, supporting
23documents, changes of address, and any other information, and
24amendments or modifications thereto, to be submitted in the same
25manner.

26(g) Notwithstanding any other law, the commissioner may by
27rule or order prescribe circumstances under which to accept
28electronic records or electronic signatures. This section does not
29require the commissioner to accept electronic records or electronic
30signatures.

31(h) For purposes of this section, the following terms have the
32following meanings:

33(1) “Electronic record” means an initial license application, or
34material modification of that license application, and any other
35record created, generated, sent, communicated, received, or stored
36by electronic means. “Electronic records” also includes, but is not
37limited to, all of the following:

38(A) An application, amendment, supplement, and exhibit, filed
39for any license, consent, or other authority.

40(B) A financial statement, report, or advertising.

P206  1(C) An order, license, consent, or other authority.

2(D) A notice of public hearing, accusation, and statement of
3issues in connection with any application, license, consent, or other
4authority.

5(E) A proposed decision of a hearing officer and a decision of
6the commissioner.

7(F) The transcripts of a hearing and correspondence between a
8party and the commissioner directly relating to the record.

9(G) A release, newsletter, interpretive opinion, determination,
10or specific ruling.

11(H) Correspondence between a party and the commissioner
12directly relating to any document listed in subparagraphs (A) to
13(G), inclusive.

14(2) “Electronic signature” means an electronic sound, symbol,
15or process attached to or logically associated with an electronic
16record and executed or adopted by a person with the intent to sign
17the electronic record.

18(i) The Legislature finds and declares that the Department of
19Business Oversight has continuously implemented methods to
20accept records filed electronically, and is encouraged to continue
21to expand its use of electronic filings to the extent feasible, as
22budget, resources, and equipment are made available to accomplish
23that goal.

24

begin deleteSEC. 159.end delete
25begin insertSEC. 158.end insert  

Section 23005 of the Financial Code is amended to
26read:

27

23005.  

(a) A person shall not offer, originate, or make a
28deferred deposit transaction, arrange a deferred deposit transaction
29for a deferred deposit originator, act as an agent for a deferred
30deposit originator, or assist a deferred deposit originator in the
31origination of a deferred deposit transaction without first obtaining
32a license from the commissioner and complying with the provisions
33of this division. The requirements of this subdivision shall not
34apply to persons or entities that are excluded from the definition
35of “licensee” as set forth in Section 23001. This division shall not
36be construed to require the commissioner to create separate classes
37of licenses.

38(b) An application for a license under this division shall be in
39the form and contain the information that the commissioner may
P207  1by rule require and shall be filed upon payment of the fee specified
2in Section 23006.

3(c) A licensee with one or more licensed locations seeking an
4additional location license may file a short form license application
5as may be established by the commissioner pursuant to subdivision
6(b) of this section.

7(d) Notwithstanding any other law, the commissioner may by
8rule or order prescribe circumstances under which to accept
9electronic records or electronic signatures. This section does not
10require the commissioner to accept electronic records or electronic
11signatures.

12(e) For purposes of this section, the following terms have the
13following meanings:

14(1) “Electronic record” means an initial license application, or
15material modification of that license application, and any other
16record created, generated, sent, communicated, received, or stored
17by electronic means. “Electronic records” also includes, but is not
18limited to, all of the following:

19(A) An application, amendment, supplement, and exhibit, filed
20for any license, consent, or other authority.

21(B) A financial statement, report, or advertising.

22(C) An order, license, consent, or other authority.

23(D) A notice of public hearing, accusation, and statement of
24issues in connection with any application, license, consent, or other
25authority.

26(E) A proposed decision of a hearing officer and a decision of
27the commissioner.

28(F) The transcripts of a hearing.

29(G) A release, newsletter, interpretive opinion, determination,
30or specific ruling.

31(H) Correspondence between a party and the commissioner
32directly relating to any document listed in subparagraphs (A) to
33(G), inclusive.

34(2) “Electronic signature” means an electronic sound, symbol,
35or process attached to or logically associated with an electronic
36record and executed or adopted by a person with the intent to sign
37the electronic record.

38(f) The Legislature finds and declares that the Department of
39Business Oversight has continuously implemented methods to
40accept records filed electronically, and is encouraged to continue
P208  1to expand its use of electronic filings to the extent feasible, as
2budget, resources, and equipment are made available to accomplish
3that goal.

4

begin deleteSEC. 160.end delete
5begin insertSEC. 159.end insert  

Section 23015 of the Financial Code, as added by
6Section 25 of Chapter 101 of the Statutes of 2007, is amended and
7renumbered to read:

8

23015.5.  

(a) It is unlawful for any person to knowingly alter,
9destroy, mutilate, conceal, cover up, falsify, or make a false entry
10in any record, document, or tangible object with the intent to
11impede, obstruct, or influence the administration or enforcement
12of any provision of this division.

13(b) It is unlawful for any person to knowingly make an untrue
14statement to the commissioner during the course of licensing,
15investigation, or examination, with the intent to impede, obstruct,
16or influence the administration or enforcement of any provision
17of this division.

18

begin deleteSEC. 161.end delete
19begin insertSEC. 160.end insert  

Section 24058 of the Financial Code is repealed.

20

begin deleteSEC. 162.end delete
21begin insertSEC. 161.end insert  

Section 32208 of the Financial Code is amended to
22read:

23

32208.  

“Energy Commission” means the State Energy
24Resources Conservation and Development Commission.

25

begin deleteSEC. 163.end delete
26begin insertSEC. 162.end insert  

The heading of Article 1 (commencing with Section
2732700) of Chapter 6 of Division 15.5 of the Financial Code is
28repealed.

29

begin deleteSEC. 164.end delete
30begin insertSEC. 163.end insert  

The heading of Article 2 (commencing with Section
3132710) of Chapter 6 of Division 15.5 of the Financial Code is
32repealed.

33

begin deleteSEC. 165.end delete
34begin insertSEC. 164.end insert  

The heading of Chapter 8 (commencing with Section
3550601) of Division 20 of the Financial Code is repealed.

36

begin deleteSEC. 166.end delete
37begin insertSEC. 165.end insert  

Section 1652 of the Fish and Game Code is amended
38to read:

39

1652.  

(a) A project proponent may submit a written request
40to approve a habitat restoration or enhancement project to the
P209  1director pursuant to this section if the project has not received
2certification pursuant to the State Water Resources Control Board’s
3Order for Clean Water Act Section 401 General Water Quality
4Certification for Small Habitat Restoration Projects, or its current
5equivalent at the time the project proponent submits the written
6request. If the project has received certification pursuant to that
7order, or its current equivalent, the project proponent may submit
8a request for approval of the project pursuant to Section 1653.

9(b) A written request to approve a habitat restoration or
10enhancement project pursuant to this section shall contain all of
11the following:

12(1) The name, address, title, organization, telephone number,
13and email address of the natural person or persons who will be the
14main point of contact for the project proponent.

15(2) A full description of the habitat restoration or enhancement
16project that includes the designs and techniques to be used for the
17project, restoration or enhancement methods, an estimate of
18temporary restoration- or enhancement-related disturbance, project
19schedule, anticipated activities, and how the project is expected
20to result in a net benefit to any affected habitat and species,
21consistent with paragraph (4) of subdivision (c).

22(3) An assessment of the project area that provides a description
23of the existing flora and fauna and the potential presence of
24sensitive species or habitat. The assessment shall include preproject
25 photographs of the project area that include a descriptive title, date
26taken, the photographic monitoring point, and photographic
27orientation.

28(4) A geographic description of the project site including maps,
29land ownership information, and other relevant location
30information.

31(5) A description of the environmental protection measures
32incorporated into the project design, so that no potentially
33significant adverse effects on the environment, as defined in
34Section 15382 of Title 14 of the California Code of Regulations,
35are likely to occur with application of the specified environmental
36protection measures. Environmental protection measures may
37include, but are not limited to, appropriate seasonal work
38limitations, measures to avoid and minimize impacts to water
39quality and potentially present species protected by state and
40federal law, and the use of qualified professionals for standard
P210  1preconstruction surveys where protected species are potentially
2present.

3(6) Substantial evidence to support a conclusion that the project
4meets the requirements set forth in this section. Substantial
5evidence shall include references to relevant design criteria and
6environmental protection measures found in the documents
7specified in paragraph (4) of subdivision (c).

8(7) A certifying statement that the project will comply with the
9California Environmental Quality Act (Division 13 (commencing
10with Section 21000) of the Public Resources Code), which may
11include, but not be limited to, the requirements of Section 15333
12of Title 14 of the California Code of Regulations.

13(c) Notwithstanding any other law, within 60 days after receiving
14a written request to approve a habitat restoration or enhancement
15project, the director shall approve a habitat restoration or
16enhancement project if the director determines that the written
17request includes all of the required information set forth in
18subdivision (b), and the project meets all of the following
19requirements:

20(1) The project purpose is voluntary habitat restoration and the
21project is not required as mitigation.

22(2) The project is not part of a regulatory permit for a nonhabitat
23restoration or enhancement construction activity, a regulatory
24settlement, a regulatory enforcement action, or a court order.

25(3) The project meets the eligibility requirements of the State
26Water Resources Control Board’s Order for Clean Water Act
27Section 401 General Water Quality Certification for Small Habitat
28Restoration Projects, or its current equivalent at the time the project
29proponent submits the written request, but has not received
30certification pursuant to that order or its equivalent.

31(4) The project is consistent with, or identified in, sources that
32describe best available restoration and enhancement methodologies,
33including one or more of the following:

34(A) Federal- and state-listed species recovery plans or published
35protection measures, or previously approved department
36agreements and permits issued for voluntary habitat restoration or
37enhancement projects.

38(B) Department and National Marine Fisheries Service fish
39screening criteria or fish passage guidelines.

P211  1(C) The department’s California Salmonid Stream Habitat
2Restoration Manual.

3(D) Guidance documents and practice manuals that describe
4best available habitat restoration or enhancement methodologies
5that are utilized or approved by the department.

6(5) The project will not result in cumulative adverse
7environmental impacts that are significant when viewed in
8connection with the effects of past, current, or probable future
9projects.

10(d) If the director determines that the written request does not
11contain all of the information required by subdivision (b), or fails
12to meet the requirements set forth in subdivision (c), or both, the
13director shall deny the written request and inform the project
14proponent of the reason or reasons for the denial.

15(e) The project proponent shall submit a notice of completion
16to the department no later than 30 days after the project approved
17pursuant to this section is completed. The notice of completion
18shall demonstrate that the project has been carried out in
19accordance with the project’s description. The notice of completion
20shall include a map of the project location, including the final
21boundaries of the restoration area or areas and postproject
22photographs. Each photograph shall include a descriptive title,
23date taken, photographic monitoring point, and photographic
24orientation.

25(f) The project proponent shall submit a monitoring report
26describing whether the restoration project is meeting each of the
27restoration goals stated in the project application. Each report shall
28include photographs with a descriptive title, date taken,
29photographic monitoring point, and photographic orientation. The
30monitoring reports for Section 401 Water Quality Certification or
31waste discharge requirements of the State Water Resources Control
32Board or a regional water quality control board, or for department
33or federal voluntary habitat restoration programs, including, but
34not limited to, the Fisheries Restoration Grant Program, may be
35submitted in lieu of this requirement.

36

begin deleteSEC. 167.end delete
37begin insertSEC. 166.end insert  

Section 1653 of the Fish and Game Code is amended
38to read:

39

1653.  

(a) A project proponent may submit a written request
40to approve a habitat restoration or enhancement project to the
P212  1director pursuant to this section if the project has received
2certification pursuant to the State Water Resources Control Board’s
3Order for Clean Water Act Section 401 General Water Quality
4Certification for Small Habitat Restoration Projects, or its current
5equivalent at the time the project proponent submits the written
6request.

7(b) A written request to approve a habitat restoration or
8enhancement project pursuant to this section shall include all of
9the following:

10(1) Notice that the project proponent has received a notice of
11applicability that indicates that the project is authorized pursuant
12to the State Water Resources Control Board’s Order for Clean
13Water Act Section 401 General Water Quality Certification for
14Small Habitat Restoration Projects, or its equivalent at the time
15the project proponent submits the written request.

16(2) A copy of the notice of applicability.

17(3) A copy of the notice of intent provided to the State Water
18Resources Control Board or a regional water quality control board.

19(4) A description of species protection measures incorporated
20into the project design, but not already included in the notice of
21intent, to avoid and minimize impacts to potentially present species
22protected by state and federal law, such as appropriate seasonal
23work limitations and the use of qualified professionals for standard
24preconstruction surveys where protected species are potentially
25 present.

26(5) The fees required pursuant to Section 1655.

27(c) Upon receipt of the notice specified in paragraph (1) of
28subdivision (b), the director shall immediately have published in
29the General Public Interest section of the California Regulatory
30Notice Register the receipt of that notice.

31(d) Within 30 days after the director has received the notice of
32applicability described in subdivision (b), the director shall
33determine whether the written request accompanying the notice
34of applicability is complete.

35(e) If the director determines within that 30-day period, based
36upon substantial evidence, that the written request is not complete,
37then the project may be authorized under Section 1652.

38(f) The director shall immediately publish the determination
39pursuant to subdivision (d) in the General Public Interest section
40of the California Regulatory Notice Register.

P213  1(g) The project proponent shall submit the monitoring plan,
2monitoring report, and notice of completion to the department as
3required by the State Water Resources Control Board’s Order for
4Clean Water Act Section 401 General Water Quality Certification
5for Small Habitat Restoration Projects, or its current equivalent at
6the time the project proponent submits the written request. The
7order or its current equivalent may include programmatic waivers
8or waste discharge requirements for small scale restoration projects.

9

begin deleteSEC. 168.end delete
10begin insertSEC. 167.end insert  

Section 1654 of the Fish and Game Code is amended
11to read:

12

1654.  

(a) The director’s approval of a habitat restoration or
13enhancement project pursuant to Section 1652 or 1653 shall be in
14lieu of any other permit, agreement, license, or other approval
15issued by the department, including, but not limited to, those issued
16pursuant to Chapter 6 (commencing with Section 1600) and
17Chapter 10 (commencing with Section 1900) of this division and
18Chapter 1.5 (commencing with Section 2050) of Division 3.

19(b) This chapter shall not be construed as expanding the scope
20of projects requiring a permit, agreement, license, or other approval
21issued by the department.

22(c) (1) If the director determines at any time that the project is
23no longer consistent with subdivision (c) of Section 1652 or
24subdivision (b) of Section 1653, as applicable, due to a material
25change between the project as submitted and the project being
26implemented or a change in the environmental circumstances in
27the area of implementation, the director shall notify the project
28proponent in writing and project implementation shall be
29suspended. Written notice from the director shall be delivered in
30person, by certified mail, or by electronic communication to the
31project proponent and shall specify the reasons why approval of
32the project was suspended. The approval for a project shall not be
33revoked pursuant to this subdivision unless it has first been
34suspended pursuant to this subdivision.

35(2) Within 30 days of receipt of a notice of suspension, the
36project proponent may file an objection with the director. Any
37objection shall be in writing and state the reasons why the project
38proponent objects to the suspension. The project proponent may
39provide additional environmental protection measures, design
40modifications, or other evidence that the project is consistent with
P214  1subdivision (c) of Section 1652 or subdivision (b) of Section 1653,
2as applicable, and request that the notice of suspension be lifted
3and approval granted.

4(3) The director shall revoke approval or lift the suspension of
5project approval within 30 days after receiving the project
6proponent’s objection pursuant to paragraph (2).

7(d) Pursuant to Section 818.4 of the Government Code, the
8department and any other state agency exercising authority under
9this section shall not be liable with regard to any determination or
10authorization made pursuant to this section.

11

begin deleteSEC. 169.end delete
12begin insertSEC. 168.end insert  

Section 1745.2 of the Fish and Game Code is
13amended to read:

14

1745.2.  

(a) The department shall do both of the following:

15(1) Consider permitting apiculture on department-managed
16wildlife areas, where deemed appropriate by the department.

17(2) Determine, when developing or amending its land
18management plans, the following:

19(A) If the department-managed wildlife areas, or any portions
20of those areas, are suitable for apiculture and whether apiculture
21is consistent with the management goals and objectives for those
22areas on a temporary, seasonal, or long-term basis.

23(B) If the administration of apiculture on department-managed
24wildlife areas, where deemed appropriate by the department, is
25meeting the management goals and objectives for those areas.

26(C) The appropriate use or permit fee to be assessed for
27conducting apiculture on department-managed wildlife areas.

28(b) The department, in implementing this section, may consult
29with apiculture experts, including, but not limited to, the
30Department of Food and Agriculture, the University of California,
31other academic or professional experts, and interested stakeholders,
32for permitting apiculture on department-managed wildlife areas
33consistent with the respective management goals and objectives
34for those areas.

35(c) Moneys collected for conducting apiculture on
36department-managed wildlife areas pursuant to subparagraph (C)
37of paragraph (2) of subdivision (a) shall be deposited by the
38department into the Wildlife Restoration Fund and, upon
39appropriation by the Legislature, be used to support the
P215  1management, maintenance, restoration, and operation of
2department-managed wildlife areas.

3

begin deleteSEC. 170.end delete
4begin insertSEC. 169.end insert  

Section 12002 of the Fish and Game Code is
5amended to read:

6

12002.  

(a) Unless otherwise provided, the punishment for a
7violation of this code that is a misdemeanor is a fine of not more
8than one thousand dollars ($1,000), imprisonment in a county jail
9for not more than six months, or by both that fine and
10imprisonment.

11(b) The punishment for a violation of any of the following
12provisions is a fine of not more than two thousand dollars ($2,000),
13imprisonment in a county jail for not more than one year, or both
14the fine and imprisonment:

15(1) Section 1059.

16(2) Subdivision (c) of Section 4004.

17(3) Section 4600.

18(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.

19(5) A first violation of Section 8670.

20(6) Section 10500.

21(7) Unless a greater punishment is otherwise provided, a
22violation subject to subdivision (a) of Section 12003.1.

23(c) Except as specified in Sections 12001 and 12010, the
24punishment for violation of Section 3503, 3503.5, 3513, or 3800
25is a fine of not more than five thousand dollars ($5,000),
26imprisonment in the county jail for not more than six months, or
27by both that fine and imprisonment.

28(d) (1) A license, tag, stamp, reservation, permit, or other
29entitlement or privilege issued pursuant to this code to a defendant
30who fails to appear at a court hearing for a violation of this code,
31or who fails to pay a fine imposed pursuant to this code, shall be
32immediately suspended or revoked. The license, tag, stamp,
33reservation, permit, or other entitlement or privilege shall not be
34reinstated or renewed, and no other license, tag, stamp, reservation,
35permit, or other entitlement or privilege shall be issued to that
36person pursuant to this code, until the court proceeding is
37completed or the fine is paid.

38(2) This subdivision does not apply to any violation of Section
391052, 1059, 1170, 5650, 5653.9, 6454, 6650, or 6653.5.

P216  1

begin deleteSEC. 171.end delete
2begin insertSEC. 170.end insert  

The heading of Article 5 (commencing with Section
3491) of Chapter 3 of Part 1 of Division 1 of the Food and
4 Agricultural Code
, as added by Section 1 of Chapter 589 of the
5Statutes of 2000, is amended and renumbered to read:

6 

7Article 4.5.  Food Biotechnology Task Force
8

 

9

begin deleteSEC. 172.end delete
10begin insertSEC. 171.end insert  

Section 6045 of the Food and Agricultural Code is
11amended to read:

12

6045.  

(a) The Legislature finds and declares that the plant
13killing bacterium, Xyella Fastidiosa, and the resulting pathogen,
14Pierce’s disease, and its vectors present a clear and present danger
15to California’s sixty-billion-dollar grape industry, as well as to
16many other commodities and plant life.

17(b) There exists an ongoing need for at least fifteen million
18dollars ($15,000,000) annually in research and programs to combat
19Pierce’s disease and its vectors in California.

20

begin deleteSEC. 173.end delete
21begin insertSEC. 172.end insert  

Section 6047.9 of the Food and Agricultural Code
22 is amended to read:

23

6047.9.  

(a) For purposes of calculating the amount to be
24collected by the processor for purchased grapes, the assessment
25shall be based on the gross dollar value of the grapes, which is the
26gross dollar amount payable for the grapes before any deductions
27for governmental assessments and fees.

28(b) For purposes of calculating the assessment for grapes not
29purchased, the assessment shall be based on the following:

30(1) The tonnage of grapes delivered less material other than
31grapes and defects or other weight adjustments deducted from
32gross weight.

33(2) The weighted average price per ton delivered basis purchased
34from all nonrelated sources for wine, concentrate, juice, wine
35 vinegar, and beverage brandy by processors, by type, variety, and
36reporting district where grown for the grapes delivered, sources
37as reported by the secretary pursuant to Section 55601.5 for the
38immediately preceding marketing season.

P217  1

begin deleteSEC. 174.end delete
2begin insertSEC. 173.end insert  

Section 12996 of the Food and Agricultural Code
3 is amended to read:

4

12996.  

(a) Every person who violates any provision of this
5division relating to pesticides, or any regulation issued pursuant
6to a provision of this division relating to pesticides, is guilty of a
7misdemeanor and upon conviction shall be punished by a fine of
8not less than five hundred dollars ($500) nor more than five
9thousand dollars ($5,000), or by imprisonment of not more than
10six months, or by both the fine and imprisonment. Upon a second
11or subsequent conviction of the same provision of this division
12relating to pesticides, a person shall be punished by a fine of not
13less than one thousand dollars ($1,000) nor more than ten thousand
14dollars ($10,000), or by imprisonment of not more than six months,
15or by both the fine and imprisonment. Each violation constitutes
16a separate offense.

17(b) Notwithstanding the penalties prescribed in subdivision (a),
18if the offense involves an intentional or negligent violation that
19created or reasonably could have created a hazard to human health
20or the environment, the convicted person shall be punished by
21imprisonment in a county jail not exceeding one year or in the
22state prison or by a fine of not less than five thousand dollars
23($5,000) nor more than fifty thousand dollars ($50,000), or by both
24the fine and imprisonment.

25(c) This section does not apply to violations of Chapter 7.5
26(commencing with Section 15300) or Section 13186.5.

27

begin deleteSEC. 175.end delete
28begin insertSEC. 174.end insert  

Section 12999.5 of the Food and Agricultural Code
29 is amended to read:

30

12999.5.  

(a) In lieu of civil prosecution by the director, the
31county agricultural commissioner may levy a civil penalty against
32a person violating Division 6 (commencing with Section 11401),
33Article 10 (commencing with Section 12971) or Article 10.5
34(commencing with Section 12980) of this chapter, Section 12995,
35Article 1 (commencing with Section 14001) of Chapter 3, Chapter
363.7 (commencing with Section 14160), Chapter 7.5 (commencing
37with Section 15300), or a regulation adopted pursuant to any of
38these provisions, of not more than one thousand dollars ($1,000)
39for each violation. Any violation determined by the county
40agricultural commissioner to be a Class A violation as defined in
P218  1Section 6130 of Title 3 of the California Code of Regulations is
2subject to a fine of not more than five thousand dollars ($5,000)
3for each violation. It is unlawful and grounds for denial of a permit
4under Section 14008 for a person to refuse or neglect to pay a civil
5penalty levied pursuant to this section once the order is final.

6(b) If a person has received a civil penalty for pesticide drift in
7a school area subject to Section 11503.5 that results in a Class A
8violation as defined in subdivision (a), the county agricultural
9commissioner shall charge a fee, not to exceed fifty dollars ($50),
10for processing and monitoring each subsequent pesticide
11application that may pose a risk of pesticide drift made in a school
12area subject to Section 11503.5. The county agricultural
13commissioner shall continue to impose the fee for each subsequent
14application that may pose a risk of drift, until the person has
15completed 24 months without another Class A violation as defined
16in subdivision (a).

17(c) Before a civil penalty is levied, the person charged with the
18violation shall be given a written notice of the proposed action,
19including the nature of the violation and the amount of the proposed
20penalty, and shall have the right to request a hearing within 20
21days after receiving notice of the proposed action. A notice of the
22proposed action that is sent by certified mail to the last known
23address of the person charged shall be considered received even
24if delivery is refused or the notice is not accepted at that address.
25If a hearing is requested, notice of the time and place of the hearing
26shall be given at least 10 days before the date set for the hearing.
27At the hearing, the person shall be given an opportunity to review
28the county agricultural commissioner’s evidence and to present
29evidence on his or her own behalf. If a hearing is not timely
30requested, the county agricultural commissioner may take the
31action proposed without a hearing.

32(d) If the person upon whom the county agricultural
33commissioner levied a civil penalty requested and appeared at a
34hearing, the person may appeal the county agricultural
35commissioner’s decision to the director within 30 days of the date
36of receiving a copy of the county agricultural commissioner’s
37decision. The following procedures apply to the appeal:

38(1) The appeal shall be in writing and signed by the appellant
39or his or her authorized agent, state the grounds for the appeal, and
40include a copy of the county agricultural commissioner’s decision.
P219  1The appellant shall file a copy of the appeal with the county
2agricultural commissioner at the same time it is filed with the
3director.

4(2) The appellant and the county agricultural commissioner
5may, at the time of filing the appeal or within 10 days thereafter
6or at a later time prescribed by the director, present the record of
7the hearing, including written evidence that was submitted at the
8hearing, and a written argument to the director stating grounds for
9affirming, modifying, or reversing the county agricultural
10commissioner’s decision.

11(3) The director may grant oral arguments upon application
12made at the time written arguments are filed.

13(4) If an application to present an oral argument is granted,
14written notice of the time and place for the oral argument shall be
15given at least 10 days before the date set for the oral argument.
16The times may be altered by mutual agreement of the appellant,
17the county agricultural commissioner, and the director.

18(5) The director shall decide the appeal on the record of the
19hearing, including the written evidence and the written argument
20described in paragraph (2), that he or she has received. If the
21director finds substantial evidence in the record to support the
22county agricultural commissioner’s decision, the director shall
23affirm the decision.

24(6) The director shall render a written decision within 45 days
25of the date of appeal or within 15 days of the date of oral arguments
26or as soon thereafter as practical.

27(7) On an appeal pursuant to this section, the director may affirm
28the county agricultural commissioner’s decision, modify the county
29agricultural commissioner’s decision by reducing or increasing
30the amount of the penalty levied so that it is within the director’s
31guidelines for imposing civil penalties, or reverse the county
32agricultural commissioner’s decision. A civil penalty increased by
33the director shall not be higher than that proposed in the county
34agricultural commissioner’s notice of proposed action given
35pursuant to subdivision (c). A copy of the director’s decision shall
36be delivered or mailed to the appellant and the county agricultural
37commissioner.

38(8) Any person who does not request a hearing pursuant to
39subdivision (c) may not file an appeal pursuant to this subdivision.

P220  1(9) Review of a decision of the director may be sought by the
2appellant within 30 days of the date of the decision pursuant to
3Section 1094.5 of the Code of Civil Procedure.

4(e) The county agricultural commissioner may levy a civil
5penalty pursuant to subdivisions (a), (c), and (d) against a person
6violating paragraph (1), (2), or (8) of subdivision (a) of Section
71695 of the Labor Code, which pertains to registration with the
8county agricultural commissioner, carrying proof of that
9registration, and filing changes of address with the county
10agricultural commissioner.

11(f) After the exhaustion of the appeal and review procedures
12provided in this section, the county agricultural commissioner or
13his or her representative may file a certified copy of a final decision
14of the county agricultural commissioner that directs the payment
15of a civil penalty and, if applicable, a copy of any decision of the
16director or his or her authorized representative rendered on an
17appeal from the county agricultural commissioner’s decision and
18a copy of any order that denies a petition for a writ of
19administrative mandamus, with the clerk of the superior court of
20any county. Judgment shall be entered immediately by the clerk
21in conformity with the decision or order. Fees shall not be charged
22by the clerk of the superior court for the performance of official
23service required in connection with the entry of judgment pursuant
24to this section.

25

begin deleteSEC. 176.end delete
26begin insertSEC. 175.end insert  

Section 13186.5 of the Food and Agricultural Code
27 is amended to read:

28

13186.5.  

(a) Commencing July 1, 2016, and except as provided
29in subdivision (b), a school designee, as defined in Section 17609
30of the Education Code, and any person, including, but not
31necessarily limited to, a schoolsite or school district employee,
32who, in the course of his or her work, intends to apply a pesticide
33at a schoolsite subject to this article, shall annually complete a
34training course provided by the department or an agent authorized
35by the department. The training course shall include integrated
36pest management and the safe use of pesticides in relation to the
37unique nature of schoolsites and children’s health.

38(b) (1) Commencing July 1, 2016, any person hired to apply a
39pesticide at a schoolsite subject to this article shall complete at
40least a one-hour training course in integrated pest management
P221  1and the safe use of pesticides in relation to the unique nature of
2schoolsites and children’s health before applying pesticides at a
3schoolsite subject to this article and during each subsequent
4licensing period in which the person applies a pesticide at a
5schoolsite subject to this article. The training course may be applied
6to his or her professional continuing education requirement required
7by the Structural Pest Control Board or the department.

8(2) The training course required by paragraph (1) shall be
9developed by the department and may also be developed by a
10provider approved by the Structural Pest Control Board if the
11training course has been approved by the department.

12(3) The department shall ensure that the training course it
13develops or approves pursuant to paragraph (2) meets the
14requirements for continuing education credit required by the
15Structural Pest Control Board and the department.

16

begin deleteSEC. 177.end delete
17begin insertSEC. 176.end insert  

Section 19227 of the Food and Agricultural Code
18 is amended to read:

19

19227.  

(a) In addition to the license fee required pursuant to
20Section 19225, the department may charge each licensed renderer
21and collection center an additional fee necessary to cover the
22reasonable costs of administering Article 6 (commencing with
23Section 19300) and Article 6.5 (commencing with Section 19310).
24The additional fees authorized to be imposed by this section shall
25not exceed three thousand dollars ($3,000) per year per each
26licensed rendering plant or collection center.

27(b) The secretary shall fix the annual fee established pursuant
28to this section and may fix different fees for renderers and
29collection centers. The secretary shall also fix the date the fee is
30due and the method of collecting the fee. If an additional fee is
31imposed on licensed renderers pursuant to subdivision (a) and an
32additional fee is imposed on registered transporters pursuant to
33subdivision (a) of Section 19315, only one additional fee may be
34imposed on a person or firm that is both licensed as a renderer
35pursuant to Article 6 (commencing with Section 19300) and
36registered as a transporter of inedible kitchen grease pursuant to
37Article 6.5 (commencing with Section 19310), which fee shall be
38the higher of the two fees.

39(c) If the fee established pursuant to this section is not paid
40within one calendar month of the date it is due, a penalty shall be
P222  1imposed in the amount of 10 percent per annum on the amount of
2the unpaid fee.

3(d) This section shall become inoperative on July 1, 2020, and,
4as of January 1, 2021, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2021, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

begin deleteSEC. 178.end delete
8begin insertSEC. 177.end insert  

Section 55462 of the Food and Agricultural Code,
9as added by Section 5 of Chapter 651 of the Statutes of 1997, is
10repealed.

11

begin deleteSEC. 179.end delete
12begin insertSEC. 178.end insert  

Section 77103 of the Food and Agricultural Code
13 is repealed.

14

begin deleteSEC. 180.end delete
15begin insertSEC. 179.end insert  

Section 78579 of the Food and Agricultural Code
16 is amended to read:

17

78579.  

(a) Unless funds are otherwise provided by the
18Secretary for Environmental Protection, before the referendum
19vote is conducted by the secretary, the proponents of the council
20shall deposit with the secretary the amount that the secretary
21determines is necessary to defray the expenses of preparing the
22necessary lists and information and conducting the referendum
23vote.

24(b) Any funds not used in carrying out this article shall be
25returned to the proponents of the council who deposited the funds
26with the secretary.

27(c) Upon the establishment of the council, the council may
28reimburse the proponents of the council for any funds deposited
29by the proponents with the secretary that were used in carrying
30out this article, and for any legal expenses and costs incurred in
31establishing the council.

32

begin deleteSEC. 181.end delete
33begin insertSEC. 180.end insert  

The heading of Chapter 3 (commencing with Section
34980) of Part 5 of Division 3.6 of Title 1 of the Government Code
35 is repealed.

36

begin deleteSEC. 182.end delete
37begin insertSEC. 181.end insert  

Section 4420.5 of the Government Code, as added
38by Section 18 of Chapter 407 of the Statutes of 1998, is repealed.

P223  1

begin deleteSEC. 183.end delete
2begin insertSEC. 182.end insert  

The heading of Chapter 14 (commencing with
3Section 5970) of Division 6 of Title 1 of the Government Code,
4as added by Section 1 of Chapter 309 of the Statutes of 1996, is
5amended and renumbered to read:

6 

7Chapter  15. Awarding of Contracts
8

 

9

begin deleteSEC. 184.end delete
10begin insertSEC. 183.end insert  

Section 6254 of the Government Code is amended
11to read:

12

6254.  

Except as provided in Sections 6254.7 and 6254.13, this
13chapter does not require the disclosure of any of the following
14records:

15(a) Preliminary drafts, notes, or interagency or intra-agency
16memoranda that are not retained by the public agency in the
17ordinary course of business, if the public interest in withholding
18those records clearly outweighs the public interest in disclosure.

19(b) Records pertaining to pending litigation to which the public
20agency is a party, or to claims made pursuant to Division 3.6
21(commencing with Section 810), until the pending litigation or
22claim has been finally adjudicated or otherwise settled.

23(c) Personnel, medical, or similar files, the disclosure of which
24would constitute an unwarranted invasion of personal privacy.

25(d) Records contained in or related to any of the following:

26(1) Applications filed with any state agency responsible for the
27regulation or supervision of the issuance of securities or of financial
28institutions, including, but not limited to, banks, savings and loan
29associations, industrial loan companies, credit unions, and
30insurance companies.

31(2) Examination, operating, or condition reports prepared by,
32on behalf of, or for the use of, any state agency referred to in
33paragraph (1).

34(3) Preliminary drafts, notes, or interagency or intra-agency
35communications prepared by, on behalf of, or for the use of, any
36state agency referred to in paragraph (1).

37(4) Information received in confidence by any state agency
38referred to in paragraph (1).

39(e) Geological and geophysical data, plant production data, and
40similar information relating to utility systems development, or
P224  1market or crop reports, that are obtained in confidence from any
2person.

3(f) Records of complaints to, or investigations conducted by,
4or records of intelligence information or security procedures of,
5the office of the Attorney General and the Department of Justice,
6the Office of Emergency Services and any state or local police
7agency, or any investigatory or security files compiled by any other
8state or local police agency, or any investigatory or security files
9compiled by any other state or local agency for correctional, law
10enforcement, or licensing purposes. However, state and local law
11enforcement agencies shall disclose the names and addresses of
12persons involved in, or witnesses other than confidential informants
13to, the incident, the description of any property involved, the date,
14time, and location of the incident, all diagrams, statements of the
15parties involved in the incident, the statements of all witnesses,
16other than confidential informants, to the victims of an incident,
17or an authorized representative thereof, an insurance carrier against
18which a claim has been or might be made, and any person suffering
19bodily injury or property damage or loss, as the result of the
20incident caused by arson, burglary, fire, explosion, larceny,
21robbery, carjacking, vandalism, vehicle theft, or a crime as defined
22by subdivision (b) of Section 13951, unless the disclosure would
23endanger the safety of a witness or other person involved in the
24investigation, or unless disclosure would endanger the successful
25completion of the investigation or a related investigation. However,
26this division does not require the disclosure of that portion of those
27investigative files that reflects the analysis or conclusions of the
28investigating officer.

29Customer lists provided to a state or local police agency by an
30alarm or security company at the request of the agency shall be
31construed to be records subject to this subdivision.

32Notwithstanding any other provision of this subdivision, state
33and local law enforcement agencies shall make public the following
34information, except to the extent that disclosure of a particular
35item of information would endanger the safety of a person involved
36in an investigation or would endanger the successful completion
37of the investigation or a related investigation:

38(1) The full name and occupation of every individual arrested
39by the agency, the individual’s physical description including date
40of birth, color of eyes and hair, sex, height and weight, the time
P225  1and date of arrest, the time and date of booking, the location of
2the arrest, the factual circumstances surrounding the arrest, the
3amount of bail set, the time and manner of release or the location
4where the individual is currently being held, and all charges the
5individual is being held upon, including any outstanding warrants
6from other jurisdictions and parole or probation holds.

7(2) Subject to the restrictions imposed by Section 841.5 of the
8Penal Code, the time, substance, and location of all complaints or
9requests for assistance received by the agency and the time and
10nature of the response thereto, including, to the extent the
11information regarding crimes alleged or committed or any other
12incident investigated is recorded, the time, date, and location of
13occurrence, the time and date of the report, the name and age of
14the victim, the factual circumstances surrounding the crime or
15incident, and a general description of any injuries, property, or
16weapons involved. The name of a victim of any crime defined by
17Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
18266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
19286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
20Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
21of the November 7, 2006, statewide general election), 288.5, 288.7,
22289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
23be withheld at the victim’s request, or at the request of the victim’s
24parent or guardian if the victim is a minor. When a person is the
25victim of more than one crime, information disclosing that the
26person is a victim of a crime defined in any of the sections of the
27Penal Code set forth in this subdivision may be deleted at the
28request of the victim, or the victim’s parent or guardian if the
29victim is a minor, in making the report of the crime, or of any
30crime or incident accompanying the crime, available to the public
31in compliance with the requirements of this paragraph.

32(3) Subject to the restrictions of Section 841.5 of the Penal Code
33and this subdivision, the current address of every individual
34arrested by the agency and the current address of the victim of a
35crime, if the requester declares under penalty of perjury that the
36request is made for a scholarly, journalistic, political, or
37governmental purpose, or that the request is made for investigation
38purposes by a licensed private investigator as described in Chapter
3911.3 (commencing with Section 7512) of Division 3 of the Business
40and Professions Code. However, the address of the victim of any
P226  1crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
2265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
3273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
4Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
56 of Proposition 83 of the November 7, 2006, statewide general
6election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
7of the Penal Code shall remain confidential. Address information
8obtained pursuant to this paragraph shall not be used directly or
9indirectly, or furnished to another, to sell a product or service to
10any individual or group of individuals, and the requester shall
11execute a declaration to that effect under penalty of perjury. This
12paragraph shall not be construed to prohibit or limit a scholarly,
13journalistic, political, or government use of address information
14obtained pursuant to this paragraph.

15(g) Test questions, scoring keys, and other examination data
16used to administer a licensing examination, examination for
17employment, or academic examination, except as provided for in
18Chapter 3 (commencing with Section 99150) of Part 65 of Division
1914 of Title 3 of the Education Code.

20(h) The contents of real estate appraisals or engineering or
21feasibility estimates and evaluations made for or by the state or
22local agency relative to the acquisition of property, or to
23prospective public supply and construction contracts, until all of
24the property has been acquired or all of the contract agreement
25obtained. However, the law of eminent domain shall not be affected
26by this provision.

27(i) Information required from any taxpayer in connection with
28the collection of local taxes that is received in confidence and the
29disclosure of the information to other persons would result in unfair
30competitive disadvantage to the person supplying the information.

31(j) Library circulation records kept for the purpose of identifying
32the borrower of items available in libraries, and library and museum
33materials made or acquired and presented solely for reference or
34exhibition purposes. The exemption in this subdivision shall not
35 apply to records of fines imposed on the borrowers.

36(k) Records, the disclosure of which is exempted or prohibited
37pursuant to federal or state law, including, but not limited to,
38provisions of the Evidence Code relating to privilege.

39(l) Correspondence of and to the Governor or employees of the
40Governor’s office or in the custody of or maintained by the
P227  1Governor’s Legal Affairs Secretary. However, public records shall
2not be transferred to the custody of the Governor’s Legal Affairs
3Secretary to evade the disclosure provisions of this chapter.

4(m) In the custody of or maintained by the Legislative Counsel,
5except those records in the public database maintained by the
6Legislative Counsel that are described in Section 10248.

7(n) Statements of personal worth or personal financial data
8required by a licensing agency and filed by an applicant with the
9licensing agency to establish his or her personal qualification for
10the license, certificate, or permit applied for.

11(o) Financial data contained in applications for financing under
12Division 27 (commencing with Section 44500) of the Health and
13Safety Code, if an authorized officer of the California Pollution
14Control Financing Authority determines that disclosure of the
15financial data would be competitively injurious to the applicant
16and the data is required in order to obtain guarantees from the
17United States Small Business Administration. The California
18Pollution Control Financing Authority shall adopt rules for review
19of individual requests for confidentiality under this section and for
20making available to the public those portions of an application that
21are subject to disclosure under this chapter.

22(p) Records of state agencies related to activities governed by
23Chapter 10.3 (commencing with Section 3512), Chapter 10.5
24(commencing with Section 3525), and Chapter 12 (commencing
25with Section 3560) of Division 4, that reveal a state agency’s
26deliberative processes, impressions, evaluations, opinions,
27recommendations, meeting minutes, research, work products,
28theories, or strategy, or that provide instruction, advice, or training
29to employees who do not have full collective bargaining and
30representation rights under these chapters. This subdivision shall
31not be construed to limit the disclosure duties of a state agency
32with respect to any other records relating to the activities governed
33by the employee relations acts referred to in this subdivision.

34(q) (1) Records of state agencies related to activities governed
35by Article 2.6 (commencing with Section 14081), Article 2.8
36(commencing with Section 14087.5), and Article 2.91
37(commencing with Section 14089) of Chapter 7 of Part 3 of
38Division 9 of the Welfare and Institutions Code, that reveal the
39special negotiator’s deliberative processes, discussions,
40communications, or any other portion of the negotiations with
P228  1providers of health care services, impressions, opinions,
2recommendations, meeting minutes, research, work product,
3theories, or strategy, or that provide instruction, advice, or training
4to employees.

5(2) Except for the portion of a contract containing the rates of
6payment, contracts for inpatient services entered into pursuant to
7these articles, on or after April 1, 1984, shall be open to inspection
8one year after they are fully executed. If a contract for inpatient
9services that is entered into prior to April 1, 1984, is amended on
10or after April 1, 1984, the amendment, except for any portion
11containing the rates of payment, shall be open to inspection one
12year after it is fully executed. If the California Medical Assistance
13Commission enters into contracts with health care providers for
14other than inpatient hospital services, those contracts shall be open
15to inspection one year after they are fully executed.

16(3) Three years after a contract or amendment is open to
17inspection under this subdivision, the portion of the contract or
18amendment containing the rates of payment shall be open to
19inspection.

20(4) Notwithstanding any other law, the entire contract or
21amendment shall be open to inspection by the Joint Legislative
22Audit Committee and the Legislative Analyst’s Office. The
23committee and that office shall maintain the confidentiality of the
24contracts and amendments until the time a contract or amendment
25is fully open to inspection by the public.

26(r) Records of Native American graves, cemeteries, and sacred
27places and records of Native American places, features, and objects
28described in Sections 5097.9 and 5097.993 of the Public Resources
29Code maintained by, or in the possession of, the Native American
30Heritage Commission, another state agency, or a local agency.

31(s) A final accreditation report of the Joint Commission on
32Accreditation of Hospitals that has been transmitted to the State
33Department of Health Care Services pursuant to subdivision (b)
34of Section 1282 of the Health and Safety Code.

35(t) Records of a local hospital district, formed pursuant to
36Division 23 (commencing with Section 32000) of the Health and
37Safety Code, or the records of a municipal hospital, formed
38pursuant to Article 7 (commencing with Section 37600) or Article
398 (commencing with Section 37650) of Chapter 5 of Part 2 of
40Division 3 of Title 4 of this code, that relate to any contract with
P229  1an insurer or nonprofit hospital service plan for inpatient or
2outpatient services for alternative rates pursuant to Section 10133
3of the Insurance Code. However, the record shall be open to
4inspection within one year after the contract is fully executed.

5(u) (1) Information contained in applications for licenses to
6carry firearms issued pursuant to Section 26150, 26155, 26170,
7or 26215 of the Penal Code by the sheriff of a county or the chief
8or other head of a municipal police department that indicates when
9or where the applicant is vulnerable to attack or that concerns the
10applicant’s medical or psychological history or that of members
11of his or her family.

12(2) The home address and telephone number of prosecutors,
13public defenders, peace officers, judges, court commissioners, and
14magistrates that are set forth in applications for licenses to carry
15firearms issued pursuant to Section 26150, 26155, 26170, or 26215
16of the Penal Code by the sheriff of a county or the chief or other
17head of a municipal police department.

18(3) The home address and telephone number of prosecutors,
19public defenders, peace officers, judges, court commissioners, and
20magistrates that are set forth in licenses to carry firearms issued
21pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
22Code by the sheriff of a county or the chief or other head of a
23municipal police department.

24(v) (1) Records of the Managed Risk Medical Insurance Board
25and the State Department of Health Care Services related to
26activities governed by Part 6.3 (commencing with Section 12695),
27Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
28with Section 12739.5), or Part 6.7 (commencing with Section
2912739.70) of Division 2 of the Insurance Code, or Chapter 2
30(commencing with Section 15810) or Chapter 4 (commencing with
31Section 15870) of Part 3.3 of Division 9 of the Welfare and
32Institutions Code, and that reveal any of the following:

33(A) The deliberative processes, discussions, communications,
34or any other portion of the negotiations with entities contracting
35or seeking to contract with the board or the department, entities
36with which the board or the department is considering a contract,
37or entities with which the board or department is considering or
38enters into any other arrangement under which the board or the
39department provides, receives, or arranges services or
40reimbursement.

P230  1(B) The impressions, opinions, recommendations, meeting
2minutes, research, work product, theories, or strategy of the board
3or its staff or the department or its staff, or records that provide
4instructions, advice, or training to their employees.

5(2) (A) Except for the portion of a contract that contains the
6rates of payment, contracts entered into pursuant to Part 6.3
7(commencing with Section 12695), Part 6.5 (commencing with
8Section 12700), Part 6.6 (commencing with Section 12739.5), or
9Part 6.7 (commencing with Section 12739.70) of Division 2 of the
10Insurance Code, or Chapter 2 (commencing with Section 15810)
11or Chapter 4 (commencing with Section 15870) of Part 3.3 of
12Division 9 of the Welfare and Institutions Code, on or after July
131, 1991, shall be open to inspection one year after their effective
14dates.

15(B) If a contract that is entered into prior to July 1, 1991, is
16amended on or after July 1, 1991, the amendment, except for any
17portion containing the rates of payment, shall be open to inspection
18one year after the effective date of the amendment.

19(3) Three years after a contract or amendment is open to
20inspection pursuant to this subdivision, the portion of the contract
21or amendment containing the rates of payment shall be open to
22inspection.

23(4) Notwithstanding any other law, the entire contract or
24amendments to a contract shall be open to inspection by the Joint
25Legislative Audit Committee. The committee shall maintain the
26confidentiality of the contracts and amendments thereto, until the
27contracts or amendments to the contracts are open to inspection
28pursuant to paragraph (3).

29(w) (1) Records of the Managed Risk Medical Insurance Board
30related to activities governed by Chapter 8 (commencing with
31Section 10700) of Part 2 of Division 2 of the Insurance Code, and
32that reveal the deliberative processes, discussions, communications,
33or any other portion of the negotiations with health plans, or the
34impressions, opinions, recommendations, meeting minutes,
35research, work product, theories, or strategy of the board or its
36staff, or records that provide instructions, advice, or training to
37employees.

38(2) Except for the portion of a contract that contains the rates
39of payment, contracts for health coverage entered into pursuant to
40Chapter 8 (commencing with Section 10700) of Part 2 of Division
P231  12 of the Insurance Code, on or after January 1, 1993, shall be open
2to inspection one year after they have been fully executed.

3(3) Notwithstanding any other law, the entire contract or
4amendments to a contract shall be open to inspection by the Joint
5Legislative Audit Committee. The committee shall maintain the
6confidentiality of the contracts and amendments thereto, until the
7contracts or amendments to the contracts are open to inspection
8pursuant to paragraph (2).

9(x) Financial data contained in applications for registration, or
10registration renewal, as a service contractor filed with the Director
11of Consumer Affairs pursuant to Chapter 20 (commencing with
12Section 9800) of Division 3 of the Business and Professions Code,
13for the purpose of establishing the service contractor’s net worth,
14or financial data regarding the funded accounts held in escrow for
15service contracts held in force in this state by a service contractor.

16(y) (1) Records of the Managed Risk Medical Insurance Board
17and the State Department of Health Care Services related to
18activities governed by Part 6.2 (commencing with Section 12693)
19or Part 6.4 (commencing with Section 12699.50) of Division 2 of
20the Insurance Code or Sections 14005.26 and 14005.27 of, or
21Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
229 of, the Welfare and Institutions Code, if the records reveal any
23of the following:

24(A) The deliberative processes, discussions, communications,
25or any other portion of the negotiations with entities contracting
26or seeking to contract with the board or the department, entities
27with which the board or department is considering a contract, or
28entities with which the board or department is considering or enters
29into any other arrangement under which the board or department
30provides, receives, or arranges services or reimbursement.

31(B) The impressions, opinions, recommendations, meeting
32minutes, research, work product, theories, or strategy of the board
33or its staff, or the department or its staff, or records that provide
34instructions, advice, or training to employees.

35(2) (A) Except for the portion of a contract that contains the
36rates of payment, contracts entered into pursuant to Part 6.2
37(commencing with Section 12693) or Part 6.4 (commencing with
38Section 12699.50) of Division 2 of the Insurance Code, on or after
39January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
403 (commencing with Section 15850) of Part 3.3 of Division 9 of,
P232  1the Welfare and Institutions Code shall be open to inspection one
2year after their effective dates.

3(B) If a contract entered into pursuant to Part 6.2 (commencing
4with Section 12693) or Part 6.4 (commencing with Section
512699.50) of Division 2 of the Insurance Code or Sections
614005.26 and 14005.27 of, or Chapter 3 (commencing with Section
715850) of Part 3.3 of Division 9 of, the Welfare and Institutions
8Code, is amended, the amendment shall be open to inspection one
9year after the effective date of the amendment.

10(3) Three years after a contract or amendment is open to
11inspection pursuant to this subdivision, the portion of the contract
12or amendment containing the rates of payment shall be open to
13inspection.

14(4) Notwithstanding any other law, the entire contract or
15amendments to a contract shall be open to inspection by the Joint
16Legislative Audit Committee. The committee shall maintain the
17confidentiality of the contracts and amendments thereto until the
18contract or amendments to a contract are open to inspection
19pursuant to paragraph (2) or (3).

20(5) The exemption from disclosure provided pursuant to this
21subdivision for the contracts, deliberative processes, discussions,
22communications, negotiations, impressions, opinions,
23recommendations, meeting minutes, research, work product,
24theories, or strategy of the board or its staff, or the department or
25its staff, shall also apply to the contracts, deliberative processes,
26discussions, communications, negotiations, impressions, opinions,
27recommendations, meeting minutes, research, work product,
28theories, or strategy of applicants pursuant to Part 6.4 (commencing
29with Section 12699.50) of Division 2 of the Insurance Code or
30Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
319 of the Welfare and Institutions Code.

32(z) Records obtained pursuant to paragraph (2) of subdivision
33(f) of Section 2891.1 of the Public Utilities Code.

34(aa) A document prepared by or for a state or local agency that
35assesses its vulnerability to terrorist attack or other criminal acts
36intended to disrupt the public agency’s operations and that is for
37distribution or consideration in a closed session.

38(ab) Critical infrastructure information, as defined in Section
39131(3) of Title 6 of the United States Code, that is voluntarily
40submitted to the Office of Emergency Services for use by that
P233  1office, including the identity of the person who or entity that
2voluntarily submitted the information. As used in this subdivision,
3“voluntarily submitted” means submitted in the absence of the
4office exercising any legal authority to compel access to or
5submission of critical infrastructure information. This subdivision
6shall not affect the status of information in the possession of any
7other state or local governmental agency.

8(ac) All information provided to the Secretary of State by a
9person for the purpose of registration in the Advance Health Care
10Directive Registry, except that those records shall be released at
11the request of a health care provider, a public guardian, or the
12registrant’s legal representative.

13(ad) The following records of the State Compensation Insurance
14Fund:

15(1) Records related to claims pursuant to Chapter 1
16(commencing with Section 3200) of Division 4 of the Labor Code,
17to the extent that confidential medical information or other
18individually identifiable information would be disclosed.

19(2) Records related to the discussions, communications, or any
20other portion of the negotiations with entities contracting or seeking
21to contract with the fund, and any related deliberations.

22(3) Records related to the impressions, opinions,
23recommendations, meeting minutes of meetings or sessions that
24are lawfully closed to the public, research, work product, theories,
25or strategy of the fund or its staff, on the development of rates,
26contracting strategy, underwriting, or competitive strategy pursuant
27to the powers granted to the fund in Chapter 4 (commencing with
28Section 11770) of Part 3 of Division 2 of the Insurance Code.

29(4) Records obtained to provide workers’ compensation
30insurance under Chapter 4 (commencing with Section 11770) of
31Part 3 of Division 2 of the Insurance Code, including, but not
32limited to, any medical claims information, policyholder
33information provided that nothing in this paragraph shall be
34interpreted to prevent an insurance agent or broker from obtaining
35proprietary information or other information authorized by law to
36be obtained by the agent or broker, and information on rates,
37pricing, and claims handling received from brokers.

38(5) (A) Records that are trade secrets pursuant to Section
396276.44, or Article 11 (commencing with Section 1060) of Chapter
404 of Division 8 of the Evidence Code, including without limitation,
P234  1instructions, advice, or training provided by the State Compensation
2Insurance Fund to its board members, officers, and employees
3regarding the fund’s special investigation unit, internal audit unit,
4and informational security, marketing, rating, pricing, underwriting,
5claims handling, audits, and collections.

6(B) Notwithstanding subparagraph (A), the portions of records
7containing trade secrets shall be available for review by the Joint
8Legislative Audit Committee, the Bureau of State Audits, Division
9of Workers’ Compensation, and the Department of Insurance to
10ensure compliance with applicable law.

11(6) (A) Internal audits containing proprietary information and
12the following records that are related to an internal audit:

13(i) Personal papers and correspondence of any person providing
14assistance to the fund when that person has requested in writing
15that his or her papers and correspondence be kept private and
16confidential. Those papers and correspondence shall become public
17records if the written request is withdrawn, or upon order of the
18fund.

19(ii) Papers, correspondence, memoranda, or any substantive
20information pertaining to any audit not completed or an internal
21audit that contains proprietary information.

22(B) Notwithstanding subparagraph (A), the portions of records
23containing proprietary information, or any information specified
24in subparagraph (A) shall be available for review by the Joint
25Legislative Audit Committee, the Bureau of State Audits, Division
26of Workers’ Compensation, and the Department of Insurance to
27ensure compliance with applicable law.

28(7) (A) Except as provided in subparagraph (C), contracts
29entered into pursuant to Chapter 4 (commencing with Section
3011770) of Part 3 of Division 2 of the Insurance Code shall be open
31to inspection one year after the contract has been fully executed.

32(B) If a contract entered into pursuant to Chapter 4 (commencing
33with Section 11770) of Part 3 of Division 2 of the Insurance Code
34is amended, the amendment shall be open to inspection one year
35after the amendment has been fully executed.

36(C) Three years after a contract or amendment is open to
37inspection pursuant to this subdivision, the portion of the contract
38or amendment containing the rates of payment shall be open to
39inspection.

P235  1(D) Notwithstanding any other law, the entire contract or
2amendments to a contract shall be open to inspection by the Joint
3 Legislative Audit Committee. The committee shall maintain the
4confidentiality of the contracts and amendments thereto until the
5contract or amendments to a contract are open to inspection
6pursuant to this paragraph.

7(E) This paragraph is not intended to apply to documents related
8to contracts with public entities that are not otherwise expressly
9confidential as to that public entity.

10(F) For purposes of this paragraph, “fully executed” means the
11point in time when all of the necessary parties to the contract have
12signed the contract.

13This section does not prevent any agency from opening its
14records concerning the administration of the agency to public
15inspection, unless disclosure is otherwise prohibited by law.

16This section does not prevent any health facility from disclosing
17to a certified bargaining agent relevant financing information
18pursuant to Section 8 of the National Labor Relations Act (29
19U.S.C. Sec. 158).

20

begin deleteSEC. 185.end delete
21begin insertSEC. 184.end insert  

Section 6276.22 of the Government Code is amended
22to read:

23

6276.22.  

Gambling Control Act, exemption from disclosure
24for records of the California Gambling Control Commission and
25the Department of Justice, Sections 19819 and 19821, Business
26and Professions Code.

27Genetically Handicapped Persons Program, confidentiality of
28factor replacement therapy contracts, Section 125191, Health and
29Safety Code.

30Governor, correspondence of and to Governor and Governor’s
31office, subdivision (l), Section 6254.

32Governor, transfer of public records in control of, restrictions
33on public access, Section 6268.

34Grand jury, confidentiality of request for special counsel, Section
35936.7, Penal Code.

36Grand jury, confidentiality of transcription of indictment or
37accusation, Section 938.1, Penal Code.

38Group Insurance, public employees, Section 53202.25.

39Guardianship, confidentiality of report regarding the suitability
40of the proposed guardian, Section 1543, Probate Code.

P236  1Guardianship, disclosure of report and recommendation
2concerning proposed guardianship of person or estate, Section
31513, Probate Code.

4

begin deleteSEC. 186.end delete
5begin insertSEC. 185.end insert  

Section 6700 of the Government Code is amended
6to read:

7

6700.  

(a) The holidays in this state are:

8(1) Every Sunday.

9(2) January 1st.

10(3) The third Monday in January, known as “Dr. Martin Luther
11King, Jr. Day.”

12(4) February 12th, known as “Lincoln Day.”

13(5) The third Monday in February.

14(6) March 31st, known as “Cesar Chavez Day.”

15(7) The last Monday in May.

16(8) July 4th.

17(9) The first Monday in September.

18(10) September 9th, known as “Admission Day.”

19(11) The fourth Friday in September, known as “Native
20American Day.”

21(12) The second Monday in October, known as “Columbus
22Day.”

23(13) November 11th, known as “Veterans Day.”

24(14) December 25th.

25(15) Good Friday from 12 noon until 3 p.m.

26(16) (A) Every day appointed by the President or Governor for
27a public fast, thanksgiving, or holiday.

28(B) Except for the Thursday in November appointed as
29Thanksgiving Day, this paragraph and paragraphs (3) and (6) shall
30not apply to a city, county, or district unless made applicable by
31charter, or by ordinance or resolution of the governing body
32thereof.

33(b) If the provisions of this section are in conflict with the
34provisions of a memorandum of understanding reached pursuant
35to Chapter 12 (commencing with Section 3560) of Division 4 of
36Title 1, the memorandum of understanding shall be controlling
37without further legislative action, except that if those provisions
38of a memorandum of understanding require the expenditure of
39funds, the provisions shall not become effective unless approved
40by the Legislature in the annual Budget Act.

P237  1

begin deleteSEC. 187.end delete
2begin insertSEC. 186.end insert  

The heading of Article 8.5 (commencing with
3Section 8601) of Chapter 7 of Division 1 of Title 2 of the 4Government Code is repealed.

5

begin deleteSEC. 188.end delete
6begin insertSEC. 187.end insert  

Section 8753.6 of the Government Code is amended
7to read:

8

8753.6.  

(a) The California Arts Council Contribution and
9Donations Fund is hereby created in the State Treasury to receive
10funds pursuant to subdivision (m) of Section 8753. Notwithstanding
11Section 13340, the moneys in the fund are continuously
12appropriated, without regard to fiscal years, to the Arts Council
13for the purposes of this chapter.

14(b) Any moneys in the Art Council Donations Account in the
15Special Deposit Fund shall be transferred to the California Arts
16Council Contribution and Donations Fund.

17

begin deleteSEC. 189.end delete
18begin insertSEC. 188.end insert  

Section 11146.2 of the Government Code is amended
19to read:

20

11146.2.  

Each state agency shall maintain records indicating
21the specific attendees, each attendee’s job title, and dates of their
22attendance for each orientation course offered pursuant to Section
2311146.1 for a period of not less than five years after each course
24is given. These records shall be public records subject to inspection
25and copying consistent with Section 81008 and otherwise subject
26to the California Public Records Act (Chapter 3.5 (commencing
27with Section 6250) of Division 7 of Title 1).

28

begin deleteSEC. 190.end delete
29begin insertSEC. 189.end insert  

The heading of Article 8 (commencing with Section
3011350) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the 31Government Code, as added by Chapter 567 of the Statutes of
321979, is repealed.

33

begin deleteSEC. 191.end delete
34begin insertSEC. 190.end insert  

The heading of Article 1 (commencing with Section
3511370) of Chapter 4 of Part 1 of Division 3 of Title 2 of the 36Government Code, as added by Chapter 1425 of the Statutes of
371947, is repealed.

38

begin deleteSEC. 192.end delete
39begin insertSEC. 191.end insert  

The heading of Article 6 (commencing with Section
4012099) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the P238  1Government Code, as added by Section 1 of Chapter 530 of the
2Statutes of 2013, is amended and renumbered to read:

3 

4Article 6.2.  California Innovation Initiatives
5

 

6

begin deleteSEC. 193.end delete
7begin insertSEC. 192.end insert  

Section 12804 of the Government Code, as amended
8by Section 27 of Chapter 46 of the Statutes of 2012, is repealed.

9

begin deleteSEC. 194.end delete
10begin insertSEC. 193.end insert  

Section 13312 of the Government Code is repealed.

11

begin deleteSEC. 195.end delete
12begin insertSEC. 194.end insert  

Section 13956 of the Government Code is amended
13to read:

14

13956.  

Notwithstanding Section 13955, a person is not eligible
15for compensation under the following conditions:

16(a) An application shall be denied if the board finds that the
17victim or, if compensation is sought by or on behalf of a derivative
18victim, either the victim or derivative victim, knowingly and
19willingly participated in the commission of the crime that resulted
20in the pecuniary loss for which compensation is being sought
21pursuant to this chapter. However, this subdivision does not apply
22if the injury or death occurred as a direct result of a crime
23committed in violation of Section 261, 262, or 273.5 of, or a crime
24of unlawful sexual intercourse with a minor committed in violation
25of subdivision (d) of Section 261.5 of, the Penal Code.

26(b) (1) An application shall be denied if the board finds that
27the victim or, if compensation is sought by, or on behalf of, a
28derivative victim, either the victim or derivative victim failed to
29cooperate reasonably with a law enforcement agency in the
30apprehension and conviction of a criminal committing the crime.
31However, in determining whether cooperation has been reasonable,
32the board shall consider the victim’s or derivative victim’s age,
33physical condition, and psychological state, cultural or linguistic
34barriers, any compelling health and safety concerns, including, but
35not limited to, a reasonable fear of retaliation or harm that would
36jeopardize the well-being of the victim or the victim’s family or
37the derivative victim or the derivative victim’s family, and giving
38due consideration to the degree of cooperation of which the victim
39or derivative victim is capable in light of the presence of any of
40these factors.

P239  1(2) An application for a claim based on domestic violence shall
2not be denied solely because no police report was made by the
3victim. The board shall adopt guidelines that allow the board to
4consider and approve applications for assistance based on domestic
5violence relying upon evidence other than a police report to
6establish that a domestic violence crime has occurred. Factors
7evidencing that a domestic violence crime has occurred may
8include, but are not limited to, medical records documenting
9injuries consistent with allegations of domestic violence, mental
10health records, or the fact that the victim has obtained a temporary
11or permanent restraining order, or all of these.

12(3) An application for a claim based on human trafficking as
13defined in Section 236.1 of the Penal Code shall not be denied
14solely because a police report was not made by the victim. The
15board shall adopt guidelines that allow the board to consider and
16approve applications for assistance based on human trafficking
17relying upon evidence other than a police report to establish that
18a human trafficking crime as defined in Section 236.1 of the Penal
19Code has occurred. That evidence may include any reliable
20corroborating information approved by the board, including, but
21not limited to, the following:

22(A) A Law Enforcement Agency Endorsement issued pursuant
23to Section 236.2 of the Penal Code.

24(B) A human trafficking caseworker as identified in Section
251038.2 of the Evidence Code, has attested by affidavit that the
26individual was a victim of human trafficking.

27(4) (A) An application for a claim by a military personnel victim
28based on a sexual assault by another military personnel shall not
29be denied solely because it was not reported to a superior officer
30or law enforcement at the time of the crime.

31(B) Factors that the board shall consider for purposes of
32determining if a claim qualifies for compensation include, but are
33not limited to, evidence of the following:

34(i) Restricted or unrestricted reports to a military victim
35advocate, sexual assault response coordinator, chaplain, attorney,
36or other military personnel.

37(ii) Medical or physical evidence consistent with sexual assault.

38(iii) A written or oral report from military law enforcement or
39a civilian law enforcement agency concluding that a sexual assault
40crime was committed against the victim.

P240  1(iv) A letter or other written statement from a sexual assault
2counselor, as defined in Section 1035.2 of the Evidence Code,
3licensed therapist, or mental health counselor, stating that the
4victim is seeking services related to the allegation of sexual assault.

5(v) A credible witness to whom the victim disclosed the details
6that a sexual assault crime occurred.

7(vi) A restraining order from a military or civilian court against
8the perpetrator of the sexual assault.

9(vii) Other behavior by the victim consistent with sexual assault.

10(C) For purposes of this subdivision, the sexual assault at issue
11shall have occurred during military service, including deployment.

12(D) For purposes of this subdivision, the sexual assault may
13have been committed offbase.

14(E) For purposes of this subdivision, a “perpetrator” means an
15individual who is any of the following at the time of the sexual
16assault:

17(i) An active duty military personnel from the United States
18Army, Navy, Marine Corps, Air Force, or Coast Guard.

19(ii) A civilian employee of any military branch specified in
20clause (i), military base, or military deployment.

21(iii) A contractor or agent of a private military or private security
22company.

23(iv) A member of the California National Guard.

24(F) For purposes of this subdivision, “sexual assault” means an
25offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
26the Penal Code, as of the date the act that added this paragraph
27was enacted.

28(c) An application for compensation may be denied, in whole
29or in part, if the board finds that denial is appropriate because of
30the nature of the victim’s or other applicant’s involvement in the
31events leading to the crime or the involvement of the persons whose
32injury or death gives rise to the application. In the case of a minor,
33the board shall consider the minor’s age, physical condition, and
34psychological state, as well as any compelling health and safety
35concerns, in determining whether the minor’s application should
36be denied pursuant to this section. The application of a derivative
37victim of domestic violence under the age of 18 years of age or a
38derivative victim of trafficking under 18 years of age may not be
39denied on the basis of the denial of the victim’s application under
40this subdivision.

P241  1(d) (1) Notwithstanding Section 13955, no person who is
2convicted of a felony may be granted compensation until that
3person has been discharged from probation or has been released
4from a correctional institution and has been discharged from parole,
5if any. In no case shall compensation be granted to an applicant
6pursuant to this chapter during any period of time the applicant is
7held in a correctional institution.

8(2) A person who has been convicted of a felony may apply for
9compensation pursuant to this chapter at any time, but the award
10of that compensation may not be considered until the applicant
11meets the requirements for compensation set forth in paragraph
12(1).

13(3) Applications of victims who are not felons shall receive
14priority in the award of compensation over an application submitted
15by a felon who has met the requirements for compensation set
16forth in paragraph (1).

17

begin deleteSEC. 196.end delete
18begin insertSEC. 195.end insert  

The heading of Article 7 (commencing with Section
1913968) of Chapter 5 of Part 4 of Division 3 of Title 2 of the 20Government Code is repealed.

21

begin deleteSEC. 197.end delete
22begin insertSEC. 196.end insert  

Section 13994 of the Government Code is amended
23and renumbered to read:

24

13998.  

Unless the context otherwise requires, the definitions
25in this section govern the construction of this chapter.

26(a) “Agency” means the Business, Transportation and Housing
27Agency.

28(b) “California-based foundation” means an organization defined
29in the Internal Revenue Code as a private foundation, which is
30incorporated in, and primarily conducts its activities within, the
31state and receives funding in whole or in substantial part from
32California-based companies.

33(c) “Collaborative research” means technological or scientific
34research that accelerates existing research toward the
35commercialization of products, processes, and services, and is
36conducted jointly or funded jointly by some or all of the following:

37(1) The private sector, including intraindustry groups,
38California-based private foundations, industry associations, and
39nonprofit cooperative associations.

40(2) The federal government.

P242  1(3) The state.

2(4) Public or private universities, colleges, and laboratories.

3(d) “Consortia” means jointly funded or jointly operated
4nonprofit independent research and development organizations.
5“Consortia development” means the establishment of consortia to
6manage and fund a variety of technology transfer projects within
7a specific technology or industry priority.

8(e) “Industry association” is a nonprofit organization with a
9substantial presence in California whose membership consists in
10whole or in part of California-based companies, and whose funding
11is derived in whole or in part from California-based companies.

12(f) “Information technology” includes, but is not limited to, all
13electronic technology systems and services, automated information
14handling, system design and analysis, conversion of data, computer
15programming, information storage and retrieval,
16telecommunications that include voice, video, and data
17communications, requisite system controls, simulation, electronic
18commerce, and all related interactions between people and
19machines.

20(g) “Nonprofit cooperative association” means an association,
21organized and operating pursuant to either Chapter 1 (commencing
22with Section 54001) of Division 20 of the Food and Agricultural
23Code or Part 2 (commencing with Section 12200) of Division 3
24of Title 1 of the Corporations Code.

25(h) “Technology” includes, but is not limited to, the application
26of science and engineering to research and development, especially
27for industrial or commercial objectives, in sectors that include
28telecommunications, information technologies, electronics,
29biochemistry, medicine, agriculture, transportation, space, and
30aerospace.

31(i) “Technology transfer” means the movement of the results
32of basic or applied technological or scientific research to the design,
33development, and production of new or improved products,
34services, or processes.

35

begin deleteSEC. 198.end delete
36begin insertSEC. 197.end insert  

Section 13994.1 of the Government Code is amended
37and renumbered to read:

38

13998.1.  

(a) (1) There is within the agency the Regional
39Technology Alliance Program. The intent of the regional
40technology alliances is to decentralize the delivery of services and
P243  1resources, programs and activities for technology development,
2commercialization, application, and competitiveness at a regional
3level.

4(2) The agency may designate new regional technology alliances
5upon application to carry out activities described in this section.

6(3) The agency may establish criteria for designation that
7includes, but need not be limited to, criteria previously established
8by the Defense Conversion Council pursuant to Article 3.7
9(commencing with Section 15346) of Chapter 1, as it read on
10December 31, 1998.

11(b) Each alliance shall perform the following activities:

12(1) Raise and leverage funds from multiple public and private
13sources to support technology development, commercialization,
14and application and industry competitiveness particularly in
15response to defense industry conversion and diversification.

16(2) Assist in the formation of new businesses.

17(3) Maintain an electronic network and access to databases that
18encourages business ventures.

19(4) Coordinate with activities and efforts of industry, academia,
20federal laboratories, and governments.

21(5) Recommend administrative actions or programs that could
22assist California’s defense-dependent industries to successfully
23convert to commercial markets.

24(6) Provide information about state and federal defense
25conversion programs, including, but not limited to, job training,
26economic development, industrial modernization, dual-use
27technology, new management techniques, and technology
28development and transfer.

29(7) Identify emerging industries that may include commercial
30space applications, transportation, environment, high performance
31computing and communications, biotechnology and advanced
32materials, and processing and critical existing industries.

33(c) Each alliance may also perform, but need not be limited to,
34the following activities:

35(1) Assist in identifying businesses that could benefit from
36defense conversion programs and defense-dislocated workers who
37require employment and training opportunities.

38(2) Assist and provide coordination in determining job
39opportunities within and outside of the defense industry for which
40displaced workers could be retrained and placed.

P244  1(3) Serve as a forum for industrywide networking linking
2producers, suppliers, and consumers.

3(4) Assist individual businesses and industry consortia in
4applying for state and federal defense conversion program funds.

5(5) Provide information and assistance in upgrading individual
6businesses and industrywide production and management
7processes.

8(6) Provide information on available state and federal resources
9to aid businesses and workers affected by defense spending
10reductions, base closures, plant closures, and layoffs, to foster
11long-term economic vitality, industrial growth, and job
12opportunities.

13(d) Each alliance is encouraged to develop activities that achieve
14the following results:

15(1) Creation and retention of jobs.

16(2) Creation of new businesses.

17(3) Development of new commercial or dual-use products.

18(4) Establishment of industry partnerships and consortia.

19(5) Demonstration of productivity enhancement such as return
20on investment, reduced cost, employee training, and upgrades.

21(6) Establishment of public and private partnerships.

22(7) Commitment of industry support, participation, and capital.

23(8) Leverage of state funds.

24(9) Loan repayment ratio.

25(10) Participation of small businesses and minority-, women-,
26and disabled veteran-owned businesses.

27(11) Workforce training.

28(e) The agency shall be authorized to enter into a contract for
29services with any alliance to provide services to the office. These
30contracts shall be sole source contracts, and exempt from the
31competitive bid process.

32(f) During the first two years following selection of an alliance,
33the alliance shall monitor the performance of any application
34funded pursuant to Section 13998.2, and each invoice for payment
35shall be reviewed and approved by the alliance, but the contract
36for services shall be directly between the agency and the entity
37receiving grant funding. Commencing with the third year of
38designation, any alliance with procedures and processes approved
39by the agency shall be authorized to directly contract with grant
40recipients. The agency shall audit these grants on a regular basis.

P245  1

begin deleteSEC. 199.end delete
2begin insertSEC. 198.end insert  

Section 13994.2 of the Government Code is amended
3and renumbered to read:

4

13998.2.  

(a) There is within the agency the Challenge Grant
5Program, consisting of technology transfer grants and defense
6industry conversion and diversification grants. Challenge grant
7projects funded shall include, but not be limited to, the following:
8defense industry conversion and diversification, access to ongoing
9research and research findings, exchange or transfer of personnel
10and research support services, including capital outlay, consortia
11development, and collaborative research.

12(b) All funds appropriated or received by the Challenge Grant
13Program shall administratively be divided into either the
14Technology Transfer Grant Program or the Defense Industry
15Conversion and Diversification Program. Funding awards for the
16 Technology Transfer Grant Program shall be made pursuant to the
17requirements set forth in Sections 13998.3 and 13998.6.

18(c) The agency shall award grants based upon a competitive
19application process addressing the project’s eligibility and ability
20to fulfill the goals of the program.

21(d) The agency shall report on this program to the Governor
22and the Legislature.

23

begin deleteSEC. 200.end delete
24begin insertSEC. 199.end insert  

Section 13994.3 of the Government Code is amended
25and renumbered to read:

26

13998.3.  

(a) An eligible technology transfer or defense industry
27conversion and diversification project shall, at least, do all of the
28following:

29(1) Identify the sources of funding for the entire project.

30(2) Not supplant other funding.

31(3) Demonstrate that a significant portion of the project will be
32undertaken in California.

33(b) In addition to the requirements contained in subdivision (a),
34a defense industry conversion and diversification project shall not
35receive more than 25 percent of the total project costs requested
36in the proposal.

37(c) In addition to the requirements contained in subdivision (a),
38a technology transfer project shall:

39(1) Represent a technology or industry, or both, targeted in the
40application.

P246  1(2) Include a significant amount of matching contributions from
2either of the following:

3(A) A private sector company or companies.

4(B) A California-based foundation or foundations, an industry
5association or associations, or a nonprofit cooperative association
6or associations.

7(3) Include either of the following:

8(A) A private sector company or companies that have significant
9operations in the state.

10(B) A California-based foundation or foundations, an industry
11association or associations, or a nonprofit cooperative association
12or associations.

13

begin deleteSEC. 201.end delete
14begin insertSEC. 200.end insert  

Section 13994.4 of the Government Code is amended
15and renumbered to read:

16

13998.4.  

The technology transfer grantee shall not incur
17expenses to be paid with grant funds without evidence of a
18workable agreement between the parties participating in the project
19that includes at least both of the following:

20(a) A resolution of the intellectual property rights relative to the
21project.

22(b) A direct and ongoing involvement of the public and private
23sectors, when applicable in the project.

24

begin deleteSEC. 202.end delete
25begin insertSEC. 201.end insert  

Section 13994.5 of the Government Code is amended
26and renumbered to read:

27

13998.5.  

(a) In awarding technology transfer grants, the agency
28shall consider the following:

29(1) The likelihood of commercialization of a product, service,
30or process.

31(2) The potential impact on the state’s economy.

32(3) The cost-effectiveness of the project.

33(4) The importance of state funding for the viability of the
34project.

35(5) Cost sharing by other participants.

36(6) The involvement of small businesses and minority-, disabled
37veteran-, and women-owned businesses.

38(7) Projects that will result in a prototype by the end of the grant
39period.

P247  1(8) Other criteria that the agency determines are consistent with
2the purposes of the program.

3(b) The agency shall target industries and technologies with a
4potential for enhancing the California economy, and shall fund
5projects within those industries and utilizing those technologies.

6

begin deleteSEC. 203.end delete
7begin insertSEC. 202.end insert  

Section 13994.6 of the Government Code is amended
8and renumbered to read: