Amended in Senate March 16, 2016

Senate Bill No. 1005

Introduced by Senator Jackson

(Coauthor: Senator Leno)

February 10, 2016

An act to amend Section 17537.1 begin delete of end delete begin insert of, and to add Section 14.2 to, end insert the Business and Professions Code, to amend Sections begin insert 14, end insert 50, 51.3, 51.11, 682, 682.1, 683, 1099, 1569, and 3390 of the Civil Code, to amend Sections begin insert 17, end insert 116.540, 371, 703.140, and 704.930 of the Code of Civil Procedure, begin insert to amend Section 1201 of the Commercial Code, end insert to amend Sections 158, 704, 5612, 7612, 12482, 25102, and 25206 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Corporations Code, to amend Sections 21100, 24803, and 68062 begin delete of end delete begin insert of, and to add Section 73.2 to, end insert the Education Code, begin insert to add Section 356.5 to the Elections Code, end insert to amend Sections 917 and 980 begin delete of end delete begin insert of, and to add Section 215 to, end insert the Evidence Code, begin insert to add Section 143 to the Family Code, end insert to amend Sections 14860, 18220, 18523, and 22327 begin delete of end delete begin insert of, and to add Section 11.2 to, end insert the Financial Code, to amend Section 8552.3 begin delete of end delete begin insert of, and to add Section 9.2 to, end insert the Fish and Game Code, begin insert to add Section 36 to the Food and Agricultural Code, end insert to amend Sections 9359.9, 9374, 21571, 21572, and 21573 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Government Code, begin insert to add Section 12.2 to the Harbors and Navigation Code, end insert to amend Sections 1373.5, 18080, 25299.54, and 32501 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Health and Safety Code, to amend Sections 10112, 10121.5, 10320, 10493, and 10494.6 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Insurance Code, to amend Section 3503 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Labor Code, begin insert to add Section 19 to the Military and Veterans Code, end insert to amend Sections begin insert 7, end insert 152.3, 197, 270e, 273.5, 281, 282, 284, 534, 4002, and 13700 of the Penal Code, to amend Sections 59, 78, 100, 101, 103, 2407, 5040, 5042, 5203, 6122, 6227, 6240, 13500, and 13600 begin delete of end delete begin insert of, and to add Section 72 to, end insert the Probate Code, begin insert to amend Section end insert begin insert 10430 of the Public Contract Code, to add Section 12.2 to the Public Resources Code, to add Section 12.2 to the Public Utilities Code, end insert to amend Sections 17021, 17039, 17045, 17053.5, 17054, 17077, 17555, 18501, 18522, 18530, 18531.5, 18532, 19006, 19035, 19107, 19110, 19701.5, and 20542 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Revenue and Taxation Code, to amend Section 2804 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Streets and Highways Code, to amend Section 13003 begin delete of end delete begin insert of, and to add Section 11.2 to, end insert the Unemployment Insurance Code, begin insert to add Section 12.2 to the Vehicle Code, to add Section 12.2 to the Water Code, end insert and to amend Sections 742.16, 7275, 12003, 14140, and 18291 begin delete of end delete begin insert of, and to add Section 12.2 to, end insert the Welfare and Institutions Code, relating to marriage.

LEGISLATIVE COUNSEL’S DIGEST

SB 1005, as amended, Jackson. Marriage.

Under existing law, a reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case. begin insert Under existing law, registered domestic partners have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses. Existing law requires, where necessary to implement the rights of registered domestic partners, gender-specific terms referring to spouses to be construed to include domestic partners. end insert

The bill would replace references to a “husband” or “wife” with references to a “spouse,” begin insert would define “spouse” as including “domestic partner,” end insert and would make other conforming and related changes.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 14.2 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 14.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 17537.1 of the Business and Professions Code
is amended to read:

17537.1.  

(a) It is unlawful for any person, or an employee,
agent, or independent contractor employed or authorized by that
person, by any means, as part of an advertising plan or program,
to offer any incentive as an inducement to the recipient to visit a
location, attend a sales presentation, or contact a sales agent in
person, by telephone, or by mail, unless the offer clearly and
conspicuously discloses in writing, in readily understandable
language, all of the information required in paragraphs (1) and (2).
If the offer is not initially made in writing, the required disclosures
shall be received by the recipient in writing prior to any scheduled
visit to a location, sales presentation, or contact with a sales agent.
For purposes of this section, the term “incentive” means any item
or service of value, including, but not limited to, any prize, gift,
money, or other tangible property.

(1) The following disclosures shall appear on the front (or first)
page of the offer:

(A) The name and street address of the owner of the real or
personal property or the provider of the services which are the
subject of the visit, sales presentation, or contact with a sales agent.
If the offer is made by an agent or independent contractor employed
or authorized by the owner or provider, or is made under a name
other than the true name of the owner or provider, the name of the
owner or provider shall be more prominently and conspicuously
displayed than the name of the agent, independent contractor, or
other name.

(B) A general description of the business of the owner or
provider identified pursuant to subparagraph (A), and the purpose
of any requested visit, sales presentation, or contact with a sales
agent, which shall include a general description of the real or
personal property or services which are the subject of the sales
presentation and a clear statement, if applicable, that there will be
a sales presentation and the approximate duration of the visit and
sales presentation.

(C) If the recipient is not assured of receiving any particular
incentive, a statement of the odds of receiving each incentive
offered or, in the alternative, a clear statement describing the
location in the offer where the odds can be found. The odds shall
be stated in whole Arabic numbers in a format such as: “1 chance
in 100,000” or “1:100,000.” The odds and, where applicable, the
alternative statement describing their location, shall be printed in
a type size that is at least equal to that used for the standard text
on the front (or first) page of the offer.

(D) A clear statement, if applicable, that the offer is subject to
specific restrictions, qualifications, and conditions and a statement
describing the location in the offer where the restrictions,
qualifications, and conditions may be found. Both statements shall
be printed in a type size that is at least equal to that used for the
standard text on the front (or first) page of the offer.

(2) The following disclosures shall appear in the offer, but need
not appear on the front (or first) page of the offer:

(A) Unless the odds are disclosed on the front (or first) page of
the offer, a statement of the odds of receiving each incentive
offered, printed in the size and format set forth in subparagraph
(C) of paragraph (1).

(B) All restrictions, qualifications, and other conditions which
must be satisfied before the recipient is entitled to receive the
incentive, including but not limited to:

(i) Any deadline by which the recipient must visit the location,
attend the sales presentation, or contact the sales agent in order to
receive an incentive.

(ii) Any other conditions, such as a minimum age qualification,
a financial qualification, or a requirement that if the recipient is
begin delete married end delete begin insert married, end insert both begin delete spouses end delete begin insert spouses, or if the recipient is part
of a registered domestic partnership, both domestic partners, end insert must
be present in order to receive the incentive. Any financial
qualifications shall be stated with a specificity sufficient to enable
the recipient to reasonably determine his or her eligibility.

(C) A statement that the owner or provider identified pursuant
to subparagraph (A) of paragraph (1) reserves the right to provide
a raincheck, or a substitute or like incentive, if those rights are
reserved.

(D) A statement that a recipient who receives an offered
incentive may request and will receive evidence showing that the
incentive provided matches the incentive randomly or otherwise
selected for distribution to that recipient.

(E) All other rules, terms, and conditions of the offer, plan, or
program.

(b) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to offer any incentive when
the person knows or has reason to know that the offered item will
not be available in a sufficient quantity based upon the reasonably
anticipated response to the offer.

(c) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to fail to provide any
offered incentive which any recipient who has responded to the
offer in the manner specified therein, who has performed the
requirements disclosed therein, and who has met the qualifications
described therein, is entitled to receive, unless the offered incentive
is not reasonably available and the offer discloses the reservation
of a right to provide a raincheck, or a like or substitute incentive,
if the offered incentive is unavailable.

(d) If the person making an offer subject to subdivision (a) is
unable to provide an offered incentive because of limitations of
supply, quantity, or quality that were not reasonably foreseeable
or controllable by the person making the offer, the person making
the offer shall inform the recipient of the recipient’s right to receive
a raincheck for the incentive offered, unless the person making
the offer knows or has reasonable basis for knowing that the
incentive will not be reasonably available and shall inform the
recipient of the recipient’s right to at least one of the following
additional options:

(1) The person making the offer will provide a like incentive
of equivalent or greater retail value or a raincheck therefor.

(2) The person making the offer will provide a substitute
incentive of equivalent or greater retail value.

(3) The person making the offer will provide a raincheck for
the like or substitute incentive.

(e) If a raincheck is provided, the person making an offer subject
to subdivision (a) shall, within a reasonable time, and in no event
later than 80 days, deliver the agreed incentive to the recipient’s
address without additional cost or obligation to the recipient, unless
the incentive for which the raincheck is provided remains
unavailable because of limitations of supply, quantity, or quality
not reasonably foreseeable or controllable by the person making
the offer. In that case, the person making the offer shall, not later
than 30 days after the expiration of the 80 days, deliver a like
incentive of equal or greater retail value or, if an incentive is not
reasonably available to the person making the offer, a substitute
incentive of equal or greater retail value.

(f) Upon the request of a recipient who has received or claims
a right to receive any offered incentive, the person making an offer
subject to subdivision (a) shall furnish to the person sufficient
evidence showing that the incentive provided matches the incentive
randomly or otherwise selected for distribution to that recipient.

(g) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to:

(1) Use any printing styles, graphics, layouts, text, colors, or
formats on envelopes or on the offer that imply, create an
appearance, or would lead a reasonable person to believe, that the
offer originates from or is issued by or on behalf of a government
or public agency, public utility, public organization, insurance
company, credit reporting agency, bill collecting company, or law
firm, unless the same is true.

(2) Misrepresent the size, quantity, identity, value, or qualities
of any incentive.

(3) Misrepresent in any manner the odds of receiving any
particular incentive.

(4) Represent directly or by implication that the number of
participants has been significantly limited or that any person has
been selected to receive a particular incentive unless that is the
fact.

(5) Label any offer a notice of termination or notice of
cancellation.

(6) Misrepresent, in any manner, the offer, plan, or program or
the affiliation, connection, association, or contractual relationship
between the person making the offer and the owner or provider,
if they are not the same.

(h) If the major incentives are awarded or given at random, by
the assignment of a number to the incentives, that number shall
be actually assigned by the party contractually responsible for
doing so. The person making an offer subject to subdivision (a)
hereof, or the agent, employee, or independent contractor employed
or authorized by that person, if any, shall maintain, for a period of
one year after the date the offer is made, the records that show that
the winning numbers or opportunity to receive the major incentives
have been deposited in the mail or otherwise made available to
recipients in accordance with the odds statement provided pursuant
to subparagraph (C) of paragraph (1) of subdivision (a) hereof.
The records shall be made available to the Attorney General within
30 days after written request therefor. Postal receipt records,
affidavits of mailing, or a list of winners or recipients of the major
incentives shall be deemed to satisfy the requirements of this
section.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 14 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

14.  

begin insert (a) end insert begin insert   end insert Words used in this code in the present tense include
the future as well as the present; words used in the masculine
gender include the feminine and neuter; the singular number
includes the plural, and the plural the singular; the word person
includes a corporation as well as a natural person; county includes
city and county; writing includes printing and typewriting; oath
includes affirmation or declaration; and every mode of oral
statement, under oath or affirmation, is embraced by the term
“testify,” and every written one in the term “depose”; signature or
subscription includes mark, when the person cannot write, his
name being written near it, by a person who writes his own name
as a witness; provided, that when a signature is by mark it must in
order that the same may be acknowledged or may serve as the
signature to any sworn statement be witnessed by two persons who
must subscribe their own names as witnesses thereto. begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert following words have in this code the signification
attached to them in this section, unless otherwise apparent from
the context:

begin delete

1.

end delete

begin insert (1) end insert  The word “property” includes property real and begin delete personal; end delete
begin insert personal. end insert

begin delete

2.

end delete

begin insert (2) end insert  The words “real property” are coextensive with lands,
tenements, and begin delete hereditaments; end delete begin insert hereditaments. end insert

begin delete

3.

end delete

begin insert (3) end insert  The words “personal property” include money, goods,
chattels, things in action, and evidences of begin delete debt; end delete begin insert debt. end insert

begin delete

4.

end delete

begin insert (4) end insert  The word “month” means a calendar month, unless otherwise
begin delete expressed; end delete begin insert expressed. end insert

begin delete

5.

end delete

begin insert (5) end insert  The word “will” includes begin delete codicil; end delete begin insert codicil. end insert

begin delete

6.

end delete

begin insert (6) end insert  The word “section” whenever hereinafter employed refers
to a section of this code, unless some other code or statute is
expressly mentioned.

begin insert

(7) The word “spouse” includes a domestic partner, as
described in Section 297 of the Family Code.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 50 of the Civil Code is amended to read:

50.  

Any necessary force may be used to protect from wrongful
injury the person or property of oneself, or of a spouse, begin insert domestic
partner, end insert child, parent, or other relative, or member of one’s family,
or of a ward, servant, master, or guest.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 51.3 of the Civil Code is amended to read:

51.3.  

(a) The Legislature finds and declares that this section
is essential to establish and preserve specially designed accessible
housing for senior citizens. There are senior citizens who need
special living environments and services, and find that there is an
inadequate supply of this type of housing in the state.

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

(1) “Qualifying resident” or “senior citizen” means a person 62
years of age or older, or 55 years of age or older in a senior citizen
housing development.

(2) “Qualified permanent resident” means a person who meets
both of the following requirements:

(A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or senior
citizen.

(B) Was 45 years of age or older, or was a spouse, cohabitant,
or person providing primary physical or economic support to the
qualifying resident or senior citizen.

(3) “Qualified permanent resident” also means a disabled person
or person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident
as defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, “disabled” means
a person who has a disability as defined in subdivision (b) of
Section 54. A “disabling injury or illness” means an illness or
injury which results in a condition meeting the definition of
disability set forth in subdivision (b) of Section 54.

(A) For any person who is a qualified permanent resident under
this paragraph whose disabling condition ends, the owner, board
of directors, or other governing body may require the formerly
disabled resident to cease residing in the development upon receipt
of six months’ written notice; provided, however, that the owner,
board of directors, or other governing body may allow the person
to remain a resident for up to one year after the disabling condition
ends.

(B) The owner, board of directors, or other governing body of
the senior citizen housing development may take action to prohibit
or terminate occupancy by a person who is a qualified permanent
resident under this paragraph if the owner, board of directors, or
other governing body finds, based on credible and objective
evidence, that the person is likely to pose a significant threat to
the health or safety of others that cannot be ameliorated by means
of a reasonable accommodation; provided, however, that the action
to prohibit or terminate the occupancy may be taken only after
doing both of the following:

(i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.

(ii) Giving due consideration to the relevant, credible, and
objective information provided in the hearing. The evidence shall
be taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body
in order to preserve the privacy of the affected persons.

The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to
speak on their behalf or to assist them in the matter.

(4) “Senior citizen housing development” means a residential
development developed, substantially rehabilitated, or substantially
renovated for, senior citizens that has at least 35 dwelling units.
Any senior citizen housing development which is required to obtain
a public report under Section 11010 of the Business and Professions
Code and which submits its application for a public report after
July 1, 2001, shall be required to have been issued a public report
as a senior citizen housing development under Section 11010.05
of the Business and Professions Code. No housing development
constructed prior to January 1, 1985, shall fail to qualify as a senior
citizen housing development because it was not originally
developed or put to use for occupancy by senior citizens.

(5) “Dwelling unit” or “housing” means any residential
accommodation other than a mobilehome.

(6) “Cohabitant” refers to persons who live together as spouses
or persons who are domestic partners within the meaning of Section
297 of the Family Code.

(7) “Permitted health care resident” means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and
must provide either assistance with necessary daily activities or
medical treatment, or both.

A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:

(A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects
to return to his or her residence within 90 days from the date the
absence began.

(B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.

Upon written request by the senior citizen or an authorized
person acting for the senior citizen, the owner, board of directors,
or governing board shall have the discretion to allow a permitted
health care resident to remain for a time period longer than 90 days
from the date that the senior citizen’s absence began, if it appears
that the senior citizen will return within a period of time not to
exceed an additional 90 days.

(c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any such
limitation shall not be more exclusive than to require that one
person in residence in each dwelling unit may be required to be a
senior citizen and that each other resident in the same dwelling
unit may be required to be a qualified permanent resident, a
permitted health care resident, or a person under 55 years of age
whose occupancy is permitted under subdivision (h) of this section
or under subdivision (b) of Section 51.4. That limitation may be
less exclusive, but shall at least require that the persons
commencing any occupancy of a dwelling unit include a senior
citizen who intends to reside in the unit as his or her primary
residence on a permanent basis. The application of the rules set
forth in this subdivision regarding limitations on occupancy may
result in less than all of the dwellings being actually occupied by
a senior citizen.

(d) The covenants, conditions, and restrictions or other
documents or written policy shall permit temporary residency, as
a guest of a senior citizen or qualified permanent resident, by a
person of less than 55 years of age for periods of time, not less
than 60 days in any year, that are specified in the covenants,
conditions, and restrictions or other documents or written policy.

(e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling
unit as a permitted resident. This subdivision shall not apply to a
permitted health care resident.

(f) The condominium, stock cooperative, limited-equity housing
cooperative, planned development, or multiple-family residential
rental property shall have been developed for, and initially been
put to use as, housing for senior citizens, or shall have been
substantially rehabilitated or renovated for, and immediately
afterward put to use as, housing for senior citizens, as provided in
this section; provided, however, that no housing development
constructed prior to January 1, 1985, shall fail to qualify as a senior
citizen housing development because it was not originally
developed for or originally put to use for occupancy by senior
citizens.

(g) The covenants, conditions, and restrictions or other
documents or written policies applicable to any condominium,
stock cooperative, limited-equity housing cooperative, planned
development, or multiple-family residential property that contained
age restrictions on January 1, 1984, shall be enforceable only to
the extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.

(h) Any person who has the right to reside in, occupy, or use
the housing or an unimproved lot subject to this section on January
1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section.

(i) The covenants, conditions, and restrictions or other
documents or written policy of the senior citizen housing
development shall permit the occupancy of a dwelling unit by a
permitted health care resident during any period that the person is
actually providing live-in, long-term, or hospice health care to a
qualifying resident for compensation. For purposes of this
subdivision, the term “for compensation” shall include provisions
of lodging and food in exchange for care.

(j) Notwithstanding any other provision of this section, this
section shall not apply to the County of Riverside.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 51.11 of the Civil Code is amended to read:

51.11.  

(a) The Legislature finds and declares that this section
is essential to establish and preserve housing for senior citizens.
There are senior citizens who need special living environments,
and find that there is an inadequate supply of this type of housing
in the state.

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

(1) “Qualifying resident” or “senior citizen” means a person 62
years of age or older, or 55 years of age or older in a senior citizen
housing development.

(2) “Qualified permanent resident” means a person who meets
both of the following requirements:

(A) Was residing with the qualifying resident or senior citizen
prior to the death, hospitalization, or other prolonged absence of,
or the dissolution of marriage with, the qualifying resident or senior
citizen.

(B) Was 45 years of age or older, or was a spouse, cohabitant,
or person providing primary physical or economic support to the
qualifying resident or senior citizen.

(3) “Qualified permanent resident” also means a disabled person
or person with a disabling illness or injury who is a child or
grandchild of the senior citizen or a qualified permanent resident
as defined in paragraph (2) who needs to live with the senior citizen
or qualified permanent resident because of the disabling condition,
illness, or injury. For purposes of this section, “disabled” means
a person who has a disability as defined in subdivision (b) of
Section 54. A “disabling injury or illness” means an illness or
injury which results in a condition meeting the definition of
disability set forth in subdivision (b) of Section 54.

(A) For any person who is a qualified permanent resident under
paragraph (3) whose disabling condition ends, the owner, board
of directors, or other governing body may require the formerly
disabled resident to cease residing in the development upon receipt
of six months’ written notice; provided, however, that the owner,
board of directors, or other governing body may allow the person
to remain a resident for up to one year, after the disabling condition
ends.

(B) The owner, board of directors, or other governing body of
the senior citizen housing development may take action to prohibit
or terminate occupancy by a person who is a qualified permanent
resident under paragraph (3) if the owner, board of directors, or
other governing body finds, based on credible and objective
evidence, that the person is likely to pose a significant threat to
the health or safety of others that cannot be ameliorated by means
of a reasonable accommodation; provided, however, that action
to prohibit or terminate the occupancy may be taken only after
doing both of the following:

(i) Providing reasonable notice to and an opportunity to be heard
for the disabled person whose occupancy is being challenged, and
reasonable notice to the coresident parent or grandparent of that
person.

(ii) Giving due consideration to the relevant, credible, and
objective information provided in that hearing. The evidence shall
be taken and held in a confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body
in order to preserve the privacy of the affected persons.

The affected persons shall be entitled to have present at the
hearing an attorney or any other person authorized by them to
speak on their behalf or to assist them in the matter.

(4) “Senior citizen housing development” means a residential
development developed with more than 20 units as a senior
community by its developer and zoned as a senior community by
a local governmental entity, or characterized as a senior community
in its governing documents, as these are defined in Section 4150,
or qualified as a senior community under the federal Fair Housing
Amendments Act of 1988, as amended. Any senior citizen housing
development which is required to obtain a public report under
Section 11010 of the Business and Professions Code and which
submits its application for a public report after July 1, 2001, shall
be required to have been issued a public report as a senior citizen
housing development under Section 11010.05 of the Business and
Professions Code.

(5) “Dwelling unit” or “housing” means any residential
accommodation other than a mobilehome.

(6) “Cohabitant” refers to persons who live together as spouses
or persons who are domestic partners within the meaning of Section
297 of the Family Code.

(7) “Permitted health care resident” means a person hired to
provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing
that care. For the purposes of this section, the care provided by a
permitted health care resident must be substantial in nature and
must provide either assistance with necessary daily activities or
medical treatment, or both.

A permitted health care resident shall be entitled to continue his
or her occupancy, residency, or use of the dwelling unit as a
permitted resident in the absence of the senior citizen from the
dwelling unit only if both of the following are applicable:

(A) The senior citizen became absent from the dwelling due to
hospitalization or other necessary medical treatment and expects
to return to his or her residence within 90 days from the date the
absence began.

(B) The absent senior citizen or an authorized person acting for
the senior citizen submits a written request to the owner, board of
directors, or governing board stating that the senior citizen desires
that the permitted health care resident be allowed to remain in
order to be present when the senior citizen returns to reside in the
development.

Upon written request by the senior citizen or an authorized
person acting for the senior citizen, the owner, board of directors,
or governing board shall have the discretion to allow a permitted
health care resident to remain for a time period longer than 90 days
from the date that the senior citizen’s absence began, if it appears
that the senior citizen will return within a period of time not to
exceed an additional 90 days.

(c) The covenants, conditions, and restrictions and other
documents or written policy shall set forth the limitations on
occupancy, residency, or use on the basis of age. Any limitation
shall not be more exclusive than to require that one person in
residence in each dwelling unit may be required to be a senior
citizen and that each other resident in the same dwelling unit may
be required to be a qualified permanent resident, a permitted health
care resident, or a person under 55 years of age whose occupancy
is permitted under subdivision (g) of this section or subdivision
(b) of Section 51.12. That limitation may be less exclusive, but
shall at least require that the persons commencing any occupancy
of a dwelling unit include a senior citizen who intends to reside in
the unit as his or her primary residence on a permanent basis. The
application of the rules set forth in this subdivision regarding
limitations on occupancy may result in less than all of the dwellings
being actually occupied by a senior citizen.

(d) The covenants, conditions, and restrictions or other
documents or written policy shall permit temporary residency, as
a guest of a senior citizen or qualified permanent resident, by a
person of less than 55 years of age for periods of time, not more
than 60 days in any year, that are specified in the covenants,
conditions, and restrictions or other documents or written policy.

(e) Upon the death or dissolution of marriage, or upon
hospitalization, or other prolonged absence of the qualifying
resident, any qualified permanent resident shall be entitled to
continue his or her occupancy, residency, or use of the dwelling
unit as a permitted resident. This subdivision shall not apply to a
permitted health care resident.

(f) The covenants, conditions, and restrictions or other
documents or written policies applicable to any condominium,
stock cooperative, limited-equity housing cooperative, planned
development, or multiple-family residential property that contained
age restrictions on January 1, 1984, shall be enforceable only to
the extent permitted by this section, notwithstanding lower age
restrictions contained in those documents or policies.

(g) Any person who has the right to reside in, occupy, or use
the housing or an unimproved lot subject to this section on or after
January 1, 1985, shall not be deprived of the right to continue that
residency, occupancy, or use as the result of the enactment of this
section by Chapter 1147 of the Statutes of 1996.

(h) A housing development may qualify as a senior citizen
housing development under this section even though, as of January
1, 1997, it does not meet the definition of a senior citizen housing
development specified in subdivision (b), if the development
complies with that definition for every unit that becomes occupied
after January 1, 1997, and if the development was once within that
definition, and then became noncompliant with the definition as
the result of any one of the following:

(1) The development was ordered by a court or a local, state,
or federal enforcement agency to allow persons other than
qualifying residents, qualified permanent residents, or permitted
health care residents to reside in the development.

(2) The development received a notice of a pending or proposed
action in, or by, a court, or a local, state, or federal enforcement
agency, which action could have resulted in the development being
ordered by a court or a state or federal enforcement agency to allow
persons other than qualifying residents, qualified permanent
residents, or permitted health care residents to reside in the
development.

(3) The development agreed to allow persons other than
qualifying residents, qualified permanent residents, or permitted
health care residents to reside in the development by entering into
a stipulation, conciliation agreement, or settlement agreement with
a local, state, or federal enforcement agency or with a private party
who had filed, or indicated an intent to file, a complaint against
the development with a local, state, or federal enforcement agency,
or file an action in a court.

(4) The development allowed persons other than qualifying
residents, qualified permanent residents, or permitted health care
residents to reside in the development on the advice of counsel in
order to prevent the possibility of an action being filed by a private
party or by a local, state, or federal enforcement agency.

(i) The covenants, conditions, and restrictions or other
documents or written policy of the senior citizen housing
development shall permit the occupancy of a dwelling unit by a
permitted health care resident during any period that the person is
actually providing live-in, long-term, or hospice health care to a
qualifying resident for compensation.

(j) This section shall only apply to the County of Riverside.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

Section 682 of the Civil Code is amended to read:

682.  

The ownership of property by several persons is either:

begin delete

1.

end delete

begin insert (a) end insert  Of joint begin delete interest; end delete begin insert interest. end insert

begin delete

2.

end delete

begin insert (b) end insert  Of partnership begin delete interests; end delete begin insert interests. end insert

begin delete

3.

end delete

begin insert (c) end insert  Of interests in begin delete common; end delete begin insert common. end insert

begin delete

4.

end delete

begin insert (d) end insert  Of community interest of begin delete spouses. end delete begin insert spouses or domestic
partners. end insert

begin delete SEC. 6. end delete
begin insert SEC. 8. end insert   

Section 682.1 of the Civil Code is amended to read:

682.1.  

(a) Community property of begin delete spouses, end delete begin insert spouses or domestic
partners, end insert when expressly declared in the transfer document to be
community property with right of survivorship, and which may
be accepted in writing on the face of the document by a statement
signed or initialed by the grantees, shall, upon the death of one of
the begin delete spouses, end delete begin insert spouses or domestic partners, end insert pass to the survivor,
without administration, pursuant to the terms of the instrument,
subject to the same procedures, as property held in joint tenancy.
Prior to the death of either begin delete spouse, end delete begin insert spouse or domestic partner, end insert
the right of survivorship may be terminated pursuant to the same
procedures by which a joint tenancy may be severed. Part I
(commencing with Section 5000) of Division 5 of the Probate
Code and Chapter 2 (commencing with Section 13540), Chapter
3 (commencing with Section 13550) and Chapter 3.5 (commencing
with Section 13560) of Part 2 of Division 8 of the Probate Code
apply to this property.

(b) This section does not apply to a joint account in a financial
institution to which Part 2 (commencing with Section 5100) of
Division 5 of the Probate Code applies.

(c) This section shall become operative on July 1, 2001, and
shall apply to instruments created on or after that date.

begin delete SEC. 7. end delete
begin insert SEC. 9. end insert   

Section 683 of the Civil Code is amended to read:

683.  

(a) A joint interest is one owned by two or more persons
in equal shares, by a title created by a single will or transfer, when
expressly declared in the will or transfer to be a joint tenancy, or
by transfer from a sole owner to himself or herself and others, or
from tenants in common or joint tenants to themselves or some of
them, or to themselves or any of them and others, or from begin delete spouses, end delete
begin insert spouses or domestic partners, end insert when holding title as community
property or otherwise to themselves or to themselves and others
or to one of them and to another or others, when expressly declared
in the transfer to be a joint tenancy, or when granted or devised to
executors or trustees as joint tenants. A joint tenancy in personal
property may be created by a written transfer, instrument, or
agreement.

(b) Provisions of this section do not apply to a joint account in
a financial institution if Part 2 (commencing with Section 5100)
of Division 5 of the Probate Code applies to such account.

begin delete SEC. 8. end delete
begin insert SEC. 10. end insert   

Section 1099 of the Civil Code is amended to read:

1099.  

(a) As soon as practical before transfer of title of any
real property or the execution of a real property sales contract as
defined in Section 2985, the transferor, fee owner, or his begin insert or her end insert
agent, shall deliver to the transferee a copy of a structural pest
control inspection report prepared pursuant to Section 8516 of the
Business and Professions Code upon which any certification in
accordance with Section 8519 of the Business and Professions
Code may be made, provided that certification or preparation of
a report is a condition of the contract effecting that transfer, or is
a requirement imposed as a condition of financing such transfer.

(b) If a notice of work completed as contemplated by Section
8518 of the Business and Professions Code, indicating action by
a structural pest control licensee in response to an inspection report
delivered or to be delivered under provisions of subdivision (a),
or a certification pursuant to Section 8519 of the Business and
Professions Code, has been received by a transferor or his begin insert or her end insert
agent before transfer of title or execution of a real property sales
contract as defined in Section 2985, it shall be furnished to the
transferee as soon as practical before transfer of title or the
execution of such real property sales contract.

(c) Delivery to a transferee as used in this section means delivery
in person or by mail to the transferee himself begin insert or herself end insert or any
person authorized to act for him begin insert or her end insert in the transaction or to such
additional transferees who have requested such delivery from the
transferor or his begin insert or her end insert agent in writing. For the purposes of this
section, delivery to either spouse begin insert or either domestic partner end insert shall
be deemed delivery to a transferee, unless the contract affecting
the transfer states otherwise.

(d) No transfer of title of real property shall be invalidated solely
because of the failure of any person to comply with the provisions
of this section unless such failure is an act or omission which would
be a valid ground for rescission of such transfer in the absence of
this section.

begin delete SEC. 9. end delete
begin insert SEC. 11. end insert   

Section 1569 of the Civil Code is amended to read:

1569.  

Duress consists begin delete in: end delete begin insert in any of the following: end insert

begin delete

1.

end delete

begin insert (a) end insert  Unlawful confinement of the person of the party, or of the
spouse begin insert or domestic partner end insert of such party, or of an ancestor,
descendant, or adopted child of such begin delete party or spouse; end delete begin insert party, spouse,
or domestic partner. end insert

begin delete

2.

end delete

begin insert (b) end insert  Unlawful detention of the property of any such begin delete person; or, end delete
begin insert person. end insert

begin delete

3.

end delete

begin insert (c) end insert  Confinement of such person, lawful in form, but fraudulently
obtained, or fraudulently made unjustly harassing or oppressive.

begin delete SEC. 10. end delete
begin insert SEC. 12. end insert   

Section 3390 of the Civil Code is amended to read:

3390.  

The following obligations cannot be specifically
enforced:

begin delete

1.

end delete

begin insert (a) end insert  An obligation to render personal begin delete service; end delete begin insert service. end insert

begin delete

2.

end delete

begin insert (b) end insert  An obligation to employ another in personal begin delete service; end delete begin insert service. end insert

begin delete

3.

end delete

begin insert (c) end insert  An agreement to perform an act which the party has not
power lawfully to perform when required to do begin delete so; end delete begin insert so. end insert

begin delete

4.

end delete

begin insert (d) end insert  An agreement to procure the act or consent of the spouse begin insert or
domestic partner end insert of the contracting party, or of any other third
begin delete person; or, end delete begin insert person. end insert

begin delete

5.

end delete

begin insert (e) end insert  An agreement, the terms of which are not sufficiently certain
to make the precise act which is to be done clearly ascertainable.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 17 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

17.  

(a) Words used in this code in the present tense include
the future as well as the present. Words used in the masculine
gender include the feminine and neuter. The singular number
includes the plural and the plural number includes the singular.

(b) As used in this code, the following words have the following
meanings, unless otherwise apparent from the context:

(1) “Affinity” signifies the connection existing in consequence
of marriage, between each of the married persons and the blood
relatives of the other when applied to the marriage relation.

(2) “County” includes “city and county.”

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

(4) “Month” means a calendar month, unless otherwise
expressed.

(5) “Oath” includes an affirmation or declaration.

(A) “Depose” includes any written statement made under oath
or affirmation.

(B) “Testify” includes any mode of oral statement made under
oath or affirmation.

(6) “Person” includes a corporation as well as a natural person.

(7) “Process” signifies a writ or summons issued in the course
of a judicial proceeding.

(8) “Property” includes both personal and real property.

(A) “Personal property” includes money, goods, chattels, things
in action, and evidences of debt.

(B) “Real property” is coextensive with lands, tenements, and
hereditaments.

(9) “Section” refers to a section of this code, unless some other
code or statute is expressly mentioned.

(10) “Sheriff” includes marshal.

(11) “Signature” or “subscription” includes a mark of a person’s
name, if the person cannot write, with his or her name being written
near it by a person who writes his or her own name as a witness.
In order that a mark may be acknowledged or serve as the signature
to any sworn statement, it shall be witnessed by two persons who
shall subscribe their own names as witnesses thereto.

begin insert

(12) “Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert begin delete

(12)

end delete

begin insert (13) end insert  “State” includes the District of Columbia and the territories
when applied to the different parts of the United States, and the
words “United States” may include the district and territories.

begin delete

(13)

end delete

begin insert (14) end insert  “Will” includes codicil.

begin delete

(14)

end delete

begin insert (15) end insert  “Writ” means an order or precept in writing, issued in the
name of the people, or of a court or judicial officer.

begin delete

(15)

end delete

begin insert (16) end insert  “Writing” includes printing and typewriting.

begin delete SEC. 11. end delete
begin insert SEC. 14. end insert   

Section 116.540 of the Code of Civil Procedure is
amended to read:

116.540.  

(a) Except as permitted by this section, no individual
other than the plaintiff and the defendant may take part in the
conduct or defense of a small claims action.

(b) Except as additionally provided in subdivision (i), a
corporation may appear and participate in a small claims action
only through a regular employee, or a duly appointed or elected
officer or director, who is employed, appointed, or elected for
purposes other than solely representing the corporation in small
claims court.

(c) A party who is not a corporation or a natural person may
appear and participate in a small claims action only through a
regular employee, or a duly appointed or elected officer or director,
or in the case of a partnership, a partner, engaged for purposes
other than solely representing the party in small claims court.

(d) If a party is an individual doing business as a sole
proprietorship, the party may appear and participate in a small
claims action by a representative and without personally appearing
if both of the following conditions are met:

(1) The claim can be proved or disputed by evidence of an
account that constitutes a business record as defined in Section
1271 of the Evidence Code, and there is no other issue of fact in
the case.

(2) The representative is a regular employee of the party for
purposes other than solely representing the party in small claims
actions and is qualified to testify to the identity and mode of
preparation of the business record.

(e) A plaintiff is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her claim
or allow another individual to appear and participate on his or her
behalf, if (1) the plaintiff is serving on active duty in the United
States Armed Forces outside this state, (2) the plaintiff was
assigned to his or her duty station after his or her claim arose, (3)
the assignment is for more than six months, (4) the representative
is serving without compensation, and (5) the representative has
appeared in small claims actions on behalf of others no more than
four times during the calendar year. The defendant may file a claim
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220, 116.221, and 116.231.

(f) A party incarcerated in a county jail, a Department of
Corrections and Rehabilitation facility, or a Division of Juvenile
Facilities facility is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her
claim, or may authorize another individual to appear and participate
on his or her behalf if that individual is serving without
compensation and has appeared in small claims actions on behalf
of others no more than four times during the calendar year.

(g) A defendant who is a nonresident owner of real property
may defend against a claim relating to that property without
personally appearing by (1) submitting written declarations to
serve as evidence supporting his or her defense, (2) allowing
another individual to appear and participate on his or her behalf if
that individual is serving without compensation and has appeared
in small claims actions on behalf of others no more than four times
during the calendar year, or (3) taking the action described in both
(1) and (2).

(h) A party who is an owner of rental real property may appear
and participate in a small claims action through a property agent
under contract with the owner to manage the rental of that property,
if (1) the owner has retained the property agent principally to
manage the rental of that property and not principally to represent
the owner in small claims court, and (2) the claim relates to the
rental property.

(i) A party that is an association created to manage a common
interest development, as defined in Section 4100 or in Sections
6528 and 6534 of the Civil Code, may appear and participate in a
small claims action through an agent, a management company
representative, or bookkeeper who appears on behalf of that
association.

(j) At the hearing of a small claims action, the court shall require
any individual who is appearing as a representative of a party under
subdivisions (b) to (i), inclusive, to file a declaration stating (1)
that the individual is authorized to appear for the party, and (2)
the basis for that authorization. If the representative is appearing
under subdivision (b), (c), (d), (h), or (i), the declaration also shall
state that the individual is not employed solely to represent the
party in small claims court. If the representative is appearing under
subdivision (e), (f), or (g), the declaration also shall state that the
representative is serving without compensation, and has appeared
in small claims actions on behalf of others no more than four times
during the calendar year.

(k) A spouse begin insert or domestic partner end insert who sues or who is sued with
his or her spouse begin insert or domestic partner end insert may appear and participate
on behalf of his or her spouse begin insert or domestic partner end insert if (1) the claim
is a joint claim, (2) the represented spouse begin insert or domestic partner end insert has
given his or her consent, and (3) the court determines that the
interests of justice would be served.

(l) If the court determines that a party cannot properly present
his or her claim or defense and needs assistance, the court may in
its discretion allow another individual to assist that party.

(m) Nothing in this section shall operate or be construed to
authorize an attorney to participate in a small claims action except
as expressly provided in Section 116.530.

begin delete SEC. 12. end delete
begin insert SEC. 15. end insert   

Section 371 of the Code of Civil Procedure is
amended to read:

371.  

If spouses begin insert or domestic partners end insert are sued together, each
may defend for his or her own right, but if one spouse begin insert or domestic
partner end insert neglects to defend, the other spouse begin insert or domestic partner end insert
may defend for that spouse’s begin insert or domestic partner’s end insert right also.

begin delete SEC. 13. end delete
begin insert SEC. 16. end insert   

Section 703.140 of the Code of Civil Procedure is
amended to read:

703.140.  

(a) In a case under Title 11 of the United States Code,
all of the exemptions provided by this chapter, including the
homestead exemption, other than the provisions of subdivision (b)
are applicable regardless of whether there is a money judgment
against the debtor or whether a money judgment is being enforced
by execution sale or any other procedure, but the exemptions
provided by subdivision (b) may be elected in lieu of all other
exemptions provided by this chapter, as follows:

(1) If spouses begin insert or domestic partners end insert are joined in the petition,
they jointly may elect to utilize the applicable exemption provisions
of this chapter other than the provisions of subdivision (b), or to
utilize the applicable exemptions set forth in subdivision (b), but
not both.

(2) If the petition is filed individually, and not jointly, for a
begin delete spouse, end delete begin insert spouse or domestic partner, end insert the exemptions provided by
this chapter other than the provisions of subdivision (b) are
applicable, except that, if both of the spouses begin insert or domestic partners end insert
effectively waive in writing the right to claim, during the period
the case commenced by filing the petition is pending, the
exemptions provided by the applicable exemption provisions of
this chapter, other than subdivision (b), in any case commenced
by filing a petition for either of them under Title 11 of the United
States Code, then they may elect to instead utilize the applicable
exemptions set forth in subdivision (b).

(3) If the petition is filed for an unmarried person, that person
may elect to utilize the applicable exemption provisions of this
chapter other than subdivision (b), or to utilize the applicable
exemptions set forth in subdivision (b), but not both.

(b) The following exemptions may be elected as provided in
subdivision (a):

(1) The debtor’s aggregate interest, not to exceed twenty-four
thousand sixty dollars ($24,060) in value, in real property or
personal property that the debtor or a dependent of the debtor uses
as a residence, in a cooperative that owns property that the debtor
or a dependent of the debtor uses as a residence.

(2) The debtor’s interest, not to exceed four thousand eight
hundred dollars ($4,800) in value, in one or more motor vehicles.

(3) The debtor’s interest, not to exceed six hundred dollars
($600) in value in any particular item, in household furnishings,
household goods, wearing apparel, appliances, books, animals,
crops, or musical instruments, that are held primarily for the
personal, family, or household use of the debtor or a dependent of
the debtor.

(4) The debtor’s aggregate interest, not to exceed one thousand
four hundred twenty-five dollars ($1,425) in value, in jewelry held
primarily for the personal, family, or household use of the debtor
or a dependent of the debtor.

(5) The debtor’s aggregate interest, not to exceed in value one
thousand two hundred eighty dollars ($1,280) plus any unused
amount of the exemption provided under paragraph (1), in any
property.

(6) The debtor’s aggregate interest, not to exceed seven thousand
one hundred seventy-five dollars ($7,175) in value, in any
implements, professional books, or tools of the trade of the debtor
or the trade of a dependent of the debtor.

(7) Any unmatured life insurance contract owned by the debtor,
other than a credit life insurance contract.

(8) The debtor’s aggregate interest, not to exceed in value twelve
thousand eight hundred sixty dollars ($12,860), in any accrued
dividend or interest under, or loan value of, any unmatured life
insurance contract owned by the debtor under which the insured
is the debtor or an individual of whom the debtor is a dependent.

(9) Professionally prescribed health aids for the debtor or a
dependent of the debtor.

(10) The debtor’s right to receive any of the following:

(A) A social security benefit, unemployment compensation, or
a local public assistance benefit.

(B) A veterans’ benefit.

(C) A disability, illness, or unemployment benefit.

(D) Alimony, support, or separate maintenance, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor.

(E) A payment under a stock bonus, pension, profit-sharing,
annuity, or similar plan or contract on account of illness, disability,
death, age, or length of service, to the extent reasonably necessary
for the support of the debtor and any dependent of the debtor,
unless all of the following apply:

(i) That plan or contract was established by or under the auspices
of an insider that employed the debtor at the time the debtor’s
rights under the plan or contract arose.

(ii) The payment is on account of age or length of service.

(iii) That plan or contract does not qualify under Section 401(a),
403(a), 403(b), 408, or 408A of the Internal Revenue Code of
1986.

(11) The debtor’s right to receive, or property that is traceable
to, any of the following:

(A) An award under a crime victim’s reparation law.

(B) A payment on account of the wrongful death of an individual
of whom the debtor was a dependent, to the extent reasonably
necessary for the support of the debtor and any dependent of the
debtor.

(C) A payment under a life insurance contract that insured the
life of an individual of whom the debtor was a dependent on the
date of that individual’s death, to the extent reasonably necessary
for the support of the debtor and any dependent of the debtor.

(D) A payment, not to exceed twenty-four thousand sixty dollars
($24,060), on account of personal bodily injury of the debtor or
an individual of whom the debtor is a dependent.

(E) A payment in compensation of loss of future earnings of
the debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any dependent of the debtor.

begin delete SEC. 14. end delete
begin insert SEC. 17. end insert   

Section 704.930 of the Code of Civil Procedure is
amended to read:

704.930.  

(a) A homestead declaration recorded pursuant to
this article shall contain all of the following:

(1) The name of the declared homestead owner. Spouses begin insert or
domestic partners end insert both may be named as declared homestead
owners in the same homestead declaration if each owns an interest
in the dwelling selected as the declared homestead.

(2) A description of the declared homestead.

(3) A statement that the declared homestead is the principal
dwelling of the declared homestead owner or such person’s begin delete spouse, end delete
begin insert spouse or domestic partner, end insert and that the declared homestead owner
or such person’s spouse begin insert or domestic partner end insert resides in the declared
homestead on the date the homestead declaration is recorded.

(b) The homestead declaration shall be executed and
acknowledged in the manner of an acknowledgment of a
conveyance of real property by at least one of the following
persons:

(1) The declared homestead owner.

(2) The spouse begin insert or domestic partner end insert of the declared homestead
owner.

(3) The guardian or conservator of the person or estate of either
of the persons listed in paragraph (1) or (2). The guardian or
conservator may execute, acknowledge, and record a homestead
declaration without the need to obtain court authorization.

(4) A person acting under a power of attorney or otherwise
authorized to act on behalf of a person listed in paragraph (1) or
(2).

(c) The homestead declaration shall include a statement that the
facts stated in the homestead declaration are known to be true as
of the personal knowledge of the person executing and
acknowledging the homestead declaration. If the homestead
declaration is executed and acknowledged by a person listed in
paragraph (3) or (4) of subdivision (b), it shall also contain a
statement that the person has authority to so act on behalf of the
declared homestead owner or the spouse begin insert or domestic partner end insert of
the declared homestead owner and the source of the person’s
authority.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 1201 of the end insert begin insert Commercial Code end insert begin insert is amended to
read: end insert

1201.  

(a) Unless the context otherwise requires, words or
phrases defined in this section, or in the additional definitions
contained in other divisions of this code that apply to particular
divisions or chapters thereof, have the meanings stated.

(b) Subject to definitions contained in other divisions of this
code that apply to particular divisions or chapters thereof:

(1) “Action,” in the sense of a judicial proceeding, includes
recoupment, counterclaim, setoff, suit in equity, and any other
proceeding in which rights are determined.

(2) “Aggrieved party” means a party entitled to pursue a remedy.

(3) “Agreement,” as distinguished from “contract,” means the
bargain of the parties in fact, as found in their language or inferred
from other circumstances, including course of performance, course
of dealing, or usage of trade as provided in Section 1303.

(4) “Bank” means a person engaged in the business of banking,
and includes a savings bank, savings and loan association, credit
union, and trust company.

(5) “Bearer” means a person in possession of a negotiable
instrument, document of title, or certificated security that is payable
to bearer or endorsed in blank.

(6) “Bill of lading” means a document evidencing the receipt
of goods for shipment issued by a person engaged in the business
of transporting or forwarding goods.

(7) “Branch” includes a separately incorporated foreign branch
of a bank.

(8) “Burden of establishing” a fact means the burden of
persuading the trier of fact that the existence of the fact is more
probable than its nonexistence.

(9) “Buyer in ordinary course of business” means a person that
buys goods in good faith, without knowledge that the sale violates
the rights of another person in the goods, and in the ordinary course
from a person, other than a pawnbroker, in the business of selling
goods of that kind. A person buys goods in the ordinary course if
the sale to the person comports with the usual or customary
practices in the kind of business in which the seller is engaged or
with the seller’s own usual or customary practices. A person that
sells oil, gas, or other minerals at the wellhead or minehead is a
person in the business of selling goods of that kind. A buyer in
ordinary course of business may buy for cash, by exchange of
other property, or on secured or unsecured credit, and may acquire
goods or documents of title under a preexisting contract for sale.
Only a buyer that takes possession of the goods or has a right to
recover the goods from the seller under Division 2 (commencing
with Section 2101) may be a buyer in ordinary course of business.
“Buyer in ordinary course of business” does not include a person
that acquires goods in a transfer in bulk or as security for or in
total or partial satisfaction of a money debt.

(10) “Conspicuous,” with reference to a term, means so written,
displayed, or presented that a reasonable person against whom it
is to operate ought to have noticed it. Whether a term is
“conspicuous” or not is a decision for the court. Conspicuous terms
include the following:

(A) a heading in capitals equal to or greater in size than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same or lesser size; and

(B) language in the body of a record or display in larger type
than the surrounding text, or in contrasting type, font, or color to
the surrounding text of the same size, or set off from surrounding
text of the same size by symbols or other marks that call attention
to the language.

(11) [Reserved]

(12) “Contract,” as distinguished from “agreement,” means the
total legal obligation that results from the parties’ agreement as
determined by this code and as supplemented by any other
applicable laws.

(13) “Creditor” includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an
assignee for the benefit of creditors, a trustee in bankruptcy, a
receiver in equity, and an executor or administrator of an insolvent
debtor’s or assignor’s estate.

(14) “Defendant” includes a person in the position of defendant
in a counterclaim, cross-claim, or third-party claim.

(15) “Delivery,” with respect to an instrument, document of
title, or chattel paper means voluntary transfer of possession.

(16) “Document of title” includes a bill of lading, dock warrant,
dock receipt, warehouse receipt, or order for the delivery of goods,
and also any other document which in the regular course of
business or financing is treated as adequately evidencing that the
person in possession of it is entitled to receive, hold, and dispose
of the document and the goods it covers. To be a document of title,
a document must purport to be issued by or addressed to a bailee
and purport to cover goods in the bailee’s possession which are
either identified or are fungible portions of an identified mass.

(17) “Fault” means a default, breach, or wrongful act or
omission.

(18) “Fungible goods” means:

(A) Goods of which any unit, by nature or usage of trade, is the
equivalent of any other like unit; or

(B) Goods that by agreement are treated as equivalent.

(19) “Genuine” means free of forgery or counterfeiting.

(20) “Good faith,” except as otherwise provided in Division 5
(commencing with Section 5101), means honesty in fact and the
observance of reasonable commercial standards of fair dealing.

(21) “Holder,” means:

(A) the person in possession of a negotiable instrument that is
payable either to bearer or, to an identified person that is the person
in possession; or

(B) the person in possession of a document of title if the goods
are deliverable either to bearer or to the order of the person in
possession.

(22) “Insolvency proceeding” includes an assignment for the
benefit of creditors or other proceeding intended to liquidate or
rehabilitate the estate of the person involved.

(23) “Insolvent” means:

(A) having generally ceased to pay debts in the ordinary course
of business other than as a result of bona fide dispute;

(B) being unable to pay debts as they become due; or

(C) being insolvent within the meaning of federal bankruptcy
law.

(24) “Money” means a medium of exchange currently authorized
or adopted by a domestic or foreign government. The term includes
a monetary unit of account established by an intergovernmental
organization or by agreement between two or more countries.

(25) “Organization” means a person other than an individual.

(26) “Party,” as distinguished from “third party,” means a person
that has engaged in a transaction or made an agreement subject to
this code.

(27) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision, agency, or
instrumentality, public corporation, or any other legal or
commercial entity.

(28) “Present value” means the amount as of a date certain of
one or more sums payable in the future, discounted to the date
certain by use of either an interest rate specified by the parties if
that rate is not manifestly unreasonable at the time the transaction
is entered into or, if an interest rate is not so specified, a
commercially reasonable rate that takes into account the facts and
circumstances at the time the transaction is entered into.

(29) “Purchase” means taking by sale, lease, discount,
negotiation, mortgage, pledge, lien, security interest, issue or
reissue, gift, or any other voluntary transaction creating an interest
in property.

(30) “Purchaser” means a person that takes by purchase.

(31) “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.

(32) “Remedy” means any remedial right to which an aggrieved
party is entitled with or without resort to a tribunal.

(33) “Representative” means a person empowered to act for
another, including an agent, an officer of a corporation or
association, and a trustee, executor, or administrator of an estate.

(34) “Right” includes remedy.

(35) “Security interest” means an interest in personal property
or fixtures which secures payment or performance of an obligation.
“Security interest” includes any interest of a consignor and a buyer
of accounts, chattel paper, a payment intangible, or a promissory
note in a transaction that is subject to Division 9 (commencing
with Section 9101). “Security interest” does not include the special
property interest of a buyer of goods on identification of those
goods to a contract for sale under Section 2401, but a buyer may
also acquire a “security interest” by complying with Division 9
(commencing with Section 9101). Except as otherwise provided
in Section 2505, the right of a seller or lessor of goods under
Division 2 (commencing with Section 2101) or Division 10
(commencing with Section 10101) to retain or acquire possession
of the goods is not a “security interest,” but a seller or lessor may
also acquire a “security interest” by complying with Division 9
(commencing with Section 9101). The retention or reservation of
title by a seller of goods notwithstanding shipment or delivery to
the buyer under Section 2401 is limited in effect to a reservation
of a “security interest.”

Whether a transaction in the form of a lease creates a “security
interest” is determined pursuant to Section 1203.

(36) “Send,” in connection with a writing, record, or notice
means:

(A) to deposit in the mail or deliver for transmission by any
other usual means of communication with postage or cost of
transmission provided for and properly addressed and, in the case
of an instrument, to an address specified thereon or otherwise
agreed or, if there is none, to any address reasonable under the
circumstances; or

(B) in any other way to cause to be received any record or notice
within the time it would have arrived if properly sent.

(37) “Signed” includes using any symbol executed or adopted
with present intention to adopt or accept a writing.

begin insert

(38) “Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert begin delete

(38)

end delete

begin insert (39) end insert  “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.

begin delete

(39)

end delete

begin insert (40) end insert  “Surety” includes a guarantor or other secondary obligor.

begin delete

(40)

end delete

begin insert (41) end insert  “Term” means a portion of an agreement that relates to a
particular matter.

begin delete

(41)

end delete

begin insert (42) end insert  “Unauthorized signature” means a signature made without
actual, implied, or apparent authority. The term includes a forgery.

begin delete

(42)

end delete

begin insert (43) end insert  “Warehouse receipt” means a receipt issued by a person
engaged in the business of storing goods for hire.

begin delete

(43)

end delete

begin insert (44) end insert  “Writing” includes printing, typewriting, or any other
intentional reduction to tangible form. “Written” has a
corresponding meaning.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Corporations Code end insert begin insert , to
read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 15. end delete
begin insert SEC. 20. end insert   

Section 158 of the Corporations Code is amended to
read:

158.  

(a) “Close corporation” means a corporation, including
a close social purpose corporation, whose articles contain, in
addition to the provisions required by Section 202, a provision that
all of the corporation’s issued shares of all classes shall be held of
record by not more than a specified number of persons, not
exceeding 35, and a statement “This corporation is a close
corporation.”

(b) The special provisions referred to in subdivision (a) may be
included in the articles by amendment, but if such amendment is
adopted after the issuance of shares only by the affirmative vote
of all of the issued and outstanding shares of all classes.

(c) The special provisions referred to in subdivision (a) may be
deleted from the articles by amendment, or the number of
shareholders specified may be changed by amendment, but if such
amendment is adopted after the issuance of shares, only by the
affirmative vote of at least two-thirds of each class of the
outstanding shares; provided, however, that the articles may
provide for a lesser vote, but not less than a majority of the
outstanding shares, or may deny a vote to any class, or both.

(d) In determining the number of shareholders for the purposes
of the provision in the articles authorized by this section, spouses
and the personal representative of either begin insert or domestic partners and
the personal representative of either end insert shall be counted as one
regardless of how shares may be held by either or both of them, a
trust or personal representative of a decedent holding shares shall
be counted as one regardless of the number of trustees or
beneficiaries, and a partnership or corporation or business
association holding shares shall be counted as one (except that any
such trust or entity the primary purpose of which was the
acquisition or voting of the shares shall be counted according to
the number of beneficial interests therein).

(e) A corporation shall cease to be a close corporation upon the
filing of an amendment to its articles pursuant to subdivision (c)
or, if it shall have more than the maximum number of holders of
record of its shares specified in its articles as a result of an inter
vivos transfer of shares which is not void under subdivision (d) of
Section 418, the transfer of shares on distribution by will or
pursuant to the laws of descent and distribution, the dissolution of
a partnership or corporation or business association, or the
termination of a trust which holds shares, by court decree upon
dissolution of a marriage or otherwise by operation of law.
Promptly upon acquiring more than the specified number of holders
of record of its shares, a close corporation shall execute and file
an amendment to its articles deleting the special provisions referred
to in subdivision (a) and deleting any other provisions not
permissible for a corporation which is not a close corporation,
which amendment shall be promptly approved and filed by the
board and need not be approved by the outstanding shares.

(f) Nothing contained in this section shall invalidate any
agreement among the shareholders to vote for the deletion from
the articles of the special provisions referred to in subdivision (a)
upon the lapse of a specified period of time or upon the occurrence
of a certain event or condition or otherwise.

(g) The following sections contain specific references to close
corporations: Sections 186, 202, 204, 300, 418, 421, 1111, 1201,
1800, and 1904.

begin delete SEC. 16. end delete
begin insert SEC. 21. end insert   

Section 704 of the Corporations Code is amended to
read:

704.  

If shares stand of record in the names of two or more
persons, whether fiduciaries, members of a partnership, joint
tenants, tenants in common, spouses begin insert or domestic partners end insert as
community property, tenants by the entirety, voting trustees,
persons entitled to vote under a shareholder voting agreement or
otherwise, or if two or more persons (including proxyholders) have
the same fiduciary relationship respecting the same shares, unless
the secretary of the corporation is given written notice to the
contrary and is furnished with a copy of the instrument or order
appointing them or creating the relationship wherein it is so
provided, their acts with respect to voting shall have the following
effect:

 
(1) If only one votes, such act binds all;

 
(2) If more than one vote, the act of the majority so voting
binds all;

 
(3) If more than one vote, but the vote is evenly split on any
particular matter, each faction may vote the securities in question
proportionately.

If the instrument so filed or the registration of the shares shows
that any such tenancy is held in unequal interests, a majority or
even split for the purpose of this section shall be a majority or even
split in interest.

begin delete SEC. 17. end delete
begin insert SEC. 22. end insert   

Section 5612 of the Corporations Code is amended
to read:

5612.  

If a membership stands of record in the names of two or
more persons, whether fiduciaries, members of a partnership, joint
tenants, tenants in common, spouses begin insert or domestic partners end insert as
community property, tenants by the entirety, or otherwise, or if
two or more persons (including proxyholders) have the same
fiduciary relationship respecting the same membership, unless the
secretary of the corporation is given written notice to the contrary
and is furnished with a copy of the instrument or order appointing
them or creating the relationship wherein it is so provided, their
acts with respect to voting shall have the following effect:

(a) If only one votes, such act binds all;

(b) If more than one vote, the act of the majority so voting binds
all.

begin delete SEC. 18. end delete
begin insert SEC. 23. end insert   

Section 7612 of the Corporations Code is amended
to read:

7612.  

If a membership stands of record in the names of two or
more persons, whether fiduciaries, members of a partnership, joint
tenants, tenants in common, spouses begin insert or domestic partners end insert as
community property, tenants by the entirety, persons entitled to
vote under a voting agreement or otherwise, or if two or more
persons (including proxyholders) have the same fiduciary
relationship respecting the same membership, unless the secretary
of the corporation is given written notice to the contrary and is
furnished with a copy of the instrument or order appointing them
or creating the relationship wherein it is so provided, their acts
with respect to voting shall have the following effect:

(a) If only one votes, such act binds all; or

(b) If more than one vote, the act of the majority so voting binds
all.

begin delete SEC. 19. end delete
begin insert SEC. 24. end insert   

Section 12482 of the Corporations Code is amended
to read:

12482.  

Unless otherwise provided in the articles or bylaws, if
a membership stands of record in the names of two or more
persons, whether fiduciaries, members of a partnership, joint
tenants, tenants in common, spouses begin insert or domestic partners end insert as
community property, tenants by the entirety, persons entitled to
vote under a voting agreement or otherwise, or if two or more
persons have the same fiduciary relationship respecting the same
membership, unless the secretary of the corporation is given written
notice to the contrary and is furnished with a copy of the instrument
or order appointing them or creating the relationship wherein it is
so provided, their acts with respect to voting shall have the
following effect:

(a) If only one vote, such act binds all; or

(b) If more than one vote, the act of the majority so voting binds
all.

begin delete SEC. 20. end delete
begin insert SEC. 25. end insert   

Section 25102 of the Corporations Code is amended
to read:

25102.  

The following transactions are exempted from the
provisions of Section 25110:

(a) Any offer (but not a sale) not involving any public offering
and the execution and delivery of any agreement for the sale of
securities pursuant to the offer if (1) the agreement contains
substantially the following provision: “The sale of the securities
that are the subject of this agreement has not been qualified with
the Commissioner of Corporations of the State of California and
the issuance of the securities or the payment or receipt of any part
of the consideration therefor prior to the qualification is unlawful,
unless the sale of securities is exempt from the qualification by
Section 25100, 25102, or 25105 of the California Corporations
Code. The rights of all parties to this agreement are expressly
conditioned upon the qualification being obtained, unless the sale
is so exempt”; and (2) no part of the purchase price is paid or
received and none of the securities are issued until the sale of the
securities is qualified under this law unless the sale of securities
is exempt from the qualification by this section, Section 25100,
or 25105.

(b) Any offer (but not a sale) of a security for which a
registration statement has been filed under the Securities Act of
1933 but has not yet become effective, or for which an offering
statement under Regulation A has been filed but has not yet been
qualified, if no stop order or refusal order is in effect and no public
proceeding or examination looking towards an order is pending
under Section 8 of the act and no order under Section 25140 or
subdivision (a) of Section 25143 is in effect under this law.

(c) Any offer (but not a sale) and the execution and delivery of
any agreement for the sale of securities pursuant to the offer as
may be permitted by the commissioner upon application. Any
negotiating permit under this subdivision shall be conditioned to
the effect that none of the securities may be issued and none of
the consideration therefor may be received or accepted until the
sale of the securities is qualified under this law.

(d) Any transaction or agreement between the issuer and an
underwriter or among underwriters if the sale of the securities is
qualified, or exempt from qualification, at the time of distribution
thereof in this state, if any.

(e) Any offer or sale of any evidence of indebtedness, whether
secured or unsecured, and any guarantee thereof, in a transaction
not involving any public offering.

(f) Any offer or sale of any security in a transaction (other than
an offer or sale to a pension or profit-sharing trust of the issuer)
that meets each of the following criteria:

(1) Sales of the security are not made to more than 35 persons,
including persons not in this state.

(2) All purchasers either have a preexisting personal or business
relationship with the offeror or any of its partners, officers,
directors or controlling persons, or managers (as appointed or
elected by the members) if the offeror is a limited liability
company, or by reason of their business or financial experience or
the business or financial experience of their professional advisers
who are unaffiliated with and who are not compensated by the
issuer or any affiliate or selling agent of the issuer, directly or
indirectly, could be reasonably assumed to have the capacity to
protect their own interests in connection with the transaction.

(3) Each purchaser represents that the purchaser is purchasing
for the purchaser’s own account (or a trust account if the purchaser
is a trustee) and not with a view to or for sale in connection with
any distribution of the security.

(4) The offer and sale of the security is not accomplished by
the publication of any advertisement. The number of purchasers
referred to above is exclusive of any described in subdivision (i),
any officer, director, or affiliate of the issuer, or manager (as
appointed or elected by the members) if the issuer is a limited
liability company, and any other purchaser who the commissioner
designates by rule. For purposes of this section, spouses begin insert or
domestic partners end insert (together with any custodian or trustee acting
for the account of their minor children) are counted as one person
and a partnership, corporation, or other organization that was not
specifically formed for the purpose of purchasing the security
offered in reliance upon this exemption, is counted as one person.
The commissioner shall by rule require the issuer to file a notice
of transactions under this subdivision.

The failure to file the notice or the failure to file the notice within
the time specified by the rule of the commissioner shall not affect
the availability of the exemption. Any issuer that fails to file the
notice as provided by rule of the commissioner shall, within 15
business days after discovery of the failure to file the notice or
after demand by the commissioner, whichever occurs first, file the
notice and pay to the commissioner a fee equal to the fee payable
had the transaction been qualified under Section 25110. Neither
the filing of the notice nor the failure by the commissioner to
comment thereon precludes the commissioner from taking any
action that the commissioner deems necessary or appropriate under
this division with respect to the offer and sale of the securities.

(g) Any offer or sale of conditional sale agreements, equipment
trust certificates, or certificates of interest or participation therein
or partial assignments thereof, covering the purchase of railroad
rolling stock or equipment or the purchase of motor vehicles,
aircraft, or parts thereof, in a transaction not involving any public
offering.

(h) Any offer or sale of voting common stock by a corporation
incorporated in any state if, immediately after the proposed sale
and issuance, there will be only one class of stock of the
corporation outstanding that is owned beneficially by no more than
35 persons, provided all of the following requirements have been
met:

(1) The offer and sale of the stock is not accompanied by the
publication of any advertisement, and no selling expenses have
been given, paid, or incurred in connection therewith.

(2) The consideration to be received by the issuer for the stock
to be issued consists of any of the following:

(A) Only assets (which may include cash) of an existing business
enterprise transferred to the issuer upon its initial organization, of
which all of the persons who are to receive the stock to be issued
pursuant to this exemption were owners during, and the enterprise
was operated for, a period of not less than one year immediately
preceding the proposed issuance, and the ownership of the
enterprise immediately prior to the proposed issuance was in the
same proportions as the shares of stock are to be issued.

(B) Only cash or cancellation of indebtedness for money
borrowed, or both, upon the initial organization of the issuer,
provided all of the stock is issued for the same price per share.

(C) Only cash, provided the sale is approved in writing by each
of the existing shareholders and the purchaser or purchasers are
existing shareholders.

(D) In a case where after the proposed issuance there will be
only one owner of the stock of the issuer, only any legal
consideration.

(3) No promotional consideration has been given, paid, or
incurred in connection with the issuance. Promotional consideration
means any consideration paid directly or indirectly to a person
who, acting alone or in conjunction with one or more other persons,
takes the initiative in founding and organizing the business or
enterprise of an issuer for services rendered in connection with the
founding or organizing.

(4) A notice in a form prescribed by rule of the commissioner,
signed by an active member of the State Bar of California, is filed
with or mailed for filing to the commissioner not later than 10
business days after receipt of consideration for the securities by
the issuer. That notice shall contain an opinion of the member of
the State Bar of California that the exemption provided by this
subdivision is available for the offer and sale of the securities. The
failure to file the notice as required by this subdivision and the
rules of the commissioner shall not affect the availability of this
exemption. An issuer who fails to file the notice within the time
specified by this subdivision shall, within 15 business days after
discovery of the failure to file the notice or after demand by the
commissioner, whichever occurs first, file the notice and pay to
the commissioner a fee equal to the fee payable had the transaction
been qualified under Section 25110. The notice, except when filed
on behalf of a California corporation, shall be accompanied by an
irrevocable consent, in the form that the commissioner by rule
prescribes, appointing the commissioner or his or her successor in
office to be the issuer’s attorney to receive service of any lawful
process in any noncriminal suit, action, or proceeding against it
or its successor that arises under this law or any rule or order
hereunder after the consent has been filed, with the same force and
validity as if served personally on the issuer. An issuer on whose
behalf a consent has been filed in connection with a previous
qualification or exemption from qualification under this law (or
application for a permit under any prior law if the application or
notice under this law states that the consent is still effective) need
not file another. Service may be made by leaving a copy of the
process in the office of the commissioner, but it is not effective
unless (A) the plaintiff, who may be the commissioner in a suit,
action, or proceeding instituted by him or her, forthwith sends
notice of the service and a copy of the process by registered or
certified mail to the defendant or respondent at its last address on
file with the commissioner, and (B) the plaintiff’s affidavit of
compliance with this section is filed in the case on or before the
return day of the process, if any, or within the further time as the
court allows.

(5) Each purchaser represents that the purchaser is purchasing
for the purchaser’s own account, or a trust account if the purchaser
is a trustee, and not with a view to or for sale in connection with
any distribution of the stock.

For the purposes of this subdivision, all securities held by
begin delete spouses, end delete begin insert spouses or domestic partners, end insert whether or not jointly, shall
be considered to be owned by one person, and all securities held
by a corporation that has issued stock pursuant to this exemption
shall be considered to be held by the shareholders to whom it has
issued the stock.

All stock issued by a corporation pursuant to this subdivision as
it existed prior to the effective date of the amendments to this
section made during the 1996 portion of the 1995-96 Regular
Session that required the issuer to have stamped or printed
prominently on the face of the stock certificate a legend in a form
prescribed by rule of the commissioner restricting transfer of the
stock in a manner provided for by that rule shall not be subject to
the transfer restriction legend requirement and, by operation of
law, the corporation is authorized to remove that transfer restriction
legend from the certificates of those shares of stock issued by the
corporation pursuant to this subdivision as it existed prior to the
effective date of the amendments to this section made during the
1996 portion of the 1995-96 Regular Session.

(i) Any offer or sale (1) to a bank, savings and loan association,
trust company, insurance company, investment company registered
under the Investment Company Act of 1940, pension or
profit-sharing trust (other than a pension or profit-sharing trust of
the issuer, a self-employed individual retirement plan, or individual
retirement account), or other institutional investor or governmental
agency or instrumentality that the commissioner may designate
by rule, whether the purchaser is acting for itself or as trustee, or
(2) to any corporation with outstanding securities registered under
Section 12 of the Securities Exchange Act of 1934 or any wholly
owned subsidiary of the corporation that after the offer and sale
will own directly or indirectly 100 percent of the outstanding
capital stock of the issuer, provided the purchaser represents that
it is purchasing for its own account (or for the trust account) for
investment and not with a view to or for sale in connection with
any distribution of the security.

(j) Any offer or sale of any certificate of interest or participation
in an oil or gas title or lease (including subsurface gas storage and
payments out of production) if either of the following apply:

(1) All of the purchasers meet one of the following requirements:

(A) Are and have been during the preceding two years engaged
primarily in the business of drilling for, producing, or refining oil
or gas (or whose corporate predecessor, in the case of a corporation,
has been so engaged).

(B) Are persons described in paragraph (1) of subdivision (i).

(C) Have been found by the commissioner upon written
application to be substantially engaged in the business of drilling
for, producing, or refining oil or gas so as not to require the
protection provided by this law (which finding shall be effective
until rescinded).

(2) The security is concurrently hypothecated to a bank in the
ordinary course of business to secure a loan made by the bank,
provided that each purchaser represents that it is purchasing for
its own account for investment and not with a view to or for sale
in connection with any distribution of the security.

(k) Any offer or sale of any security under, or pursuant to, a
plan of reorganization under Chapter 11 of the federal bankruptcy
law that has been confirmed or is subject to confirmation by the
decree or order of a court of competent jurisdiction.

(l) Any offer or sale of an option, warrant, put, call, or straddle,
and any guarantee of any of these securities, by a person who is
not the issuer of the security subject to the right, if the transaction,
had it involved an offer or sale of the security subject to the right
by the person, would not have violated Section 25110 or 25130.

(m) Any offer or sale of a stock to a pension, profit-sharing,
stock bonus, or employee stock ownership plan, provided that (1)
the plan meets the requirements for qualification under Section
401 of the Internal Revenue Code, and (2) the employees are not
required or permitted individually to make any contributions to
the plan. The exemption provided by this subdivision shall not be
affected by whether the stock is contributed to the plan, purchased
from the issuer with contributions by the issuer or an affiliate of
the issuer, or purchased from the issuer with funds borrowed from
the issuer, an affiliate of the issuer, or any other lender.

(n) Any offer or sale of any security in a transaction, other than
an offer or sale of a security in a rollup transaction, that meets all
of the following criteria:

(1) The issuer is (A) a California corporation or foreign
corporation that, at the time of the filing of the notice required
under this subdivision, is subject to Section 2115, or (B) any other
form of business entity, including without limitation a partnership
or trust organized under the laws of this state. The exemption
provided by this subdivision is not available to a “blind pool”
issuer, as that term is defined by the commissioner, or to an
investment company subject to the Investment Company Act of
1940.

(2) Sales of securities are made only to qualified purchasers or
other persons the issuer reasonably believes, after reasonable
inquiry, to be qualified purchasers. A corporation, partnership, or
other organization specifically formed for the purpose of acquiring
the securities offered by the issuer in reliance upon this exemption
may be a qualified purchaser if each of the equity owners of the
corporation, partnership, or other organization is a qualified
purchaser. Qualified purchasers include the following:

(A) A person designated in Section 260.102.13 of Title 10 of
the California Code of Regulations.

(B) A person designated in subdivision (i) or any rule of the
commissioner adopted thereunder.

(C) A pension or profit-sharing trust of the issuer, a
self-employed individual retirement plan, or an individual
retirement account, if the investment decisions made on behalf of
the trust, plan, or account are made solely by persons who are
qualified purchasers.

(D) An organization described in Section 501(c)(3) of the
Internal Revenue Code, corporation, Massachusetts or similar
business trust, or partnership, each with total assets in excess of
five million dollars ($5,000,000) according to its most recent
audited financial statements.

(E) With respect to the offer and sale of one class of voting
common stock of an issuer or of preferred stock of an issuer
entitling the holder thereof to at least the same voting rights as the
issuer’s one class of voting common stock, provided that the issuer
has only one-class voting common stock outstanding upon
consummation of the offer and sale, a natural person who, either
individually or jointly with the person’s begin delete spouse, end delete begin insert spouse or domestic
partner, end insert (i) has a minimum net worth of two hundred fifty thousand
dollars ($250,000) and had, during the immediately preceding tax
year, gross income in excess of one hundred thousand dollars
($100,000) and reasonably expects gross income in excess of one
hundred thousand dollars ($100,000) during the current tax year
or (ii) has a minimum net worth of five hundred thousand dollars
($500,000). “Net worth” shall be determined exclusive of home,
home furnishings, and automobiles. Other assets included in the
computation of net worth may be valued at fair market value.

Each natural person specified above, by reason of his or her
business or financial experience, or the business or financial
experience of his or her professional adviser, who is unaffiliated
with and who is not compensated, directly or indirectly, by the
issuer or any affiliate or selling agent of the issuer, can be
reasonably assumed to have the capacity to protect his or her
interests in connection with the transaction. The amount of the
investment of each natural person shall not exceed 10 percent of
the net worth, as determined by this subparagraph, of that natural
person.

(F) Any other purchaser designated as qualified by rule of the
commissioner.

(3) Each purchaser represents that the purchaser is purchasing
for the purchaser’s own account (or trust account, if the purchaser
is a trustee) and not with a view to or for sale in connection with
a distribution of the security.

(4) Each natural person purchaser, including a corporation,
partnership, or other organization specifically formed by natural
persons for the purpose of acquiring the securities offered by the
issuer, receives, at least five business days before securities are
sold to, or a commitment to purchase is accepted from, the
purchaser, a written offering disclosure statement that shall meet
the disclosure requirements of Regulation D (17 C.F.R. 230.501
et seq.), and any other information as may be prescribed by rule
of the commissioner, provided that the issuer shall not be obligated
pursuant to this paragraph to provide this disclosure statement to
a natural person qualified under Section 260.102.13 of Title 10 of
the California Code of Regulations. The offer or sale of securities
pursuant to a disclosure statement required by this paragraph that
is in violation of Section 25401, or that fails to meet the disclosure
requirements of Regulation D (17 C.F.R. 230.501 et seq.), shall
not render unavailable to the issuer the claim of an exemption from
Section 25110 afforded by this subdivision. This paragraph does
not impose, directly or indirectly, any additional disclosure
obligation with respect to any other exemption from qualification
available under any other provision of this section.

(5) (A) A general announcement of proposed offering may be
published by written document only, provided that the general
announcement of proposed offering sets forth the following
required information:

(i) The name of the issuer of the securities.

(ii) The full title of the security to be issued.

(iii) The anticipated suitability standards for prospective
purchasers.

(iv) A statement that (I) no money or other consideration is
being solicited or will be accepted, (II) an indication of interest
made by a prospective purchaser involves no obligation or
commitment of any kind, and, if the issuer is required by paragraph
(4) to deliver a disclosure statement to prospective purchasers,
(III) no sales will be made or commitment to purchase accepted
until five business days after delivery of a disclosure statement
and subscription information to the prospective purchaser in
accordance with the requirements of this subdivision.

(v) Any other information required by rule of the commissioner.

(vi) The following legend: “For more complete information
about (Name of Issuer) and (Full Title of Security), send for
additional information from (Name and Address) by sending this
coupon or calling (Telephone Number).”

(B) The general announcement of proposed offering referred
to in subparagraph (A) may also set forth the following
information:

(i) A brief description of the business of the issuer.

(ii) The geographic location of the issuer and its business.

(iii) The price of the security to be issued, or, if the price is not
known, the method of its determination or the probable price range
as specified by the issuer, and the aggregate offering price.

(C) The general announcement of proposed offering shall
contain only the information that is set forth in this paragraph.

(D) Dissemination of the general announcement of proposed
offering to persons who are not qualified purchasers, without more,
shall not disqualify the issuer from claiming the exemption under
this subdivision.

(6) No telephone solicitation shall be permitted until the issuer
has determined that the prospective purchaser to be solicited is a
qualified purchaser.

(7) The issuer files a notice of transaction under this subdivision
both (A) concurrent with the publication of a general announcement
of proposed offering or at the time of the initial offer of the
securities, whichever occurs first, accompanied by a filing fee, and
(B) within 10 business days following the close or abandonment
of the offering, but in no case more than 210 days from the date
of filing the first notice. The first notice of transaction under
subparagraph (A) shall contain an undertaking, in a form acceptable
to the commissioner, to deliver any disclosure statement required
by paragraph (4) to be delivered to prospective purchasers, and
any supplement thereto, to the commissioner within 10 days of
the commissioner’s request for the information. The exemption
from qualification afforded by this subdivision is unavailable if
an issuer fails to file the first notice required under subparagraph
(A) or to pay the filing fee. The commissioner has the authority
to assess an administrative penalty of up to one thousand dollars
($1,000) against an issuer that fails to deliver the disclosure
statement required to be delivered to the commissioner upon the
commissioner’s request within the time period set forth above.
Neither the filing of the disclosure statement nor the failure by the
commissioner to comment thereon precludes the commissioner
from taking any action deemed necessary or appropriate under this
division with respect to the offer and sale of the securities.

(o) An offer or sale of any security issued by a corporation or
limited liability company pursuant to a purchase plan or agreement,
or issued pursuant to an option plan or agreement, where the
security at the time of issuance or grant is exempt from registration
under the Securities Act of 1933, as amended, pursuant to Rule
701 adopted pursuant to that act (17 C.F.R. 230.701), the provisions
of which are hereby incorporated by reference into this section,
provided that (1) the terms of any purchase plan or agreement shall
comply with Sections 260.140.42, 260.140.45, and 260.140.46 of
Title 10 of the California Code of Regulations, (2) the terms of
any option plan or agreement shall comply with Sections
260.140.41, 260.140.45, and 260.140.46 of Title 10 of the
California Code of Regulations, and (3) the issuer files a notice of
transaction in accordance with rules adopted by the commissioner
no later than 30 days after the initial issuance of any security under
that plan, accompanied by a filing fee as prescribed by subdivision
(y) of Section 25608. The failure to file the notice of transaction
within the time specified in this subdivision shall not affect the
availability of this exemption. An issuer that fails to file the notice
shall, within 15 business days after discovery of the failure to file
the notice or after demand by the commissioner, whichever occurs
first, file the notice and pay the commissioner a fee equal to the
maximum aggregate fee payable had the transaction been qualified
under Section 25110.

Offers and sales exempt pursuant to this subdivision shall be
deemed to be part of a single, discrete offering and are not subject
to integration with any other offering or sale, whether qualified
under Chapter 2 (commencing with Section 25110), or otherwise
exempt, or not subject to qualification.

(p) An offer or sale of nonredeemable securities to accredited
investors (Section 28031) by a person licensed under the Capital
Access Company Law (Division 3 (commencing with Section
28000) of Title 4), provided that all purchasers either (1) have a
preexisting personal or business relationship with the offeror or
any of its partners, officers, directors, controlling persons, or
managers (as appointed or elected by the members), or (2) by
reason of their business or financial experience or the business or
financial experience of their professional advisers who are
unaffiliated with and who are not compensated by the issuer or
any affiliate or selling agent of the issuer, directly or indirectly,
could be reasonably assumed to have the capacity to protect their
own interests in connection with the transaction. All nonredeemable
securities shall be evidenced by certificates that shall have stamped
or printed prominently on their face a legend in a form to be
prescribed by rule or order of the commissioner restricting transfer
of the securities in the manner as the rule or order provides. The
exemption under this subdivision shall not be available for any
offering that is exempt or asserted to be exempt pursuant to Section
3(a)(11) of the Securities Act of 1933 (15 U.S.C. Sec. 77c(a)(11))
or Rule 147 (17 C.F.R. 230.147) thereunder or otherwise is
conducted by means of any form of general solicitation or general
advertising.

(q) Any offer or sale of any viatical or life settlement contract
or fractionalized or pooled interest therein in a transaction that
meets all of the following criteria:

(1) Sales of securities described in this subdivision are made
only to qualified purchasers or other persons the issuer reasonably
believes, after reasonable inquiry, to be qualified purchasers. A
corporation, partnership, or other organization specifically formed
for the purpose of acquiring the securities offered by the issuer in
reliance upon this exemption may be a qualified purchaser only if
each of the equity owners of the corporation, partnership, or other
organization is a qualified purchaser. Qualified purchasers include
the following:

(A) A person designated in Section 260.102.13 of Title 10 of
the California Code of Regulations.

(B) A person designated in subdivision (i) or any rule of the
commissioner adopted thereunder.

(C) A pension or profit-sharing trust of the issuer, a
self-employed individual retirement plan, or an individual
retirement account, if the investment decisions made on behalf of
the trust, plan, or account are made solely by persons who are
qualified purchasers.

(D) An organization described in Section 501(c)(3) of the
Internal Revenue Code, corporation, Massachusetts or similar
business trust, or partnership, each with total assets in excess of
five million dollars ($5,000,000) according to its most recent
audited financial statements.

(E) A natural person who, either individually or jointly with the
person’s begin delete spouse, end delete begin insert spouse or domestic partner, end insert (i) has a minimum
net worth of one hundred fifty thousand dollars ($150,000) and
had, during the immediately preceding tax year, gross income in
excess of one hundred thousand dollars ($100,000) and reasonably
expects gross income in excess of one hundred thousand dollars
($100,000) during the current tax year or (ii) has a minimum net
worth of two hundred fifty thousand dollars ($250,000). “Net
worth” shall be determined exclusive of home, home furnishings,
and automobiles. Other assets included in the computation of net
worth may be valued at fair market value.

Each natural person specified above, by reason of his or her
business or financial experience, or the business or financial
experience of his or her professional adviser, who is unaffiliated
with and who is not compensated, directly or indirectly, by the
issuer or any affiliate or selling agent of the issuer, can be
reasonably assumed to have the capacity to protect his or her
interests in connection with the transaction.

The amount of the investment of each natural person shall not
exceed 10 percent of the net worth, as determined by this
subdivision, of that natural person.

(F) Any other purchaser designated as qualified by rule of the
commissioner.

(2) Each purchaser represents that the purchaser is purchasing
for the purchaser’s own account (or trust account, if the purchaser
is a trustee) and not with a view to or for sale in connection with
a distribution of the security.

(3) Each natural person purchaser, including a corporation,
partnership, or other organization specifically formed by natural
persons for the purpose of acquiring the securities offered by the
issuer, receives, at least five business days before securities
described in this subdivision are sold to, or a commitment to
purchase is accepted from, the purchaser, the following information
in writing:

(A) The name, principal business and mailing address, and
telephone number of the issuer.

(B) The suitability standards for prospective purchasers as set
forth in paragraph (1) of this subdivision.

(C) A description of the issuer’s type of business organization
and the state in which the issuer is organized or incorporated.

(D) A brief description of the business of the issuer.

(E) If the issuer retains ownership or becomes the beneficiary
of the insurance policy, an audit report of an independent certified
public accountant together with a balance sheet and related
statements of income, retained earnings, and cashflows that reflect
the issuer’s financial position, the results of the issuer’s operations,
and the issuer’s cashflows as of a date within 15 months before
the date of the initial issuance of the securities described in this
subdivision. The financial statements listed in this subparagraph
shall be prepared in conformity with generally accepted accounting
principles. If the date of the audit report is more than 120 days
before the date of the initial issuance of the securities described
in this subdivision, the issuer shall provide unaudited interim
financial statements.

(F) The names of all directors, officers, partners, members, or
trustees of the issuer.

(G) A description of any order, judgment, or decree that is final
as to the issuing entity of any state, federal, or foreign country
governmental agency or administrator, or of any state, federal, or
foreign country court of competent jurisdiction (i) revoking,
suspending, denying, or censuring for cause any license, permit,
or other authority of the issuer or of any director, officer, partner,
member, trustee, or person owning or controlling, directly or
indirectly, 10 percent or more of the outstanding interest or equity
securities of the issuer, to engage in the securities, commodities,
franchise, insurance, real estate, or lending business or in the offer
or sale of securities, commodities, franchises, insurance, real estate,
or loans, (ii) permanently restraining, enjoining, barring,
suspending, or censuring any such person from engaging in or
continuing any conduct, practice, or employment in connection
with the offer or sale of securities, commodities, franchises,
insurance, real estate, or loans, (iii) convicting any such person
of, or pleading nolo contendere by any such person to, any felony
or misdemeanor involving a security, commodity, franchise,
insurance, real estate, or loan, or any aspect of the securities,
commodities, franchise, insurance, real estate, or lending business,
or involving dishonesty, fraud, deceit, embezzlement, fraudulent
conversion, or misappropriation of property, or (iv) holding any
such person liable in a civil action involving breach of a fiduciary
duty, fraud, deceit, embezzlement, fraudulent conversion, or
misappropriation of property. This subparagraph does not apply
to any order, judgment, or decree that has been vacated, overturned,
or is more than 10 years old.

(H) Notice of the purchaser’s right to rescind or cancel the
investment and receive a refund pursuant to Section 25508.5.

(I) The name, address, and telephone number of the issuing
insurance company, and the name, address, and telephone number
of the state or foreign country regulator of the insurance company.

(J) The total face value of the insurance policy and the
percentage of the insurance policy the purchaser will own.

(K) The insurance policy number, issue date, and type.

(L) If a group insurance policy, the name, address, and telephone
number of the group, and, if applicable, the material terms and
conditions of converting the policy to an individual policy,
including the amount of increased premiums.

(M) If a term insurance policy, the term and the name, address,
and telephone number of the person who will be responsible for
renewing the policy if necessary.

(N) That the insurance policy is beyond the state statute for
contestability and the reason therefor.

(O) The insurance policy premiums and terms of premium
payments.

(P) The amount of the purchaser’s moneys that will be set aside
to pay premiums.

(Q) The name, address, and telephone number of the person
who will be the insurance policy owner and the person who will
be responsible for paying premiums.

(R) The date on which the purchaser will be required to pay
premiums and the amount of the premium, if known.

(S) A statement to the effect that any projected rate of return to
the purchaser from the purchase of a viatical or life settlement
contract or a fractionalized or pooled interest therein is based on
an estimated life expectancy for the person insured under the life
insurance policy; that the return on the purchase may vary
substantially from the expected rate of return based upon the actual
life expectancy of the insured that may be less than, equal to, or
may greatly exceed the estimated life expectancy; and that the rate
of return would be higher if the actual life expectancy were less
than, and lower if the actual life expectancy were greater than the
estimated life expectancy of the insured at the time the viatical or
life settlement contract was closed.

(T) A statement that the purchaser should consult with his or
her tax adviser regarding the tax consequences of the purchase of
the viatical or life settlement contract or fractionalized or pooled
interest therein and, if the purchaser is using retirement funds or
accounts for that purchase, whether or not any adverse tax
consequences might result from the use of those funds for the
purchase of that investment.

(U) Any other information as may be prescribed by rule of the
commissioner.

begin delete SEC. 21. end delete
begin insert SEC. 26. end insert   

Section 25206 of the Corporations Code is amended
to read:

25206.  

A broker licensed by the Real Estate Commissioner is
exempt from the provisions of Section 25210 when engaged in
transactions in any interest in any general or limited partnership,
joint venture, unincorporated association, or similar organization
(but not a corporation) owned beneficially by no more than 100
persons and formed for the sole purpose of, and engaged solely
in, investment in or gain from an interest in real property, including,
but not limited to, a sale, exchange, trade, or development. An
interest held by spouses begin insert or domestic partners end insert shall be considered
held by one person for the purposes of this section.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 73.2 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 73.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 22. end delete
begin insert SEC. 28. end insert   

Section 21100 of the Education Code is amended to
read:

21100.  

Any person desiring in his or her lifetime to promote
the public welfare by founding, endowing, and maintaining within
this state a university, college, school, seminary of learning,
mechanical institute, museum, botanic garden, public park, or
gallery of art, or any or all thereof, may, for such purposes, by
grant in writing convey to a trustee, or any number of trustees,
named in the grant, and to their successors, any property, real or
personal, belonging to him or her and situated within this state. If
he or she is married begin insert or in a registered domestic partnership end insert and
the property is community property, then both spouses begin insert or domestic
partners end insert shall join in the grant.

begin delete SEC. 23. end delete
begin insert SEC. 29. end insert   

Section 24803 of the Education Code is amended to
read:

24803.  

(a) If any benefit is payable by a district retirement
system to the estate of a deceased person, whether because the
estate is the beneficiary of the person or because no beneficiary
was designated or because an allowance payable to the person had
accrued and remained unpaid at the date of the death, and the estate
would not be administered if no amount were due from the system,
then the benefit shall be paid directly without procuring letters of
administration to the surviving next of kin of the deceased, or the
guardians of the survivors’ estates, share and share alike. The
payment shall be made in the same order in which the following
groups are listed:

begin delete

(1) Spouse.

end delete begin insert

(1) Spouse or domestic partner.

end insert

(2) Children and issue of deceased children by right of
representation.

(3) Father and mother.

(4) Brothers and sisters.

(5) Nieces and nephews.

(b) Payment may also be made to persons in the groups listed
in subdivision (a) to the extent those persons are the only
beneficiaries under the last will and testament of a deceased former
member of a district retirement system, without the probate of the
will.

begin delete SEC. 24. end delete
begin insert SEC. 30. end insert   

Section 68062 of the Education Code is amended to
read:

68062.  

In determining the place of residence the following
rules are to be observed:

(a) There can only be one residence.

(b) A residence is the place where one remains when not called
elsewhere for labor or other special or temporary purpose, and to
which he or she returns in seasons of repose.

(c) A residence cannot be lost until another is gained.

(d) The residence can be changed only by the union of act and
intent.

(e) A man or woman may establish his or her residence. A
person’s residence shall not be derivative from that of his or her
begin delete spouse. end delete begin insert spouse or domestic partner. end insert

(f) The residence of the parent with whom an unmarried minor
child maintains his or her place of abode is the residence of the
unmarried minor child. When the minor lives with neither parent
his or her residence is that of the parent with whom he or she
maintained his or her last place of abode, provided the minor may
establish his or her residence when both parents are deceased and
a legal guardian has not been appointed.

(g) The residence of an unmarried minor who has a parent living
cannot be changed by his or her own act, by the appointment of a
legal guardian, or by relinquishment of a parent’s right of control.

(h) An alien, including an unmarried minor alien, may establish
his or her residence, unless precluded by the Immigration and
Nationality Act (8 U.S.C. begin insert Sec. end insert 1101, et seq.) from establishing
domicile in the United States.

(i) The residence of an unmarried minor alien shall be derived
from his or her parents pursuant to the provisions of subdivisions
(f) and (g).

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 356.5 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 356.5. end insert   

“Spouse” includes “domestic partner,” as described
in Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 215 is added to the end insert begin insert Evidence Code end insert begin insert , to read: end insert

begin insert

begin insert 215. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 25. end delete
begin insert SEC. 33. end insert   

Section 917 of the Evidence Code is amended to read:

917.  

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

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

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

begin delete SEC. 26. end delete
begin insert SEC. 34. end insert   

Section 980 of the Evidence Code is amended to read:

980.  

Subject to Section 912 and except as otherwise provided
in this article, a spouse begin insert or domestic partner end insert (or his or her guardian
or conservator when he or she has a guardian or conservator),
whether or not a party, has a privilege during the marital begin insert or
domestic partnership end insert relationship and afterwards to refuse to
disclose, and to prevent another from disclosing, a communication
if he or she claims the privilege and the communication was made
in confidence between him or her and the other spouse begin insert or domestic
partner end insert while they were begin delete spouses. end delete begin insert spouses or domestic partners. end insert

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 143 is added to the end insert begin insert Family Code end insert begin insert , to read: end insert

begin insert

begin insert 143. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297.

end insert

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 11.2 is added to the end insert begin insert Financial Code end insert begin insert , to read: end insert

begin insert

begin insert 11.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 27. end delete
begin insert SEC. 37. end insert   

Section 14860 of the Financial Code is amended to
read:

14860.  

Except as provided in this section and Part 2
(commencing with Section 5100) of Division 5 of the Probate
Code, no credit union shall exercise trust powers except upon
qualifying as a trust company pursuant to Division 1 (commencing
with Section 99).

(a) Notwithstanding any other begin delete provisions of end delete law relating to trusts
and trust authority, subject to the regulations of the commissioner,
a credit union may act as a trustee or custodian, and may receive
reasonable compensation for so acting, under any written trust
instrument or custodial agreement created or organized in the
United States which is a part of a pension, education, or medical
plan for its members or groups or organizations of its members,
which qualifies or has qualified for specific tax treatment under
Section 220, 223, 401, 408, 408A, 457, or 530 of the Internal
Revenue Code, Title 26 of the United States Code, or any deferred
compensation plan for the benefit of the credit union’s employees,
provided the funds received pursuant to these plans are invested
as provided in Section 16040 of the Probate Code. All funds held
by a credit union as trustee or in a custodial capacity shall be
maintained in accordance with applicable laws and rules and
regulations as may be promulgated by the Secretary of Labor, the
Secretary of the Treasury, or any other authority exercising
jurisdiction over the trust or custodial accounts. The credit union
shall maintain individual records for each participant or beneficiary
that show in detail all transactions relating to the funds of each
participant or beneficiary.

The trust instrument or agreement shall provide for the
appointment of a successor trustee or custodian by a person,
committee, corporation, or organization other than the credit union
or any person acting in his or her capacity as a director, employee,
or agent of the credit union, upon notice from the credit union or
the commissioner that the credit union is unwilling or unable to
continue to act as trustee or custodian.

(b) Shares may be issued in a revocable or irrevocable trust
subject to the following:

(1) When shares are issued in a revocable trust, the settlor shall
be a member of the credit union issuing the shares in his or her
own right. If the trust has joint begin delete settlers, end delete begin insert settlors, end insert who are begin delete spouses, end delete
begin insert spouses or domestic partners, end insert then only one settlor need be a
member of the credit union.

(2) When shares are issued in an irrevocable trust, the settlor or
the beneficiary shall be a member of this credit union in his or her
own right. For purposes of this section, shares issued pursuant to
a pension plan authorized by this section shall be treated as an
irrevocable trust unless otherwise indicated in rules and regulations
issued by the commissioner.

(3) This subdivision does not apply to trust accounts established
prior to the effective date of this subdivision.

begin delete SEC. 28. end delete
begin insert SEC. 38. end insert   

Section 18220 of the Financial Code is amended to
read:

18220.  

An industrial loan company shall not induce any begin delete spouses end delete
begin insert spouses or domestic partners, end insert jointly or severally, to become
obligated, directly or contingently or both, under more than one
contract of loan at the same time, with the result of obtaining a
higher rate of charge than would otherwise be permitted by this
division.

begin delete SEC. 29. end delete
begin insert SEC. 39. end insert   

Section 18523 of the Financial Code is amended to
read:

18523.  

The following described thrift obligations will be
guaranteed by Guaranty Corporation in the amounts hereinafter
set forth below:

(a) Single ownership investment certificates. Funds owned by
an individual and invested in the manner set forth below shall be
added together and guaranteed up to fifty thousand dollars
($50,000) in the aggregate.

(1) Individual investment certificates (or investment certificates
of the marital community of which the individual is a member)
and invested in one or more investment certificates in his or her
own name shall be guaranteed up to fifty thousand dollars
($50,000) in the aggregate.

(2) Funds owned by a principal and invested in one or more
investment certificates in the name or names of agents or nominees
shall be added to any individual investment certificates of the
principal and guaranteed up to fifty thousand dollars ($50,000) in
the aggregate.

(3)  Investment certificates held by guardians, custodians, or
conservators for the benefit of their wards or for the benefit of a
minor under a Uniform Gifts to Minors Act and invested in one
or more investment certificates in the name of the guardian,
custodian, or conservator shall be added to any individual
investment certificates of the ward or minor and guaranteed up to
fifty thousand dollars ($50,000) in the aggregate.

(b) Testamentary investment certificates.

(1) Funds owned by an individual and invested in a revocable
trust investment certificate, tentative trust investment certificate,
payable-on-death investment certificate, or similar investment
certificate evidencing an intention that on his or her death the funds
shall belong to his or her spouse, begin delete child end delete begin insert domestic partner, child, end insert or
grandchild, shall be guaranteed up to fifty thousand dollars
($50,000) in the aggregate, as to each such named beneficiary,
separately from any other investment certificates of the owner.

(2) If the named beneficiary of such an investment certificate
is other than the owner’s spouse, begin delete child end delete begin insert domestic partner, child, end insert or
grandchild, the funds in the investment certificate shall be added
to any individual investment certificates of such owner and
guaranteed up to fifty thousand dollars ($50,000) in the aggregate,
separately from the individual investment certificates of the
beneficiaries of the estate or of the executor or administrator.

(c)  Investment certificates held by executors or administrators.
Funds of a decedent held in the name of the decedent or in the
name of the executor or administrator of his or her estate and
invested in one or more investment certificates shall be guaranteed
up to fifty thousand dollars ($50,000) in the aggregate, separately
from the individual investment certificates of the beneficiaries of
the estate or of the executor or administrator.

(d) Corporation or partnership investment certificates.
Investment certificates of a corporation or partnership engaged in
any independent activity shall be guaranteed up to fifty thousand
dollars ($50,000) in the aggregate. An investment certificate of a
corporation or partnership not engaged in an independent activity
shall be deemed to be owned by the person or persons owning
such corporation or comprising such partnership and, for guarantee
purposes, the interest of each person in the investment certificate
shall be added to any other investment certificates individually
owned by such person and guaranteed up to fifty thousand dollars
($50,000) in the aggregate. The term “independent activity” means
any activity other than one directed solely at increasing guarantee
coverage under this chapter.

(e) Unincorporated associations. Investment certificates of an
unincorporated association engaged in any independent activity
shall be guaranteed up to fifty thousand dollars ($50,000) in the
aggregate. An investment certificate of an unincorporated
association not engaged in an independent activity shall be deemed
to be owned by the persons comprising such association and, for
guarantee purposes, the interest of each owner in the investment
certificate shall be added to any other investment certificates
individually owned by such person and guaranteed up to fifty
thousand dollars ($50,000) in the aggregate.

(f) Joint investment certificates.

(1) Investment certificates owned jointly, whether as joint
tenants with right of survivorship, as tenants by the entireties, as
tenants in common, or by spouses begin insert or domestic partners end insert as
community property, shall be guaranteed separately from
investment certificates individually owned by the begin delete co-owners. end delete
begin insert coowners. end insert

(2) A joint investment certificate shall be deemed to exist, for
purposes of guarantee of investment certificates, only if each
begin delete co-owner end delete begin insert coowner end insert has personally executed an investment
certificate signature card and possesses redemption rights.

(3) An investment certificate owned jointly which does not
qualify as a joint investment certificate for purposes of guarantee
of investment certificates shall be treated as owned by the named
persons as individuals and the actual ownership interest of each
such person in such investment certificate shall be added to any
other investment certificates individually owned by such person
and guaranteed up to fifty thousand dollars ($50,000) in the
aggregate.

(4) All joint investment certificates owned by the same
combination of individuals shall first be added together and
guaranteed up to fifty thousand dollars ($50,000) in the aggregate.

(5) The interest of each begin delete co-owner end delete begin insert coowner end insert in all joint investment
certificates owned by different combinations of individuals shall
then be added together and guaranteed up to fifty thousand dollars
($50,000) in the aggregate.

(g) Trust investment certificates. All trust interests for the same
beneficiary invested in investment certificates established pursuant
to valid trust arrangements created by the same settlor (grantor)
shall be added together and guaranteed up to fifty thousand dollars
($50,000) in the aggregate, separately from other investment
certificates of the trustee of such trust funds or the settlor or
beneficiary of such trust arrangements.

(h) Thrift obligations withdrawn by checks that have not cleared
a member’s bank account at the time the commissioner has taken
possession of the property and business of a member. The owner
of the funds represented by such a check shall be recognized for
all purposes of a claim for guaranteed thrift obligations to the same
extent as if his or her name and interest were disclosed on the
records of the member.

begin delete SEC. 30. end delete
begin insert SEC. 40. end insert   

Section 22327 of the Financial Code is amended to
read:

22327.  

No licensee shall knowingly induce any borrower to
split up or divide any loan with any other licensee. No licensee
shall induce or permit any borrower to be or to become obligated
directly or indirectly, or both, under more than one contract of loan
at the same time with the same licensee for the purpose or with
the result of obtaining a higher rate of charge than would otherwise
be permitted by this article, except as otherwise required by the
federal Equal Credit Opportunity Act (15 U.S.C. Sec. 1691 et seq.;
Public Law 93-495) and Regulation B promulgated by the Board
of Governors of the Federal Reserve System (12 C.F.R. 202 et
seq.). For the purpose of this section, “borrower” includes any
begin delete spouses, end delete begin insert spouses or domestic partners, end insert whether jointly or severally
obligated.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 9.2 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

begin insert

begin insert 9.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 31. end delete
begin insert SEC. 42. end insert   

Section 8552.3 of the Fish and Game Code is amended
to read:

8552.3.  

The commission may, in consultation with
representatives of the commercial herring roe fishery, and after
holding at least one public hearing, adopt regulations intended to
facilitate the transfer of herring permits, including, but not limited
to, regulations that would do the following:

(a) Allow an individual to own a single permit for each of the
different herring gillnet platoons in San Francisco Bay.

(b) Eliminate the point system for qualifying for a herring
permit.

(c) Allow a herring permit to be passed from a parent to child,
or between begin delete spouses. end delete begin insert spouses or domestic partners. end insert

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 36 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 36. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 32. end delete
begin insert SEC. 45. end insert   

Section 9359.9 of the Government Code is amended
to read:

9359.9.  

begin insert (a) end insert begin insert   end insert If a beneficiary is not designated, or if the estate
is the beneficiary and the estate would not be probated if no amount
were due from this system, all of the amount due by reason of the
death of a member or retired member, including retirement
allowances accrued but not received prior to death, shall be paid
directly without probate to the surviving next of kin of the
deceased, or the guardians of such survivors’ estates, share and
share alike.

begin delete

Such

end delete

begin insert (b) end insert begin insert   end insert begin insert Such end insert payment shall be made in the same order in which the
following groups are listed:

begin delete

1.  Spouse,

end delete begin insert

(1) Spouse or domestic partner.

end insert begin delete

2. Children,

end delete begin insert

(2) Children.

end insert begin delete

3.

end delete

begin insert (3) end insert  Father and begin delete mother, end delete begin insert mother. end insert

begin delete

4. Grandchildren,

end delete begin insert

(4) Grandchildren.

end insert begin delete

5.

end delete

begin insert (5) end insert  Brothers and begin delete sisters, end delete begin insert sisters. end insert

begin delete

6.

end delete

begin insert (6) end insert  Nieces and nephews.

begin delete SEC. 33. end delete
begin insert SEC. 46. end insert   

Section 9374 of the Government Code is amended
to read:

9374.  

Upon the death of a member before retirement (a) the
surviving spouse begin insert or surviving domestic partner end insert of the member,
who has the care of begin delete unmarried end delete children, including stepchildren, of
the member who begin insert are not married or in registered domestic
partnerships and end insert are under 18 years of age, or are incapacitated
because of disability which began before and has continued without
interruption after attainment of that age, or if there is no such
begin delete spouse, end delete begin insert spouse or domestic partner, end insert then (b) the guardian of
surviving begin delete unmarried end delete children, including stepchildren, of the
member who begin insert are not married or in registered domestic
partnerships and end insert are under 18 years of age or so incapacitated, if
any, or (c) the surviving begin delete spouse end delete begin insert spouse or surviving domestic
partner end insert of the member, who does not qualify under (a), if any, or
if no such children under (b) or such spouse begin insert or domestic partner end insert
under (c), then (d) each surviving parent of the member, shall be
paid the following applicable survivor allowance, under the
conditions stated and from contributions of the state:

(1) A widow or a widower who was married begin delete to end delete begin insert to, or a surviving
domestic partner who was in a registered domestic partnership
with, end insert the member prior to the occurrence of the injury or onset of
the illness that resulted in death, and has the care of begin delete unmarried end delete
children, including stepchildren, of the deceased member begin insert who are
not married or in registered domestic partnerships and are end insert under
18 years of age or so incapacitated, shall be paid three hundred
sixty dollars ($360) if there is one such child, or four hundred thirty
dollars ($430) per month if there are two or more such children.
If there also are such children who are not in the care of the
surviving begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert the portion
of the allowance payable under this paragraph, assuming that these
children were in the care of the surviving begin delete spouse, end delete begin insert spouse or
surviving domestic partner, end insert which is in excess of one hundred
eighty dollars ($180) per month, shall be divided equally among
all of those children and payments made to the spouse begin insert or domestic
partner end insert and other children, as the case may be.

(2) If there is no such surviving begin delete spouse, end delete begin insert spouse or surviving
domestic partner, end insert or if such surviving spouse begin delete dies or remarries, end delete begin insert or
surviving domestic partner dies, remarries, or enters into a
subsequent registered domestic partnership, end insert and if there are
begin delete unmarried end delete children, including stepchildren, of the deceased member
begin insert who are not married or in registered domestic partnerships and
are end insert under 18 years of age, or if there are such children not in the
care of such begin delete spouse, end delete begin insert spouse or domestic partner, end insert such children
shall be paid an allowance as follows:

begin delete

(a)

end delete

begin insert (A) end insert  If there is only one such child, such child shall be paid one
hundred eighty dollars ($180) per begin delete month; end delete begin insert month. end insert

begin delete

(b)

end delete

begin insert (B) end insert  If there are two such children, such children shall be paid
three hundred sixty dollars ($360) per month divided equally
between begin delete them; and end delete begin insert them. end insert

begin delete

(c)

end delete

begin insert (C) end insert  If there are three or more such children, such children shall
be paid four hundred thirty dollars ($430) per month divided
equally among them.

(3) A surviving spouse begin insert or surviving domestic partner end insert who has
attained or attains the age of 62 years, and, regardless of the gender
of the surviving begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert
who was married begin delete to end delete begin insert to, or in a registered domestic partnership
with, end insert such member prior to the occurrence of the injury or onset
of the illness that resulted in death, and has not remarried begin insert or
entered into a registered domestic partnership end insert subsequent to the
member’s death, shall be paid one hundred eighty dollars ($180)
per month. No allowance shall be paid under this begin delete subdivision, end delete
begin insert paragraph, end insert while the surviving spouse begin insert or surviving domestic
partner end insert is receiving an allowance under begin delete subdivision (1) of this
section, end delete begin insert paragraph (1), end insert or while an allowance is being paid under
begin delete subdivision (2)(c) of this section. end delete begin insert subparagraph (C) of paragraph
(2). end insert The allowance paid under this begin delete subdivision end delete begin insert paragraph end insert shall be
seventy dollars ($70) per month while an allowance is being paid
under begin delete subdivision (2)(b) of this section. end delete begin insert subparagraph (B) of
paragraph (2). end insert

(4) If there is no surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert or surviving children who qualify for a survivor allowance,
or if such surviving spouse begin delete dies end delete or begin insert surviving domestic partner dies, end insert
remarries, begin insert or enters into a subsequent registered domestic
partnership, end insert or if such children reach begin delete age end delete 18 begin insert years of age end insert or begin delete die
or marry end delete begin insert die, marry, or enter into a registered domestic partnership end insert
prior thereto, each of the member’s dependent mother and father
who has attained or attains begin delete the age of end delete 62 begin delete years, end delete begin insert years of age, end insert and
who received at least one-half of his or her support from the
member at the time of the member’s death, shall be paid one
hundred eighty dollars ($180) per month.

“Stepchildren,” for purposes of this section, shall include only
stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.

begin delete SEC. 34. end delete
begin insert SEC. 47. end insert   

Section 21571 of the Government Code is amended
to read:

21571.  

(a) If the death benefit provided by Section 21532 is
payable on account of a member’s death that occurs under
circumstances other than those described in subparagraph (F) of
paragraph 1 of subdivision (a) of Section 21530, or if an allowance
under Section 21546 is payable, the payment pursuant to
subdivision (b) shall be made, in the following order of priority:

(1) The surviving spouse begin insert or surviving domestic partner end insert of the
member, who has the care of begin delete unmarried end delete children, including
stepchildren, of the member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age, or are
incapacitated because of disability that began before and has
continued without interruption after attainment of that age.

(2) The guardian or conservator of surviving begin delete unmarried end delete children,
including stepchildren, of the member who begin insert are not married or in
registered domestic partnerships and end insert are under 22 years of age or
are so incapacitated.

(3) The surviving spouse begin insert or surviving domestic partner end insert of the
member, who does not qualify under paragraph (1).

(4) Each surviving parent of the member.

(b) Regardless of the benefit provided by Section 21532 and of
the beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:

(1) A surviving spouse begin insert or surviving domestic partner end insert who was
either continuously married begin delete to end delete begin insert to, or in a registered domestic
partnership with, end insert the member for at least one year prior to death,
or was married begin delete to end delete begin insert to, or in a registered domestic partnership with, end insert
the member prior to the occurrence of the injury or onset of the
illness that resulted in death, and has the care of begin delete unmarried end delete
children, including stepchildren, of the deceased member who begin insert are
not married or in registered domestic partnerships and end insert are under
22 years of age or are so incapacitated, shall be paid three hundred
sixty dollars ($360) if there is one child or four hundred thirty
dollars ($430) per month if there are two or more children. If there
also are children who are not in the care of the surviving begin delete spouse, end delete
begin insert spouse or surviving domestic partner, end insert the portion of the allowance
payable under this paragraph, assuming that these children were
in the care of the surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert which is in excess of one hundred eighty dollars ($180)
per month, shall be divided equally among all those children and
payments made to the spouse begin insert or domestic partner end insert and other
children, as the case may be.

(2) If there is no surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert or if the surviving spouse begin insert or surviving domestic partner end insert
dies, and if there are begin delete unmarried end delete children, including stepchildren,
of the deceased member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are so
incapacitated, or if there are children not in the care of the begin delete spouse, end delete
begin insert spouse or domestic partner, end insert the children shall be paid an allowance
as follows:

(A) If there is only one child, the child shall be paid one hundred
eighty dollars ($180) per month.

(B) If there are two children, the children shall be paid three
hundred sixty dollars ($360) per month divided equally between
them.

(C) If there are three or more children, the children shall be paid
four hundred thirty dollars ($430) per month divided equally among
them.

(3) A surviving spouse begin insert or surviving domestic partner end insert who has
attained or attains begin delete the end delete begin insert 62 years of end insert age begin delete of62 years end delete and, with respect
to that surviving begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert
who was either continuously married begin delete to end delete begin insert to, or in a registered
domestic partnership with, end insert the member for at least one year prior
to death, or who was married begin delete to end delete begin insert to, or in a registered domestic
partnership with, end insert the member prior to the occurrence of the injury
or onset of the illness which resulted in death, shall be paid one
hundred eighty dollars ($180) per month. No allowance shall be
paid under this paragraph, while the surviving spouse begin insert or surviving
domestic partner end insert is receiving an allowance under paragraph (1),
or while an allowance is being paid under subparagraph (C) of
paragraph (2). The allowance paid under this paragraph shall be
seventy dollars ($70) per month while an allowance is being paid
under subparagraph (B) of paragraph (2).

(4) If there is no surviving begin delete spouse end delete begin insert spouse, surviving domestic
partner, end insert or surviving child who qualifies for a 1959 survivor
allowance, or if the surviving spouse begin insert or surviving domestic partner end insert
dies and there is no surviving child, or if the surviving spouse begin insert or
surviving domestic partner end insert dies and the children die or marry or,
if not incapacitated, reach begin delete age 22, end delete begin insert 22 years of age, end insert each of the
member’s dependent parents who has attained or attains begin delete the age
of 62, end delete begin insert 62 years of age, end insert and who received at least one-half of his
or her support from the member at the time of the member’s death,
shall be paid one hundred eighty dollars ($180) per month.

(c) “Stepchildren,” for purposes of this section, shall include
only stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.

(d) The amendments to this section by Chapter 1617 of the
Statutes of 1971 shall apply only to 1959 survivor allowances
payable April 1, 1972, and thereafter.

(e) This section does not apply to any member in the employ
of an employer not subject to this section on January 1, 1994.

(f) On and after the date determined by the board, all assets and
liabilities of all contracting agencies subject to this section, and
their employees, on account of benefits provided under this article
shall be pooled into a single account, and a single employer rate
shall be established to provide benefits under this section on
account of members employed by a contracting agency that is
subject to this section.

(g) The rate of contribution of an employer subject to this section
shall be figured using the term insurance valuation method. If a
contracting agency that is subject to this section is projected to
have a surplus in its 1959 survivor benefit account as of the date
the assets and liabilities are first pooled, the surplus shall be applied
to reduce its rate of contribution. If a contracting agency that is
subject to this section is projected to have a deficit in its 1959
survivor benefit account as of the date the assets and liabilities are
first pooled, its rate of contribution shall be increased until the
projected deficit is paid.

begin delete SEC. 35. end delete
begin insert SEC. 48. end insert   

Section 21572 of the Government Code is amended
to read:

21572.  

(a) In lieu of benefits provided in Section 21571, if the
death benefit provided by Section 21532 is payable on account of
a state member’s death that occurs under circumstances other than
those described in subparagraph (F) of paragraph (1) of subdivision
(a) of Section 21530, or if an allowance under Section 21546 is
payable, the payment pursuant to subdivision (b) shall be made in
the following order of priority:

(1) The surviving spouse begin insert or surviving domestic partner end insert of the
member who has the care of begin delete unmarried end delete children, including
stepchildren, of the member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are
incapacitated because of a disability that began before and has
continued without interruption after attainment of that age.

(2) The guardian of surviving begin delete unmarried end delete children, including
stepchildren, of the member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are so
incapacitated.

(3) The surviving spouse begin insert or surviving domestic partner end insert of the
member who does not qualify under paragraph (1).

(4) Each surviving parent of the member.

(b) Regardless of the benefit provided by Section 21532 and of
the beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:

(1) A surviving spouse begin insert or surviving domestic partner end insert who was
either continuously married begin delete to end delete begin insert to, or in a registered domestic
partnership with, end insert the member for at least one year prior to death,
or was married begin delete to end delete begin insert to, or in a registered domestic partnership with, end insert
the member prior to the occurrence of the injury or onset of the
illness that resulted in death, and has the care of begin delete unmarried end delete
children, including stepchildren, of the deceased member who begin insert are
not married or in registered domestic partnerships and end insert are under
22 years of age or are so incapacitated, shall be paid four hundred
fifty dollars ($450) per month if there is one child or five hundred
thirty-eight dollars ($538) per month if there are two or more
children. If there also are children who are not in the care of the
surviving begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert the portion
of the allowance payable under this paragraph, assuming that these
children were in the care of the surviving begin delete spouse, end delete begin insert spouse or
surviving domestic partner, end insert that is in excess of two hundred
twenty-five dollars ($225) per month, shall be divided equally
among all those children and payments made to the spouse begin insert or
domestic partner end insert and other children, as the case may be.

(2) If there is no surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert or if the surviving spouse begin insert or surviving domestic partner end insert
dies, and if there are begin delete unmarried end delete children, including stepchildren,
of the deceased member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are so
incapacitated, or if there are children not in the care of the begin delete spouse, end delete
begin insert spouse or domestic partner, end insert the children shall be paid an allowance
as follows:

(A) If there is only one child, the child shall be paid two hundred
twenty-five dollars ($225) per month.

(B) If there are two children, the children shall be paid four
hundred fifty dollars ($450) per month divided equally between
them.

(C) If there are three or more children, the children shall be paid
five hundred thirty-eight dollars ($538) per month divided equally
among them.

(3) A surviving spouse begin insert or surviving domestic partner end insert who has
attained or attains begin delete the age of end delete 62 years begin insert of age end insert and, with respect to
that surviving begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert who
was either continuously married begin delete to end delete begin insert to, or in a registered domestic
partnership with, end insert the member for at least one year prior to death,
or was married begin delete to end delete begin insert to, or in a registered domestic partnership with, end insert
the member prior to the occurrence of the injury or onset of the
illness that resulted in death, shall be paid two hundred twenty-five
dollars ($225) per month. No allowance shall be paid under this
paragraph while the surviving spouse begin insert or surviving domestic partner end insert
is receiving an allowance under paragraph (1) or while an
allowance is being paid under subparagraph (C) of paragraph (2).
The allowance paid under this paragraph shall be eighty-eight
dollars ($88) per month while an allowance is being paid under
subparagraph (B) of paragraph (2).

(4) If there is no surviving begin delete spouse end delete begin insert spouse, surviving domestic
partner, end insert or surviving child who qualifies for a 1959 survivor
allowance, or if the surviving spouse begin insert or surviving domestic partner end insert
dies and there is no surviving child, or if the surviving spouse begin insert or
surviving domestic partner end insert dies and the children die or marry or,
if not incapacitated, reach 22 years of age, each of the member’s
dependent parents who has attained or attains begin delete the age of end delete 62 begin delete years, end delete
begin insert years of age, end insert and who received at least one-half of his or her
support from the member at the time of the member’s death, shall
be paid two hundred twenty-five dollars ($225) per month.

(c) “Stepchildren,” for purposes of this section, shall include
only stepchildren of the member living with him or her in a regular
parent-child relationship at the time of his or her death.

(d) This section shall apply to beneficiaries receiving 1959
survivor allowances on July 1, 1975, as well as to beneficiaries
with respect to the death of a state member occurring on or after
July 1, 1975.

(e) This section shall apply, with respect to benefits payable on
and after July 1, 1981, to all members employed by a school
employer, and school safety members employed with a school
district or community college district as defined in subdivision (i)
of Section 20057, except that it shall not apply, without contract
amendment, with respect to safety members who became members
after July 1, 1981. All assets and liabilities of all school employers,
and their employees, on account of benefits provided under this
article shall be pooled into a single account, and a single employer
rate shall be established to provide benefits under this section on
account of all miscellaneous members employed by a school
employer and all safety members who are members on July 1,
1981.

(f) This section does not apply to any member in the employ of
an employer not subject to this section on January 1, 1994.

(g) On and after January 1, 2000, all state members covered by
this section shall be covered by the benefit provided under Section
21574.7.

(h) On and after the date determined by the board, all assets and
liabilities of all contracting agencies subject to this section, and
their employees, on account of benefits provided under this article
shall be pooled into a single account, and a single employer rate
shall be established to provide benefits under this section on
account of members employed by a contracting agency that is
subject to this section.

(i) The rate of contribution of an employer subject to this section
shall be figured using the term insurance valuation method. If a
contracting agency that is subject to this section is projected to
have a surplus in its 1959 survivor benefit account as of the date
the assets and liabilities are first pooled, the surplus shall be applied
to reduce its rate of contribution. If a contracting agency that is
subject to this section is projected to have a deficit in its 1959
survivor benefit account as of the date the assets and liabilities are
first pooled, its rate of contribution shall be increased until the
projected deficit is paid.

begin delete SEC. 36. end delete
begin insert SEC. 49. end insert   

Section 21573 of the Government Code is amended
to read:

21573.  

(a) In lieu of benefits provided in Section 21571 or
Section 21572, if the death benefit provided by Section 21532 is
payable on account of a state member’s death that occurs under
circumstances other than those described in subparagraph (F) of
paragraph (1) of subdivision (a) of Section 21530, or if an
allowance under Section 21546 is payable, the payment pursuant
to subdivision (b) shall be made in the following order of priority:

(1) The surviving spouse begin insert or surviving domestic partner end insert of the
member who has the care of begin delete unmarried end delete children, including
stepchildren, of the member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are
incapacitated because of a disability that began before and has
continued without interruption after attainment of that age.

(2) The guardian of surviving begin delete unmarried end delete children, including
stepchildren, of the member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are so
incapacitated.

(3) The surviving spouse begin insert or surviving domestic partner end insert of the
member who does not qualify under paragraph (1).

(4) Each surviving parent of the member.

(b) Regardless of the benefit provided by Section 21532 and of
the beneficiary designated by the member under that section, or
regardless of the allowance provided under Section 21546, the
following applicable 1959 survivor allowance, under the conditions
stated and from contributions of the state, shall be paid:

(1) A surviving spouse begin insert or surviving domestic partner end insert who was
either continuously married begin delete to end delete begin insert to, or in a registered domestic
partnership with, end insert the member for at least one year prior to death,
or who was married begin delete to end delete begin insert to, or in a registered domestic partnership
with, end insert the member prior to the occurrence of the injury or onset of
the illness that resulted in death, and has the care of begin delete unmarried end delete
children, including stepchildren, of the deceased member who begin insert are
not married or in registered domestic partnerships and end insert are under
22 years of age or are so incapacitated, shall be paid seven hundred
dollars ($700) per month if there is one child, or eight hundred
forty dollars ($840) per month if there are two or more children.
If there also are children who are not in the care of the surviving
begin delete spouse, end delete begin insert spouse or surviving domestic partner, end insert the portion of the
allowance payable under this paragraph, assuming that these
children were in the care of the surviving begin delete spouse, end delete begin insert spouse or
surviving domestic partner, end insert that is in excess of three hundred fifty
dollars ($350) per month, shall be divided equally among all those
children and payments made to the spouse begin insert or domestic partner end insert
and other children, as the case may be.

(2) If there is no surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert or if the surviving spouse begin insert or surviving domestic partner end insert
dies, and if there are begin delete unmarried end delete children, including stepchildren,
of the deceased member who begin insert are not married or in registered
domestic partnerships and end insert are under 22 years of age or are so
incapacitated, or if there are children not in the care of the begin delete spouse, end delete
begin insert spouse or domestic partner, end insert the children shall be paid an allowance
as follows:

(A) If there is only one child, the child shall be paid three
hundred fifty dollars ($350) per month.

(B) If there are two children, the children shall be paid seven
hundred dollars ($700) per month divided equally between them.

(C) If there are three or more children, the children shall be paid
eight hundred forty dollars ($840) per month divided equally
among them.

(3) A surviving spouse begin insert or surviving domestic partner end insert who has
attained or attains begin delete the age of 62 years, end delete begin insert 62 years of age, end insert and, with
respect to that surviving begin delete spouse, end delete begin insert spouse or surviving domestic
partner, end insert who was either continuously married begin delete to end delete begin insert to, or in a
registered domestic partnership with, end insert the member for at least one
year prior to death, or who was married begin delete to end delete begin insert to, or in a registered
domestic partnership with, end insert the member prior to the occurrence of
the injury or onset of the illness that resulted in death, shall be paid
three hundred fifty dollars ($350) per month. No allowance shall
be paid under this paragraph while the surviving spouse begin insert or
surviving domestic partner end insert is receiving an allowance under
paragraph (1) or while an allowance is being paid under
subparagraph (C) of paragraph (2). The allowance paid under this
paragraph shall be one hundred forty dollars ($140) per month
while an allowance is being paid under subparagraph (B) of
paragraph (2).

(4) If there is no surviving begin delete spouse end delete begin insert spouse, surviving domestic
partner, end insert or surviving child who qualifies for the 1959 survivor
allowance, or if the surviving spouse begin insert or surviving domestic partner end insert
dies and there is no surviving child, or if the surviving spouse begin insert or
surviving domestic partner end insert dies and the children begin delete die or marry end delete begin insert die,
marry, or enter into a registered domestic partnership end insert or, if not
incapacitated, reach 22 years of age, each of the member’s
dependent parents who has attained or attains begin delete the age of end delete 62 begin delete years, end delete
begin insert years of age, end insert and who received at least one-half of his or her
support from the member at the time of the member’s death, shall
be paid three hundred fifty dollars ($350) per month.

(c) “Stepchildren,” for purposes of this section, shall include
only stepchildren of the member living with the member in a
regular parent-child relationship at the time of the death of the
member.

(d) This section shall apply to beneficiaries of state members
whose death occurred before January 1, 1985. Where a surviving
spouse begin insert or surviving domestic partner end insert attained begin delete the age of end delete 62 years
begin insert of age end insert prior to January 1, 1987, entitlement shall exist retroactive
to January 1, 1985, or to his or her 62nd birthday, whichever is
later. All assets and liabilities of all state agencies and their
employees on account of benefits provided to beneficiaries
specified in this subdivision shall be pooled into a single account.
The board shall transfer from the reserve for 1959 survivor
contributions retained in the retirement fund an amount sufficient
to pay the cost of the increased benefits provided by this
subdivision for beneficiaries of members who died on or before
December 31, 1984.

(e) This section shall not apply to beneficiaries with respect to
the death of a state member, except as provided in subdivision (i),
occurring on or after January 1, 1985, unless provided for in a
memorandum of understanding reached pursuant to Section 3517.5,
or authorized by the Director of Personnel Administration for
classifications of state employees that are excluded from, or not
subject to, collective bargaining. The memorandum of
understanding adopting this section shall be controlling without
further legislative action, except that if those provisions of a
memorandum of understanding require the expenditure of funds,
those provisions shall not become effective unless approved by
the Legislature as provided by law.

(f) This section shall apply, with respect to benefits payable on
and after January 1, 1985, to school members and to school safety
members, as defined in Section 20444. All assets and liabilities of
all school employers, and their employees, on account of benefits
provided under this article shall be pooled into a single account,
and a single employer rate shall be established to provide benefits
under this section on account of school members employed by a
school employer.

(g) This section shall apply to members of a contracting agency
that, in its original contract or by amending its contract, first elects
effective on or after January 1, 1985, and prior to July 1, 2001, to
make this article applicable to local members employed by the
agency. On or after January 1, 1985, and prior to July 1, 2001,
contracting agencies already subject to Section 21571 or Section
21572 may elect by contract amendment to be subject to this
section. All assets and liabilities of all contracting agencies subject
to this section, and their employees, on account of benefits provided
under this article shall be pooled into a single account, and a single
employer rate shall be established to provide benefits under this
section on account of members employed by a contracting agency
that is subject to this section. Any public agency first contracting
with the board on or after January 1, 1994, and prior to July 1,
2001, or any contracting agency amending its contract to remove
exclusions of member classifications on or after January 1, 1994,
and prior to July 1, 2001, that has not, pursuant to Section 418 of
Title 42 of the United States Code, entered into an agreement with
the federal government for the coverage of its employees under
the federal system, shall be subject to this section.

(h) The rate of contribution of an employer subject to this section
shall be figured using the term insurance valuation method. If a
contracting agency that is subject to this section has a surplus in
its 1959 survivor benefit account as of the date the contracting
agency becomes subject to this section, the surplus shall be applied
to reduce its rate of contribution. If a contracting agency that is
subject to this section has a deficit in its 1959 survivor benefit
account as of the date the contracting agency becomes subject to
this section, its rate of contribution shall be increased until the
deficit is paid.

(i) This section shall not apply to beneficiaries with respect to
the death of a state member employed by the California State
University occurring on or after January 1, 1988, unless provided
for in a memorandum of understanding reached pursuant to Chapter
12 (commencing with Section 3560) of Division 4 of Title 1, or
authorized by the Trustees of the California State University for
employees excluded from collective bargaining. The memorandum
of understanding shall be controlling without further legislative
action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions
shall not become effective unless approved by the Legislature in
the annual Budget Act.

(j) This section shall apply to local members employed by a
contracting agency that has included this benefit in its contract
with the board on or before June 30, 2001.

(k) This section shall not apply to any contracting agency that
first contracts with the board on or after July 1, 2001.

(l) On and after January 1, 2000, all eligible state and school
members covered by this section shall be covered by the benefit
provided under Section 21574.7.

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Harbors and Navigation
Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 37. end delete
begin insert SEC. 52. end insert   

Section 1373.5 of the Health and Safety Code is
amended to read:

1373.5.  

When spouses begin insert or domestic partners end insert are both employed
as employees, and both have enrolled themselves and their eligible
family members under a group health care service plan provided
by their respective employers, and each spouse begin insert or domestic partner end insert
is covered as an employee under the terms of the same master
contract, each spouse begin insert or domestic partner end insert may claim on his or her
behalf, or on behalf of his or her enrolled dependents, the combined
maximum contractual benefits to which an employee is entitled
under the terms of the master contract, not to exceed in the
aggregate 100 percent of the charge for the covered expense or
service.

This section shall apply to every group plan entered into,
delivered, amended, or renewed in this state on or after January
1, 1978.

begin delete SEC. 38. end delete
begin insert SEC. 53. end insert   

Section 18080 of the Health and Safety Code is
amended to read:

18080.  

Ownership registration and title to a manufactured
home, mobilehome, commercial coach, or truck camper, or floating
home subject to registration may be held by two or more coowners
as follows:

(a)  A manufactured home, mobilehome, commercial coach,
truck camper, or floating home may be registered in the names of
two or more persons as joint tenants. Upon the death of a joint
tenant, the interest of the decedent shall pass to the survivor or
survivors. The signature of each joint tenant or survivor or
survivors, as the case may be, shall be required to transfer or
encumber the title to the manufactured home, mobilehome,
commercial coach, truck camper, or floating home.

(b)  A manufactured home, mobilehome, commercial coach,
truck camper, or floating home may be registered in the names of
two or more persons as tenants in common. If the names of the
tenants in common are separated by the word “and,” each tenant
in common may transfer his or her individual interest in the
manufactured home, mobilehome, commercial coach, truck camper,
or floating home without the signature of the other tenant or tenants
in common. However, the signature of each tenant in common
shall be required to transfer full interest in the title to a new
registered owner. If the names of the tenants in common are
separated by the word “or,” any one of the tenants in common may
transfer full interest in the title to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home
to a new registered owner without the signature of the other tenant
or tenants in common. The signature of each tenant in common is
required in all cases to encumber the title to the manufactured
home, mobilehome, commercial coach, truck camper, or floating
home.

(c)  A manufactured home, mobilehome, commercial coach,
truck camper, or floating home may be registered as community
property in the names of the begin delete spouses. end delete begin insert spouses or domestic partners. end insert
The signature of each spouse begin insert or domestic partner end insert shall be required
to transfer or encumber the title to the manufactured home,
mobilehome, commercial coach, truck camper, or floating home.

(d)  All manufactured homes, mobilehomes, commercial
coaches, truck campers, and floating homes registered, on or before
January 1, 1985, in the names of two or more persons as tenants
in common, as provided in subdivision (b), shall be considered to
be the same as if the names of the tenants in common were
separated by the word “or,” as provided in subdivision (b).

begin delete SEC. 39. end delete
begin insert SEC. 54. end insert   

Section 25299.54 of the Health and Safety Code is
amended to read:

25299.54.  

(a)  Except as provided in subdivisions (b), (c), (d),
(e), (g), and (h), an owner or operator, required to perform
corrective action pursuant to Section 25296.10, or an owner or
operator who, as of January 1, 1988, is required to perform
corrective action, who has initiated this action in accordance with
Division 7 (commencing with Section 13000) of the Water Code,
who is undertaking corrective action in compliance with waste
discharge requirements or other orders issued pursuant to Division
7 (commencing with Section 13000) of the Water Code, or Chapter
6.7 (commencing with Section 25280), may apply to the board for
satisfaction of a claim filed pursuant to this article.

(b) A person who has failed to comply with Article 3
(commencing with Section 25299.30) is ineligible to file a claim
pursuant to this section.

(c) An owner or operator of an underground storage tank
containing petroleum is ineligible to file a claim pursuant to this
section if the person meets both of the following conditions:

(1) The person knew, before January 1, 1988, of the
unauthorized release of petroleum which is the subject of the claim.

(2) The person did not initiate, on or before June 30, 1988, any
corrective action in accordance with Division 7 (commencing with
Section 13000) of the Water Code concerning the release, or the
person did not, on or before June 30, 1988, initiate corrective action
in accordance with Chapter 6.7 (commencing with Section 25280)
or the person did not initiate action on or before June 30, 1988, to
come into compliance with waste discharge requirements or other
orders issued pursuant to Division 7 (commencing with Section
13000) of the Water Code concerning the release.

(d) An owner or operator who violates Section 25296.10 or a
corrective action order, directive, notification, or approval order
issued pursuant to this chapter, Chapter 6.7 (commencing with
Section 25280) of this code, or Division 7 (commencing with
Section 13000) of the Water Code, is liable for a corrective action
cost that results from the owner’s or operator’s violation and is
ineligible to file a claim pursuant to this section.

(e) Notwithstanding this chapter, a person who owns a tank
located underground that is used to store petroleum may apply to
the board for satisfaction of a claim, and the board may pay the
claim pursuant to Section 25299.57 without making the finding
specified in paragraph (3) of subdivision (d) of Section 25299.57
if all of the following apply:

(1) The tank meets one of the following requirements:

(A) The tank is located at the residence of a person on property
used exclusively for residential purposes at the time of discovery
of the unauthorized release of petroleum.

(B) The tank owner demonstrates that the tank is located on
property that, on and after January 1, 1985, is not used for
agricultural purposes, the tank is of a type specified in
subparagraph (B) of paragraph (1) of subdivision (y) of Section
25281, and the petroleum in the tank is used solely for the purposes
specified in subparagraph (B) of paragraph (1) of subdivision (y)
of Section 25281 on and after January 1, 1985.

(2) The tank is not a tank described in subparagraph (A) of
paragraph (1) of subdivision (y) of Section 25281 and the tank is
not used on or after January 1, 1985, for the purposes specified in
that subparagraph.

(3) The claimant has complied with Section 25299.31 and the
permit requirements of Chapter 6.7 (commencing with Section
25280), or the claimant is not subject to the requirements of those
provisions.

(f) Whenever the board has authorized the prepayment of a
claim pursuant to Section 25299.57, and the amount of money
available in the fund is insufficient to pay the claim, the owner or
operator shall remain obligated to undertake the corrective action
in accordance with Section 25296.10.

(g) The board shall not reimburse a claimant for any eligible
costs for which the claimant has been, or will be, compensated by
another person. This subdivision does not affect reimbursement
of a claimant from the fund under either of the following
circumstances:

(1) The claimant has a written contract, other than an insurance
contract, with another person that requires the claimant to
reimburse the person for payments the person has provided the
claimant pending receipt of reimbursement from the fund.

(2) An insurer has made payments on behalf of the claimant
pursuant to an insurance contract and either of the following
applies:

(A) The insurance contract explicitly coordinates insurance
benefits with the fund and requires the claimant to do both of the
following:

(i) Maintain the claimant’s eligibility for reimbursement of costs
pursuant to this chapter by complying with all applicable eligibility
requirements.

(ii) Reimburse the insurer for costs paid by the insurer pending
reimbursement of those costs by the fund.

(B) The claimant received a letter of commitment prior to June
30, 1999, for the occurrence and the claimant is required to
reimburse the insurer for any costs paid by the insurer pending
reimbursement of those costs by the fund.

(h) (1)  Except as provided in paragraph (2), a person who
purchases or otherwise acquires real property on which an
underground storage tank or tank specified in subdivision (e) is
situated shall not be reimbursed by the board for a cost attributable
to an occurrence that commenced prior to the acquisition of the
real property if both of the following conditions apply:

(A) The purchaser or acquirer knew, or in the exercise of
reasonable diligence would have discovered, that an underground
storage tank or tank specified in subdivision (e) was located on
the real property being acquired.

(B) A person who owned the site or owned or operated an
underground storage tank or tank specified in subdivision (e) at
the site during or after the occurrence and prior to acquisition by
the purchaser or acquirer would not have been eligible for
reimbursement from the fund.

(2) Notwithstanding paragraph (1), if the claim is filed on or
after January 1, 2003, the board may reimburse the eligible costs
claimed by a person who purchases or otherwise acquires real
property on which an underground storage tank or tank specified
in subdivision (e) is situated, if all of the following conditions
apply:

(A) The claimant is the owner or operator of the underground
storage tank or tank specified in subdivision (e) that had an
occurrence that commenced prior to the owner’s acquisition of the
real property.

(B) The claimant satisfies all eligibility requirements, other than
those specified in paragraph (1).

(C) The claimant is not an affiliate of a person whose act or
omission caused or would cause ineligibility for the fund.

(3) If the board reimburses a claim pursuant to paragraph (2),
a person specified in subparagraph (B) of paragraph (1), other than
a person who is ineligible for reimbursement from the fund solely
because the property was acquired from another person who was
ineligible for reimbursement from the fund, shall be liable for the
amount paid from the fund. The Attorney General, upon request
of the board, shall bring a civil action to recover the liability
imposed under this paragraph. All money recovered by the
Attorney General under this paragraph shall be deposited in the
fund.

(4) The liability established pursuant to paragraph (3) does not
limit or supersede liability under any other provision of state or
federal law, including common law.

(5) For purposes of this subdivision, the following definitions
shall apply:

(A) “Affiliate” means a person who has one or more of the
following relationships with another person:

(i) Familial relationship.

(ii) Fiduciary relationship.

(iii) A relationship of direct or indirect control or shared
interests.

(B) Affiliates include, but are not limited to, any of the
following:

(i) Parent corporation and subsidiary.

(ii) Subsidiaries that are owned by the same parent corporation.

(iii) Business entities involved in a reorganization, as defined
in Section 181 of the Corporations Code.

(iv) Corporate officer and corporation.

(v) Shareholder that owns a controlling block of voting stock
and the corporation.

(vi) Partner and the partnership.

(vii) Member and a limited liability company.

(viii) Franchiser and franchisee.

(ix) Settlor, trustee, and beneficiary of a trust.

(x) Debtor and bankruptcy trustee or debtor-in-possession.

(xi) Principal and agent.

(C) “Familial relationship” means relationships between family
members, including, and limited to, a spouse, begin insert domestic partner, end insert
child, stepchild, parent, grandparent, grandchild, brother, sister,
stepbrother, stepsister, stepmother, stepfather, mother-in-law,
father-in-law, brother-in-law, sister-in-law, daughter-in-law,
son-in-law, and, if related by blood, uncle, aunt, niece, or nephew.

(D) “Purchases or otherwise acquires real property” means the
acquisition of fee title ownership or the acquisition of the lessee’s
interest in a ground lease of real property on which one or more
underground storage tanks are located if the lease has an initial
original term, including unilateral extension or renewal rights, of
not less than 35 years.

(i) The Legislature finds and declares that the changes made to
subparagraph (A) of paragraph (1) of subdivision (e) by Chapter
1290 of the Statutes of 1992 are declaratory of existing law.

(j) The Legislature finds and declares that the amendment of
subdivisions (a) and (g) by Chapter 328 of the Statutes of 1999 is
declaratory of existing law.

begin delete SEC. 40. end delete
begin insert SEC. 55. end insert   

Section 32501 of the Health and Safety Code is
amended to read:

32501.  

Any person desiring in his or her lifetime to promote
the public welfare by founding, endowing, and having maintained
within this state a hospital for the relief of the sick, and for use as
a training school for nurses may, by grant in writing, convey to a
trustee named in the grant and to the successor of such trustee, any
of his or her property situated within this state. If he or she is
married begin insert or in a registered domestic partnership end insert and the property
is community, both spouses begin insert or domestic partners end insert shall join in the
grant.

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Insurance Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 41. end delete
begin insert SEC. 57. end insert   

Section 10112 of the Insurance Code is amended to
read:

10112.  

Subject to Section 2459 of the Probate Code, in respect
to life or disability insurance, or annuity contracts (except as
provided in Sections 2500 to 2507, inclusive, of the Probate Code
and Section 3500 of the Probate Code and Chapter 4 (commencing
with Section 3600) of Part 8 of Division 4 of the Probate Code),
heretofore or hereafter issued to or upon the life of any person not
of begin delete the end delete begin insert a end insert full begin delete age of end delete 18 years begin insert of age end insert for the benefit of such minor
or for the benefit of the father, mother, spouse, begin insert domestic partner, end insert
child, brother, or sister, of such minor, or issued to such minor,
subject to written consent of a parent or guardian, upon the life of
any person in whom such minor has an insurable interest for the
benefit of himself or such minor’s father, mother, spouse, begin insert domestic
partner, end insert child, brother or sister, such minor shall not, by reason
only of such minority, be deemed incompetent to contract for such
insurance or annuity, or for the surrender thereof, or to exercise
all contractual rights thereunder, or, subject to approval of a parent
or guardian, to give a valid discharge for any benefit accruing or
for any money payable thereunder; provided, that all such contracts
made by a minor under begin delete the age of end delete 16 begin delete years, end delete begin insert years of age, end insert as
determined by the nearest birthday, shall have the written consent
of a parent or guardian, and that the exercise of all contractual
rights under such contracts, or the surrender thereof, or the giving
of a valid discharge for any benefit accruing or money payable
thereunder, in the case of a minor under begin delete the age of end delete 16 begin delete years, end delete begin insert years
of age, end insert as determined by the nearest birthday, shall have the written
consent of a parent or guardian.

All such contracts made by a minor not of begin delete the end delete begin insert a end insert full begin delete age of end delete 18
years begin insert of age end insert which may result in any personal liability for
assessment shall have the written assumption of any such liability
by a parent or guardian in consideration of the issuance of the
contract. Such assumption shall be in a form approved by the
commissioner, reasonably designed to inform the parent or
guardian of the liability thus assumed.

Such assumption of liability may be made a part of and included
with any written consent of such parent or guardian required under
other provisions of this section and it may be provided therein that
such assumption shall cover only up to the anniversary date of the
policy nearest to the member’s birthday at which he or she attains
begin delete age 18. end delete begin insert 18 years of age. end insert

begin delete SEC. 42. end delete
begin insert SEC. 58. end insert   

Section 10121.5 of the Insurance Code is amended
to read:

10121.5.  

(a) When spouses begin insert or domestic partners end insert are both
employed as employees, and both have enrolled themselves and
their eligible family members under a group policy of disability
insurance provided by their respective employers, and each spouse
begin insert or domestic partner end insert is covered as an employee under the terms of
the same master policy, each spouse begin insert or domestic partner end insert may
claim on his or her behalf, or on behalf of his or her enrolled
dependents, the combined maximum contractual benefits to which
an employee is entitled under the terms of the master policy, not
to exceed in the aggregate 100 percent of the charge for the covered
expense or service.

(b) When spouses begin insert or domestic partners end insert are both employed as
employees, and both have enrolled themselves and their eligible
family members under a self-insured employee welfare benefit
plan provided by their respective employers, and each spouse begin insert or
domestic partner end insert is covered as an employee under the terms of the
same master contract, each spouse begin insert or domestic partner end insert may claim
on his or her behalf, or on behalf of his or her enrolled dependents,
the combined maximum contractual benefits to which an employee
is entitled under the terms of the master contract, not to exceed in
the aggregate 100 percent of the charge for the covered expense
or service.

(c) This section shall apply to every group disability insurance
policy and self-insured employee welfare benefit plan which is
entered into, issued, delivered, amended, or renewed in this state
on or after January 1, 1978.

begin delete SEC. 43. end delete
begin insert SEC. 59. end insert   

Section 10320 of the Insurance Code is amended to
read:

10320.  

No policy of accident and sickness insurance shall be
delivered or issued for delivery to any person in this State unless:

(a) The entire money and other considerations therefor are
expressed therein; and

(b) The time at which the insurance takes effect and terminates
is expressed therein; and

(c) It purports to insure only one person, except that a policy
may insure, originally or by subsequent amendment, upon the
application of the head of a family who shall be deemed the
policyholder, any two or more eligible members of that family,
including begin delete spouse, end delete begin insert spouse or domestic partner, end insert dependent begin delete children end delete
begin insert children, end insert or any children under a specified age which shall not
exceed 19 years begin insert of age end insert and any other person dependent upon the
policyholder; and

(d) The style, arrangement and over-all appearance of the policy
give no undue prominence to any portion of the text, and unless
every printed portion of the text of the policy and of any
endorsements or attached papers is plainly printed in light-faced
type of a style in general use, the size of which shall be uniform
and not less than 10-point with a lower case unspaced alphabet
length not less than 120-point (the “text” shall include all printed
matter except the name and address of the insurer, name or title
of the policy, the brief description, if any, and captions and
subcaptions); and

(e) The exceptions and reductions of indemnity are set forth in
the policy and, except those which are set forth in Article 4a or 5a
of this chapter, are printed, at the insurer’s option, either included
with the benefit provision to which they apply, or under an
appropriate caption such as “Exceptions,” or “Exceptions and
Reductions”; provided, that if an exception or reduction specifically
applies only to a particular benefit of the policy, a statement of
such exception or reduction shall be included with the benefit
provision to which it applies; and

(f) Each such form, including riders and endorsements, shall be
identified by a form number in the lower left-hand corner of the
first page thereof; and

(g) It contains no provision purporting to make any portion of
the charter, rules, constitution, or by-laws of the insurer a part of
the policy unless such portion is set forth in full in the policy,
except in the case of the incorporation of, or reference to, a
statement of rates or classification of risks, or short-rate table filed
with the commissioner; and

(h) If the policy contains amendment, change, limitation,
alteration, or restriction of the printed text by endorsement, or by
any means other than rider upon a separate piece of paper made a
part of such policy; and

(i) If any portion of such policy purports to reduce benefits by
reason of age of the insured and such reduction, in accordance
with the age of the insured as stated in his or her application, would
be effective on the issue date of the policy.

begin delete SEC. 44. end delete
begin insert SEC. 60. end insert   

Section 10493 of the Insurance Code is amended to
read:

10493.  

Any incorporated or unincorporated benefit and relief
association organized before January 15, 1951, may procure a
certificate of exemption from the commissioner if it complies with
all of the following:

(a) All of the other requirements of this article.

(b) As respects life or disability or life and disability insurance
transacted by it, it is of an entirely nonprofit nature.

(c) Any one of the following requirements as to membership
and purpose:

(1) It is composed of and its membership limited to the
appointive officers and employees of a public school district or
districts and/or the pupils of any such district or districts, or of any
private school or schools.

(2) It is composed of and its membership limited to the
appointive officers and employees of a municipal playground
system, or the systems of two or more municipalities united in a
league, federation or other association for the purpose of promoting
intercity competitions or other activities, and/or the participants
in dancing, recreational, sporting, educational, social and/or
theatrical activities sponsored and/or directed by such system or
systems and carried on through the use of any of the facilities of
such system or systems.

(3) Its membership in this state is 1,000 or more and it is either
an organization of a purely religious or benevolent character or its
membership is limited to the members of such an organization.

(4) It is composed of and its membership is limited to the
members of another organization which other organization is of a
purely religious or benevolent character and has a total membership
in this state of not less than 1,000.

(5) It is a domestic organization, lodge, society or order which
prior to September 19, 1947, provided life or disability benefits
or both such benefits to its members and

(A) Is of a charitable, benevolent or beneficent character or
becomes such within one year from September 4, 1951, and in
both instances is thereafter of such character, and

(B) Operates in such a manner that the payment of such benefits
even though it be one of the express purposes of such organization,
lodge or order, is as a matter of fact incidental to its charitable,
benevolent or beneficent purposes or within one year from
September 4, 1951, operates in such a manner and in both instances
thereafter operates in such a manner.

(6) Officers and employees of a common employer, and related
dependents of such officers and employees, comprising spouses
begin insert or domestic partners end insert and begin delete unmarried end delete dependent children begin insert who are
not married or in registered domestic partnerships and are end insert under
19 years of age, and living in the same household.

(d) Pays a filing fee in the amount of seven hundred eight dollars
($708).

begin delete SEC. 45. end delete
begin insert SEC. 61. end insert   

Section 10494.6 of the Insurance Code is amended
to read:

10494.6.  

Any employer who qualifies for a certificate of
exemption under Section 10494.5 by virtue of which certificate
he or she maintains a plan for furnishing disability benefits to his
or her employees may, if he or she elects, make available for the
related dependents of his or her employees, comprising spouses
begin insert or domestic partners end insert and begin delete unmarried end delete dependent children begin insert who are
not married or in registered domestic partnerships end insert living in the
same household, a supplemental plan of disability benefits
containing any or all of the following benefits, hospital, surgical
and medical; provided, that as to the supplemental plan the
Insurance Commissioner finds that all of the following exist:

(a) The supplemental plan shall be separately stated, setting out
all of the provisions of coverage.

(b) The plan shall set out the respective contributions of the
employer and employees. All contributions of employees received
or retained by the employer shall be trust funds and shall be
separately accounted for by the employer and may not inure to the
benefit of the employer in any manner whatsoever.

(c) The plan permits the disabled individual a free choice of
physician and surgeon, or podiatrist in the case of those services
that are within the scope of practice of podiatric medicine, as
defined in Section 2472 of the Business and Professions Code,
and hospital.

(d) The employer agrees to assume 50 percent of the cost of
maintaining the plan, and he or she further agrees to guarantee the
benefits if the contributions required for the supplementary benefits
are not sufficient to pay the cost of same. The funds necessary to
discharge the employer’s 50 percent assumption shall be trust
funds and shall be separately accounted for by him or her.

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 46. end delete
begin insert SEC. 63. end insert   

Section 3503 of the Labor Code is amended to read:

3503.  

No person is a dependent of any deceased employee
unless in good faith a member of the family or household of the
employee, or unless the person bears to the employee the relation
of spouse, begin insert domestic partner, end insert child, posthumous child, adopted
child or stepchild, grandchild, father or mother, father-in-law or
mother-in-law, grandfather or grandmother, brother or sister, uncle
or aunt, brother-in-law or sister-in-law, or nephew or niece.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 19 is added to the end insert begin insert Military and Veterans
Code end insert begin insert , to read: end insert

begin insert

begin insert 19. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 7 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

7.  

Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural, and the plural the singular; the word “person” includes a
corporation as well as a natural person; the word “county” includes
“city and county”; writing includes printing and typewriting; oath
includes affirmation or declaration; and every mode of oral
statement, under oath or affirmation, is embraced by the term
“testify,” and every written one in the term “depose”; signature or
subscription includes mark, when the person cannot write, his or
her name being written near it, by a person who writes his or her
own name as a witness; provided, that when a signature is made
by mark it must, in order that the same may be acknowledged or
serve as the signature to any sworn statement, be witnessed by two
persons who must subscribe their own names as witnesses thereto.

The following words have in this code the signification attached
to them in this section, unless otherwise apparent from the context:

begin delete

1.

end delete

begin insert (1) end insert  The word “willfully,” when applied to the intent with which
an act is done or omitted, implies simply a purpose or willingness
to commit the act, or make the omission referred to. It does not
require any intent to violate law, or to injure another, or to acquire
any advantage.

begin delete

2.

end delete

begin insert (2) end insert  The words “neglect,” “negligence,” “negligent,” and
“negligently” import a want of such attention to the nature or
probable consequences of the act or omission as a prudent man
ordinarily bestows in acting in his own concerns.

begin delete

3.

end delete

begin insert (3) end insert  The word “corruptly” imports a wrongful design to acquire
or cause some pecuniary or other advantage to the person guilty
of the act or omission referred to, or to some other person.

begin delete

4.

end delete

begin insert (4) end insert  The words “malice” and “maliciously” import a wish to vex,
annoy, or injure another person, or an intent to do a wrongful act,
established either by proof or presumption of law.

begin delete

5.

end delete

begin insert (5) end insert  The word “knowingly” imports only a knowledge that the
facts exist which bring the act or omission within the provisions
of this code. It does not require any knowledge of the unlawfulness
of such act or omission.

begin delete

6.

end delete

begin insert (6) end insert  The word “bribe” signifies anything of value or advantage,
present or prospective, or any promise or undertaking to give any,
asked, given, or accepted, with a corrupt intent to influence,
unlawfully, the person to whom it is given, in his or her action,
vote, or opinion, in any public or official capacity.

begin delete

7.

end delete

begin insert (7) end insert  The word “vessel,” when used with reference to shipping,
includes ships of all kinds, steamboats, canalboats, barges, and
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons, except that, as used in
Sections 192.5 and 193.5, the word “vessel” means a vessel as
defined in subdivision (c) of Section 651 of the Harbors and
Navigation Code.

begin delete

8.

end delete

begin insert (8) end insert  The words “peace officer” signify any one of the officers
mentioned in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2.

begin delete

9.

end delete

begin insert (9) end insert  The word “magistrate” signifies any one of the officers
mentioned in Section 808.

begin delete

10.

end delete

begin insert (10) end insert  The word “property” includes both real and personal
property.

begin delete

11.

end delete

begin insert (11) end insert  The words “real property” are coextensive with lands,
tenements, and hereditaments.

begin delete

12.

end delete

begin insert (12) end insert  The words “personal property” include money, goods,
chattels, things in action, and evidences of debt.

begin delete

13.

end delete

begin insert (13) end insert  The word “month” means a calendar month, unless
otherwise expressed; the word “daytime” means the period between
sunrise and sunset, and the word “nighttime” means the period
between sunset and sunrise.

begin delete

14.

end delete

begin insert (14) end insert  The word “will” includes codicil.

begin delete

15.

end delete

begin insert (15) end insert  The word “writ” signifies an order or precept in writing,
issued in the name of the people, or of a court or judicial officer,
and the word “process” a writ or summons issued in the course of
judicial proceedings.

begin delete

16.

end delete

begin insert (16) end insert  Words and phrases must be construed according to the
context and the approved usage of the language; but technical
words and phrases, and such others as may have acquired a peculiar
and appropriate meaning in law, must be construed according to
such peculiar and appropriate meaning.

begin delete

17.

end delete

begin insert (17) end insert  Words giving a joint authority to three or more public
officers or other persons, are construed as giving such authority
to a majority of them, unless it is otherwise expressed in the act
giving the authority.

begin delete

18.

end delete

begin insert (18) end insert  When the seal of a court or public officer is required by
law to be affixed to any paper, the word “seal” includes an
impression of such seal upon the paper alone, or upon any
substance attached to the paper capable of receiving a visible
impression. The seal of a private person may be made in like
manner, or by the scroll of a pen, or by writing the word “seal”
against his or her name.

begin delete

19.

end delete

begin insert (19) end insert  The word “state,” when applied to the different parts of
the United States, includes the District of Columbia and the
territories, and the words “United States” may include the district
and territories.

begin delete

20.

end delete

begin insert (20) end insert  The word “section,” whenever hereinafter employed, refers
to a section of this code, unless some other code or statute is
expressly mentioned.

begin delete

21.

end delete

begin insert (21) end insert  To “book” signifies the recordation of an arrest in official
police records, and the taking by the police of fingerprints and
photographs of the person arrested, or any of these acts following
an arrest.

begin insert

(22) The word “spouse” includes a domestic partner, as
described in Section 297 of the Family Code.

end insert

begin delete SEC. 47. end delete
begin insert SEC. 66. end insert   

Section 152.3 of the Penal Code is amended to read:

152.3.  

(a) Any person who reasonably believes that he or she
has observed the commission of any of the following offenses
where the victim is a child under begin delete the age of end delete 14 years begin insert of age end insert shall
notify a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2:

(1) Murder.

(2) Rape.

(3) A violation of paragraph (1) of subdivision (b) of Section
288 of the Penal Code.

(b) This section shall not be construed to affect privileged
relationships as provided by law.

(c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.

(d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a
county jail for not more than six months, or by both that fine and
imprisonment.

(e) The requirements of this section shall not apply to the
following:

(1) A person who is related to either the victim or the offender,
including a spouse, begin insert domestic partner, end insert parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity
or affinity.

(2) A person who fails to report based on a reasonable mistake
of fact.

(3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.

begin delete SEC. 48. end delete
begin insert SEC. 67. end insert   

Section 197 of the Penal Code is amended to read:

197.  

Homicide is also justifiable when committed by any person
in any of the following cases:

1. When resisting any attempt to murder any person, or to
commit a felony, or to do some great bodily injury upon any
person; or,

2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, begin delete riotous end delete begin insert riotous, end insert or tumultuous manner,
to enter the habitation of another for the purpose of offering
violence to any person therein; or,

3. When committed in the lawful defense of such person, or of
a spouse, begin insert domestic partner, end insert parent, child, master, mistress, or
servant of such person, when there is reasonable ground to
apprehend a design to commit a felony or to do some great bodily
injury, and imminent danger of such design being accomplished;
but such person, or the person in whose behalf the defense was
made, if he was the assailant or engaged in mutual combat, must
really and in good faith have endeavored to decline any further
struggle before the homicide was committed; or,

4. When necessarily committed in attempting, by lawful ways
and means, to apprehend any person for any felony committed, or
in lawfully suppressing any riot, or in lawfully keeping and
preserving the peace.

begin delete SEC. 49. end delete
begin insert SEC. 68. end insert   

Section 270e of the Penal Code is amended to read:

270e.  

No other evidence shall be required to prove marriage
of spouses, begin insert registered domestic partnership of domestic partners, end insert
or that a person is the lawful father or mother of a child or children,
than is or shall be required to prove such facts in a civil action. In
all prosecutions under either Section 270a or 270 of this code,
Sections 970, 971, and 980 of the Evidence Code do not apply,
and both spouses begin insert or domestic partners end insert shall be competent to testify
to any and all relevant matters, including the fact of marriage begin insert or
registered domestic partnership end insert and the parentage of a child or
children. Proof of the abandonment and nonsupport of a begin delete spouse, end delete
begin insert spouse or domestic partner, end insert or of the omission to furnish necessary
food, clothing, shelter, or of medical attendance for a child or
children is prima facie evidence that such abandonment and
nonsupport or omission to furnish necessary food, clothing, begin delete shelter end delete
begin insert shelter, end insert or medical attendance is willful. In any prosecution under
Section 270, it shall be competent for the people to prove nonaccess
of husband to wife or any other fact establishing nonpaternity of
a husband. In any prosecution pursuant to Section 270, the final
establishment of paternity or nonpaternity in another proceeding
shall be admissible as evidence of paternity or nonpaternity.

begin delete SEC. 50. end delete
begin insert SEC. 69. end insert   

Section 273.5 of the Penal Code is amended to read:

273.5.  

(a) Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision (b) is guilty of a felony, and upon conviction thereof
shall be punished by imprisonment in the state prison for two,
three, or four years, or in a county jail for not more than one year,
or by a fine of up to six thousand dollars ($6,000), or by both that
fine and imprisonment.

(b) Subdivision (a) shall apply if the victim is or was one or
more of the following:

(1) The offender’s begin delete spouse or end delete begin insert spouse, domestic partner, end insert former
begin delete spouse. end delete begin insert spouse, or former domestic partner. end insert

(2) The offender’s cohabitant or former cohabitant.

(3) The offender’s fiancé or fiancée, or someone with whom
the offender has, or previously had, an engagement or dating
relationship, as defined in paragraph (10) of subdivision (f) of
Section 243.

(4) The mother or father of the offender’s child.

(c) Holding oneself out to be the spouse begin insert or domestic partner end insert of
the person with whom one is cohabiting is not necessary to
constitute cohabitation as the term is used in this section.

(d) As used in this section, “traumatic condition” means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
“strangulation” and “suffocation” include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.

(e) For the purpose of this section, a person shall be considered
the father or mother of another person’s child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612
of the Family Code.

(f) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).

(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment
in the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.

(g) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with
the provisions of Section 1203.097.

(h) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under
subdivision (a) who has been convicted of any prior offense
specified in subdivision (f), the court shall impose one of the
following conditions of probation:

(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (f), it shall be a condition of probation, in addition to
the provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.

(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (f), it shall be a condition of probation, in
addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.

(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.

(i) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097,
in lieu of a fine, one or both of the following requirements:

(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000),
pursuant to Section 1203.097.

(2) (A) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the court
finds are the direct result of the defendant’s offense.

(B) For any order to pay a fine, make payments to a battered
women’s shelter, or pay restitution as a condition of probation
under this subdivision, the court shall make a determination of the
defendant’s ability to pay. An order to make payments to a battered
women’s shelter shall not be made if it would impair the ability
of the defendant to pay direct restitution to the victim or
court-ordered child support. If the injury to a begin delete married end delete person begin insert who
is married or in a registered domestic partnership end insert is caused in
whole or in part by the criminal acts of his or her spouse begin insert or
domestic partner end insert in violation of this section, the community
property may not be used to discharge the liability of the offending
spouse begin insert or domestic partner end insert for restitution to the injured begin delete spouse, end delete
begin insert spouse or domestic partner, end insert required by Section 1203.04, as
operative on or before August 2, 1995, or Section 1202.4, or to a
shelter for costs with regard to the injured spouse begin insert or domestic
partner end insert and dependents, required by this section, until all separate
property of the offending spouse begin insert or domestic partner end insert is exhausted.

(j) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant
is sentenced to state prison or county jail, or if imposition of
sentence is suspended and the defendant is placed on probation.

(k) If a peace officer makes an arrest for a violation of this
section, the peace officer is not required to inform the victim of
his or her right to make a citizen’s arrest pursuant to subdivision
(b) of Section 836.

begin delete SEC. 51. end delete
begin insert SEC. 70. end insert   

Section 281 of the Penal Code is amended to read:

281.  

(a) Every person having a spouse begin insert or domestic partner end insert
living, who marries begin insert or enters into a registered domestic partnership
with end insert any other person, except in the cases specified in Section 282,
is guilty of bigamy.

(b) Upon a trial for bigamy, it is not necessary to prove either
of the marriages begin insert or registered domestic partnerships end insert by the register,
certificate, or other record evidence thereof, but the marriages begin insert or
registered domestic partnerships end insert may be proved by evidence which
is admissible to prove a marriage begin insert or registered domestic
partnership end insert in other cases; and when the second marriage begin insert or
registered domestic partnership end insert took place out of this state, proof
of that fact, accompanied with proof of cohabitation thereafter in
this state, is sufficient to sustain the charge.

begin delete SEC. 52. end delete
begin insert SEC. 71. end insert   

Section 282 of the Penal Code is amended to read:

282.  

Section 281 does not extend to any of the following:

(a) To any person by reason of any former marriage whose
spouse by such begin delete marriage end delete begin insert marriage, or by reason of any former
registered domestic partnership whose domestic partner by such
registered domestic partnership, end insert has been absent for five successive
years without being known to such person within that time to be
living.

(b) To any person by reason of any former begin delete marriage end delete begin insert marriage,
or any former registered domestic partnership, end insert which has been
pronounced void, annulled, or dissolved by the judgment of a
competent court.

begin delete SEC. 53. end delete
begin insert SEC. 72. end insert   

Section 284 of the Penal Code is amended to read:

284.  

Every person who knowingly and willfully marries begin insert or
enters into a registered domestic partnership with end insert the spouse begin insert or
domestic partner end insert of another, in any case in which such spouse begin insert or
domestic partner end insert would be punishable under the provisions of this
chapter, is punishable by fine not less than five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170.

begin delete SEC. 54. end delete
begin insert SEC. 73. end insert   

Section 534 of the Penal Code is amended to read:

534.  

Every begin delete married end delete person begin insert who is married or in a registered
domestic partnership, end insert who falsely and fraudulently represents
himself or herself as competent to sell or mortgage any real estate,
to the validity of which sale or mortgage the assent or concurrence
of his or her spouse begin insert or domestic partner end insert is necessary, and under
such representations willfully conveys or mortgages the same, is
guilty of felony.

begin delete SEC. 55. end delete
begin insert SEC. 74. end insert   

Section 4002 of the Penal Code is amended to read:

4002.  

(a) Persons committed on criminal process and detained
for trial, persons convicted and under sentence, and persons
committed upon civil process, shall not be kept or put in the same
room, nor shall male and female prisoners, except begin delete spouses, end delete begin insert spouses
or domestic partners, end insert sleep, dress or undress, bathe, or perform
eliminatory functions in the same room. However, persons
committed on criminal process and detained for trial may be kept
or put in the same room with persons convicted and under sentence
for the purpose of participating in supervised activities and for the
purpose of housing, provided, that the housing occurs as a result
of a classification procedure that is based upon objective criteria,
including consideration of criminal sophistication, seriousness of
crime charged, presence or absence of assaultive behavior, age,
and other criteria that will provide for the safety of the prisoners
and staff.

(b) Inmates who are held pending civil process under the
sexually violent predator laws shall be held in administrative
segregation. For purposes of this subdivision, administrative
segregation means separate and secure housing that does not
involve any deprivation of privileges other than what is necessary
to protect the inmates and staff. Consistent with Section 1610, to
the extent possible, the person shall continue in his or her course
of treatment, if any. An alleged sexually violent predator held
pending civil process may waive placement in secure housing by
petitioning the court for a waiver. In order to grant the waiver, the
court must find that the waiver is voluntary and intelligent, and
that granting the waiver would not interfere with any treatment
programming for the person requesting the waiver. A person
granted a waiver shall be placed with inmates charged with similar
offenses or with similar criminal histories, based on the objective
criteria set forth in subdivision (a).

(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male and female prisoners
in the same or an adjoining facility or impose any duty upon a
county to establish or maintain programs which involve the joint
participation of male and female prisoners.

begin delete SEC. 56. end delete
begin insert SEC. 75. end insert   

Section 13700 of the Penal Code is amended to read:

13700.  

As used in this title:

(a) “Abuse” means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to
himself or herself, or another.

(b) “Domestic violence” means abuse committed against an
adult or a minor who is a spouse, former spouse, begin insert domestic partner,
former domestic partner, end insert cohabitant, former cohabitant, or person
with whom the suspect has had a child or is having or has had a
dating or engagement relationship. For purposes of this subdivision,
“cohabitant” means two unrelated adult persons living together
for a substantial period of time, resulting in some permanency of
relationship. Factors that may determine whether persons are
cohabiting include, but are not limited to, (1) sexual relations
between the parties while sharing the same living quarters, (2)
sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as spouses,
(5) the continuity of the relationship, and (6) the length of the
relationship.

(c) “Officer” means any officer or employee of a local police
department or sheriff’s office, and any peace officer of the
Department of the California Highway Patrol, the Department of
Parks and Recreation, the University of California Police
Department, or the California State University and College Police
Departments, as defined in Section 830.2, a peace officer of the
Department of General Services of the City of Los Angeles, as
defined in subdivision (c) of Section 830.31, a housing authority
patrol officer, as defined in subdivision (d) of Section 830.31, a
peace officer as defined in subdivisions (a) and (b) of Section
830.32, or a peace officer as defined in subdivision (a) of Section
830.33.

(d) “Victim” means a person who is a victim of domestic
violence.

begin delete SEC. 57. end delete
begin insert SEC. 76. end insert   

Section 59 of the Probate Code is amended to read:

59.  

“Predeceased spouse” means a person who died before the
decedent while married to the decedent, except that the term does
not include any of the following:

(a) A person who obtains or consents to a final decree or
judgment of dissolution of marriage from the decedent or a final
decree or judgment of annulment of their marriage, which decree
or judgment is not recognized as valid in this state, unless they (1)
subsequently participate in a marriage ceremony purporting to
marry each to the other or (2) subsequently live together as spouses.

(b) A person who, following a decree or judgment of dissolution
or annulment of marriage obtained by the decedent, participates
in a marriage ceremony to a third person.

(c) A person who was a party to a valid proceeding concluded
by an order purporting to terminate all marital property rights.

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 72 is added to the end insert begin insert Probate Code end insert begin insert , to read: end insert

begin insert

begin insert 72. end insert   

“Spouse” includes domestic partner, as defined in Section
37.

end insert

begin delete SEC. 58. end delete
begin insert SEC. 78. end insert   

Section 78 of the Probate Code is amended to read:

78.  

“Surviving spouse” does not include any of the following:

(a) A person whose marriage begin delete to end delete begin insert to, or registered domestic
partnership with, end insert the decedent has been dissolved or annulled,
unless, by virtue of a subsequent begin delete marriage, end delete begin insert marriage or registered
domestic partnership, end insert the person is married begin delete to end delete begin insert to, or in a registered
domestic partnership with, end insert the decedent at the time of death.

(b) A person who obtains or consents to a final decree or
judgment of dissolution of marriage begin insert or termination of registered
domestic partnership end insert from the decedent or a final decree or
judgment of annulment of their begin delete marriage, end delete begin insert marriage or termination
of registered domestic partnership, end insert which decree or judgment is
not recognized as valid in this state, unless they (1) subsequently
participate in a marriage ceremony purporting to marry each to
the other or (2) subsequently live together as begin delete spouses. end delete begin insert spouses or
domestic partners. end insert

(c) A person who, following a decree or judgment of dissolution
or annulment of marriage begin insert or registered domestic partnership end insert
obtained by the decedent, participates in a marriage ceremony with
a third person.

(d) A person who was a party to a valid proceeding concluded
by an order purporting to terminate all marital begin insert or registered
domestic partnership end insert property rights.

begin delete SEC. 59. end delete
begin insert SEC. 79. end insert   

Section 100 of the Probate Code is amended to read:

100.  

(a) Upon the death of a begin delete married person, end delete begin insert person who is
married or in a registered domestic partnership, end insert one-half of the
community property belongs to the surviving spouse begin insert or surviving
domestic partner end insert and the other begin delete half end delete begin insert one-half end insert belongs to the
decedent.

(b) Notwithstanding subdivision (a), spouses begin insert or domestic
partners end insert may agree in writing to divide their community property
on the basis of a non pro rata division of the aggregate value of
the community property or on the basis of a division of each
individual item or asset of community property, or partly on each
basis. Nothing in this subdivision shall be construed to require this
written agreement in order to permit or recognize a non pro rata
division of community property.

begin delete SEC. 60. end delete
begin insert SEC. 80. end insert   

Section 101 of the Probate Code is amended to read:

101.  

(a) Upon the death of a begin delete married end delete person begin insert who is married
or in a registered domestic partnership, and is end insert domiciled in this
state, one-half of the decedent’s quasi-community property belongs
to the surviving spouse begin insert or surviving domestic partner end insert and the other
begin delete half end delete begin insert one-half end insert belongs to the decedent.

(b) Notwithstanding subdivision (a), spouses begin insert or domestic
partners end insert may agree in writing to divide their quasi-community
property on the basis of a non pro rata division of the aggregate
value of the quasi-community property, or on the basis of a division
of each individual item or asset of quasi-community property, or
partly on each basis. Nothing in this subdivision shall be construed
to require this written agreement in order to permit or recognize
a non pro rata division of quasi-community property.

begin delete SEC. 61. end delete
begin insert SEC. 81. end insert   

Section 103 of the Probate Code is amended to read:

103.  

Except as provided by Section 224, if spouses begin insert or domestic
partners end insert die leaving community or quasi-community property and
it cannot be established by clear and convincing evidence that one
spouse begin insert or domestic partner end insert survived the other:

(a) One-half of the community property and one-half of the
quasi-community property shall be administered or distributed, or
otherwise dealt with, as if one spouse begin insert or domestic partner end insert had
survived and as if that half belonged to that begin delete spouse. end delete begin insert spouse or
domestic partner. end insert

(b) The other half of the community property and the other half
of the quasi-community property shall be administered or
distributed, or otherwise dealt with, as if the other spouse begin insert or
domestic partner end insert had survived and as if that half belonged to that
begin delete spouse. end delete begin insert spouse or domestic partner. end insert

begin delete SEC. 62. end delete
begin insert SEC. 82. end insert   

Section 2407 of the Probate Code is amended to read:

2407.  

This chapter applies to property owned by spouses begin insert or
domestic partners end insert as community property only to the extent
authorized by Part 6 (commencing with Section 3000).

begin delete SEC. 63. end delete
begin insert SEC. 83. end insert   

Section 5040 of the Probate Code is amended to read:

5040.  

(a) Except as provided in subdivision (b), a nonprobate
transfer to the transferor’s former begin delete spouse, end delete begin insert spouse or former
domestic partner, end insert in an instrument executed by the transferor before
or during the begin delete marriage, end delete begin insert marriage or registered domestic
partnership, end insert fails if, at the time of the transferor’s death, the former
spouse begin insert or former domestic partner end insert is not the transferor’s surviving
spouse as defined in Section 78, as a result of the dissolution or
annulment of the begin delete marriage. end delete begin insert marriage or termination of registered
domestic partnership. end insert A judgment of legal separation that does
not terminate the status of spouses begin insert or domestic partners end insert is not a
dissolution for purposes of this section.

(b) Subdivision (a) does not cause a nonprobate transfer to fail
in any of the following cases:

(1) The nonprobate transfer is not subject to revocation by the
transferor at the time of the transferor’s death.

(2) There is clear and convincing evidence that the transferor
intended to preserve the nonprobate transfer to the former begin delete spouse. end delete
begin insert spouse or former domestic partner. end insert

(3) A court order that the nonprobate transfer be maintained on
behalf of the former spouse begin insert or former domestic partner end insert is in effect
at the time of the transferor’s death.

(c) Where a nonprobate transfer fails by operation of this section,
the instrument making the nonprobate transfer shall be treated as
it would if the former spouse begin insert or former domestic partner end insert failed to
survive the transferor.

(d) Nothing in this section affects the rights of a subsequent
purchaser or encumbrancer for value in good faith who relies on
the apparent failure of a nonprobate transfer under this section or
who lacks knowledge of the failure of a nonprobate transfer under
this section.

(e) As used in this section, “nonprobate transfer” means a
provision, other than a provision of a life insurance policy, of either
of the following types:

(1) A provision of a type described in Section 5000.

(2) A provision in an instrument that operates on death, other
than a will, conferring a power of appointment or naming a trustee.

begin delete SEC. 64. end delete
begin insert SEC. 84. end insert   

Section 5042 of the Probate Code is amended to read:

5042.  

(a) Except as provided in subdivision (b), a joint tenancy
between the decedent and the decedent’s former begin delete spouse, end delete begin insert spouse
or former domestic partner, end insert created before or during the begin delete marriage, end delete
begin insert marriage or registered domestic partnership, end insert is severed as to the
decedent’s interest if, at the time of the decedent’s death, the former
spouse begin insert or former domestic partner end insert is not the decedent’s surviving
spouse as defined in Section 78, as a result of the dissolution or
annulment of the begin delete marriage. end delete begin insert marriage or registered domestic
partnership. end insert A judgment of legal separation that does not terminate
the status of spouses begin insert or domestic partners end insert is not a dissolution for
purposes of this section.

(b) Subdivision (a) does not sever a joint tenancy in either of
the following cases:

(1) The joint tenancy is not subject to severance by the decedent
at the time of the decedent’s death.

(2) There is clear and convincing evidence that the decedent
intended to preserve the joint tenancy in favor of the former begin delete spouse. end delete
begin insert spouse or former domestic partner. end insert

(c) Nothing in this section affects the rights of a subsequent
purchaser or encumbrancer for value in good faith who relies on
an apparent severance under this section or who lacks knowledge
of a severance under this section.

(d) For purposes of this section, property held in “joint tenancy”
includes property held as community property with right of
survivorship, as described in Section 682.1 of the Civil Code.

begin delete SEC. 65. end delete
begin insert SEC. 85. end insert   

Section 5203 of the Probate Code is amended to read:

5203.  

(a) Words in substantially the following form in a
signature card, passbook, contract, or instrument evidencing an
account, or words to the same effect, executed before, on, or after
July 1, 1990, create the following accounts:

(1) Joint account: “This account or certificate is owned by the
named parties. Upon the death of any of them, ownership passes
to the survivor(s).”

(2) P.O.D. account with single party: “This account or certificate
is owned by the named party. Upon the death of that party,
ownership passes to the named pay-on-death payee(s).”

(3) P.O.D. account with multiple parties: “This account or
certificate is owned by the named parties. Upon the death of any
of them, ownership passes to the survivor(s). Upon the death of
all of them, ownership passes to the named pay-on-death payee(s).”

(4) Joint account of spouses begin insert or domestic partners end insert with right of
survivorship: “This account or certificate is owned by the named
parties, who are begin delete spouses, end delete begin insert spouses or domestic partners, end insert and is
presumed to be their community property. Upon the death of either
of them, ownership passes to the survivor.”

(5) Community property account of begin delete spouses: end delete begin insert spouses or
domestic partners: end insert “This account or certificate is the community
property of the named parties who are begin delete spouses. end delete begin insert spouses or domestic
partners. end insert The ownership during lifetime and after the death of a
spouse begin insert or domestic partner end insert is determined by the law applicable to
community property generally and may be affected by a will.”

(6) Tenancy in common account: “This account or certificate
is owned by the named parties as tenants in common. Upon the
death of any party, the ownership interest of that party passes to
the named pay-on-death payee(s) of that party or, if none, to the
estate of that party.”

(b) Use of the form language provided in this section is not
necessary to create an account that is governed by this part. If the
contract of deposit creates substantially the same relationship
between the parties as an account created using the form language
provided in this section, this part applies to the same extent as if
the form language had been used.

begin delete SEC. 66. end delete
begin insert SEC. 86. end insert   

Section 6122 of the Probate Code is amended to read:

6122.  

(a) Unless the will expressly provides otherwise, if after
executing a will the testator’s marriage is dissolved or annulled,
the dissolution or annulment revokes all of the following:

(1) Any disposition or appointment of property made by the
will to the former spouse.

(2) Any provision of the will conferring a general or special
power of appointment on the former spouse.

(3) Any provision of the will nominating the former spouse as
executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked
solely by this section, it is revived by the testator’s remarriage to
the former spouse.

(c) In case of revocation by dissolution or annulment:

(1) Property prevented from passing to a former spouse because
of the revocation passes as if the former spouse failed to survive
the testator.

(2) Other provisions of the will conferring some power or office
on the former spouse shall be interpreted as if the former spouse
failed to survive the testator.

(d) For purposes of this section, dissolution or annulment means
any dissolution or annulment which would exclude the spouse as
a surviving spouse within the meaning of Section 78. A decree of
legal separation which does not terminate the status of spouses is
not a dissolution for purposes of this section.

(e) Except as provided in Section 6122.1, no change of
circumstances other than as described in this section revokes a
will.

(f) Subdivisions (a) to (d), inclusive, do not apply to any case
where the final judgment of dissolution or annulment of marriage
occurs before January 1, 1985. That case is governed by the law
in effect prior to January 1, 1985.

begin delete SEC. 67. end delete
begin insert SEC. 87. end insert   

Section 6227 of the Probate Code is amended to read:

6227.  

(a) If after executing a California statutory will the
testator’s marriage is dissolved or annulled, begin delete the dissolution or
annulment end delete begin insert or the testator’s registered domestic partnership is
terminated, the dissolution, annulment, or termination end insert revokes
any disposition of property made by the will to the former spouse
begin insert or former domestic partner end insert and any nomination of the former
spouse begin insert or former domestic partner end insert as executor, trustee, guardian,
or custodian made by the will. If any disposition or nomination is
revoked solely by this section, it is revived by the testator’s
remarriage begin delete to end delete begin insert to, or entry into a subsequent registered domestic
partnership with, end insert the former begin delete spouse. end delete begin insert spouse or former domestic
partner. end insert

(b) In case of revocation by dissolution or annulment:

(1) Property prevented from passing to a former spouse begin insert or
former domestic partner end insert because of the revocation passes as if the
former spouse begin insert or former domestic partner end insert failed to survive the
testator.

(2) Provisions nominating the former spouse begin insert or former domestic
partner end insert as executor, trustee, guardian, or custodian shall be
interpreted as if the former spouse begin insert or former domestic partner end insert
failed to survive the testator.

(c) For purposes of this section, dissolution or annulment means
any dissolution or annulment that would exclude the spouse begin insert or
domestic partner end insert as a surviving spouse within the meaning of
Section 78. A decree of legal separation which does not terminate
the status of spouses begin insert or domestic partners end insert is not a dissolution or
annulment for purposes of this section.

(d) This section applies to any California statutory will, without
regard to the time when the will was executed, but this section
does not apply to any case where the final judgment of dissolution
or annulment of marriage occurs before January 1, 1985; and, if
the final judgment of dissolution or annulment of marriage occurs
before January 1, 1985, the case is governed by the law that applied
prior to January 1, 1985.

begin delete SEC. 68. end delete
begin insert SEC. 88. end insert   

Section 6240 of the Probate Code is amended to read:

6240.  

The following is the California Statutory Will form:

QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA
STATUTORY WILL

The following information, in question and answer form, is not
a part of the California Statutory Will. It is designed to help you
understand about Wills and to decide if this Will meets your needs.
This Will is in a simple form. The complete text of each paragraph
of this Will is printed at the end of the Will.

1. What happens if I die without a Will?  If you die without a
Will, what you own (your “assets”) in your name alone will be
divided among your spouse, domestic partner, children, or other
relatives according to state law. The court will appoint a relative
to collect and distribute your assets.

2. What can a Will do for me?  In a Will you may designate
who will receive your assets at your death. You may designate
someone (called an “executor”) to appear before the court, collect
your assets, pay your debts and taxes, and distribute your assets
as you specify. You may nominate someone (called a “guardian”)
to raise your children who are under age 18. You may designate
someone (called a “custodian”) to manage assets for your children
until they reach any age from 18 to 25.

3. Does a Will avoid probate?  No. With or without a Will,
assets in your name alone usually go through the court probate
process. The court’s first job is to determine if your Will is valid.

4. What is community property?  Can I give away my share in
my Will? If you are married begin insert or in a domestic partnership end insert and you
or your spouse begin insert or domestic partner end insert earned money during your
marriage begin insert or domestic partnership end insert from work and wages, that
money (and the assets bought with it) is community property. Your
Will can only give away your one-half of community property.
Your Will cannot give away your spouse’s begin insert or domestic partner’s end insert
one-half of community property.

5. Does my Will give away all of my assets?  Do all assets go
through probate? No. Money in a joint tenancy bank account
automatically belongs to the other named owner without probate.
If your spouse, domestic partner, or child is on the deed to your
house as a joint tenant, the house automatically passes to him or
her. Life insurance and retirement plan benefits may pass directly
to the named beneficiary. A Will does not necessarily control how
these types of “nonprobate” assets pass at your death.

6. Are there different kinds of Wills?  Yes. There are
handwritten Wills, typewritten Wills, attorney-prepared Wills, and
statutory Wills. All are valid if done precisely as the law requires.
You should see a lawyer if you do not want to use this Statutory
Will or if you do not understand this form.

7. Who may use this Will?  This Will is based on California
law. It is designed only for California residents. You may use this
form if you are single, married, a member of a domestic
partnership, or divorced. You must be age 18 or older and of sound
mind.

8. Are there any reasons why I should NOT use this Statutory
Will?  Yes. This is a simple Will. It is not designed to reduce death
taxes or other taxes. Talk to a lawyer to do tax planning, especially
if (i) your assets will be worth more than $600,000 or the current
amount excluded from estate tax under federal law at your death,
(ii) you own business-related assets, (iii) you want to create a trust
fund for your children’s education or other purposes, (iv) you own
assets in some other state, (v) you want to disinherit your spouse,
domestic partner, or descendants, or (vi) you have valuable interests
in pension or profit-sharing plans. You should talk to a lawyer
who knows about estate planning if this Will does not meet your
needs. This Will treats most adopted children like natural children.
You should talk to a lawyer if you have stepchildren or foster
children whom you have not adopted.

9. May I add or cross out any words on this Will?  No. If you
do, the Will may be invalid or the court may ignore the crossed
out or added words. You may only fill in the blanks. You may
amend this Will by a separate document (called a codicil). Talk to
a lawyer if you want to do something with your assets which is
not allowed in this form.

10. May I change my Will?  Yes. A Will is not effective until
you die. You may make and sign a new Will. You may change
your Will at any time, but only by an amendment (called a codicil).
You can give away or sell your assets before your death. Your
Will only acts on what you own at death.

11. Where should I keep my Will?  After you and the witnesses
sign the Will, keep your Will in your safe deposit box or other safe
place. You should tell trusted family members where your Will is
kept.

12. When should I change my Will?  You should make and sign
a new Will if you marry, divorce, or terminate your domestic
partnership after you sign this Will. Divorce, annulment, or
termination of a domestic partnership automatically cancels all
property stated to pass to a former spouse or domestic partner
under this Will, and revokes the designation of a former spouse
or domestic partner as executor, custodian, or guardian. You should
sign a new Will when you have more children, or if your spouse
or a child dies, or a domestic partner dies or marries. You may
want to change your Will if there is a large change in the value of
your assets. You may also want to change your Will if you enter
a domestic partnership or your domestic partnership has been
terminated after you sign this Will.

13. What can I do if I do not understand something in this Will? 
If there is anything in this Will you do not understand, ask a lawyer
to explain it to you.

14. What is an executor?  An “executor” is the person you name
to collect your assets, pay your debts and taxes, and distribute your
assets as the court directs. It may be a person or it may be a
qualified bank or trust company.

15. Should I require a bond?  You may require that an executor
post a “bond.” A bond is a form of insurance to replace assets that
may be mismanaged or stolen by the executor. The cost of the
bond is paid from the estate’s assets.

16. What is a guardian?  Do I need to designate one? If you
have children under age 18, you should designate a guardian of
their “persons” to raise them.

17. What is a custodian?  Do I need to designate one? A
“custodian” is a person you may designate to manage assets for
someone (including a child) who is under the age of 25 and who
receives assets under your Will. The custodian manages the assets
and pays as much as the custodian determines is proper for health,
support, maintenance, and education. The custodian delivers what
is left to the person when the person reaches the age you choose
(from 18 to 25). No bond is required of a custodian.

18. Should I ask people if they are willing to serve before I
designate them as executor, guardian, or custodian?  Probably
yes. Some people and banks and trust companies may not consent
to serve or may not be qualified to act.

19. What happens if I make a gift in this Will to someone and
that person dies before I do?  A person must survive you by 120
hours to take a gift under this Will. If that person does not, then
the gift fails and goes with the rest of your assets. If the person
who does not survive you is a relative of yours or your begin delete spouse, end delete
begin insert spouse or domestic partner, end insert then certain assets may go to the
relative’s descendants.

20. What is a trust?  There are many kinds of trusts, including
trusts created by Wills (called “testamentary trusts”) and trusts
created during your lifetime (called “revocable living trusts”). Both
kinds of trusts are long-term arrangements in which a manager
(called a “trustee”) invests and manages assets for someone (called
a “beneficiary”) on the terms you specify. Trusts are too
complicated to be used in this Statutory Will. You should see a
lawyer if you want to create a trust.

21. What is a domestic partner?  You have a domestic partner
if you have met certain legal requirements and filed a form entitled
“Declaration of Domestic Partnership” with the Secretary of State.
Notwithstanding Section 299.6 of the Family Code, if you have
not filed a Declaration of Domestic Partnership with the Secretary
of State, you do not meet the required definition and should not
use the section of the Statutory Will form that refers to domestic
partners even if you have registered your domestic partnership
with another governmental entity. If you are unsure if you have a
domestic partner or if your domestic partnership meets the required
definition, please contact the Secretary of State’s office.

INSTRUCTIONS

1. READ THE WILL.  Read the whole Will first. If you do not
understand something, ask a lawyer to explain it to you.

2. FILL IN THE BLANKS.  Fill in the blanks. Follow the
instructions in the form carefully. Do not add any words to the
Will (except for filling in blanks) or cross out any words.

3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES
SIGN IT.  Date and sign the Will and have two witnesses sign it.
You and the witnesses should read and follow the Notice to
Witnesses found at the end of this Will.

*You do not need to have this document notarized. Notarization
will not fulfill the witness requirement.

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[6 pages]

begin delete SEC. 69. end delete
begin insert SEC. 89. end insert   

Section 13500 of the Probate Code is amended to
read:

13500.  

Except as provided in this chapter, when a spouse begin insert or
domestic partner end insert dies intestate leaving property that passes to the
surviving spouse begin insert or surviving domestic partner end insert under Section
6401, or dies testate and by his or her will devises all or a part of
his or her property to the surviving begin delete spouse, end delete begin insert spouse or surviving
domestic partner, end insert the property passes to the survivor subject to
the provisions of Chapter 2 (commencing with Section 13540) and
Chapter 3 (commencing with Section 13550), and no administration
is necessary.

begin delete SEC. 70. end delete
begin insert SEC. 90. end insert   

Section 13600 of the Probate Code is amended to
read:

13600.  

(a) At any time after a spouse begin insert or domestic partner end insert dies,
the surviving begin delete spouse end delete begin insert spouse, surviving domestic partner, end insert or the
guardian or conservator of the estate of the surviving spouse begin insert or
surviving domestic partner end insert may, without procuring letters of
administration or awaiting probate of the will, collect salary or
other compensation owed by an employer for personal services of
the deceased begin delete spouse, end delete begin insert spouse or deceased domestic partner, end insert
including compensation for unused vacation, not in excess of
fifteen thousand dollars ($15,000) net.

(b) Not more than fifteen thousand dollars ($15,000) net in the
aggregate may be collected by or for the surviving spouse begin insert or
surviving domestic partner end insert under this chapter from all of the
employers of the decedent.

(c) For the purposes of this chapter, a guardian or conservator
of the estate of the surviving spouse begin insert or surviving domestic partner end insert
may act on behalf of the surviving spouse begin insert or surviving domestic
partner end insert without authorization or approval of the court in which
the guardianship or conservatorship proceeding is pending.

(d) The fifteen-thousand-dollar ($15,000) net limitation set forth
in subdivisions (a) and (b) does not apply to the surviving begin delete spouse end delete
begin insert spouse, surviving domestic partner, end insert or the guardian or conservator
of the estate of the surviving spouse begin insert or surviving domestic partner end insert
of a firefighter or peace officer described in subdivision (a) of
Section 22820 of the Government Code.

(e) On January 1, 2003, and on January 1 of each year thereafter,
the maximum net amount of salary or compensation payable under
subdivisions (a) and (b) to the surviving begin delete spouse end delete begin insert spouse, surviving
domestic partner, end insert or the guardian or conservator of the estate of
the surviving spouse begin insert or surviving domestic partner end insert may be adjusted
to reflect any increase in the cost of living occurring after January
1 of the immediately preceding year. The United States city average
of the “Consumer Price Index for All Urban Consumers,” as
published by the United States Bureau of Labor Statistics, shall
be used as the basis for determining the changes in the cost of
living. The cost-of-living increase shall equal or exceed 1 percent
before any adjustment is made. The net amount payable may not
be decreased as a result of the cost-of-living adjustment.

begin insert

begin insert SEC. 91. end insert   

end insert

begin insert Section 10430 of the end insert begin insert Public Contract Code end insert begin insert is amended
to read: end insert

10430.  

This chapter does not apply to any of the following:

(a) The Regents of the University of California and the Trustees
of the California State University, except that Article 9
(commencing with Section 10420) shall apply to the Trustees of
the California State University.

(b) (1) Transactions covered under Chapter 3 (commencing
with Section 12100), except that Sections 10365.5, 10410, and
10411 shall apply to all transactions under that chapter.

(2) Notwithstanding paragraph (1), Section 10365.5 shall not
apply to incidental advice or suggestions made outside of the scope
of a consulting services contract.

(3) (A) Notwithstanding paragraph (1), Section 10365.5 shall
not apply to a contract that is part of a single competitive
procurement conducted in more than one stage for information
technology goods or services, when the Director of the Department
of General Services and the Chief Information Officer determine
that there is no conflict of interest under Section 10365.5 and that
it is in the best interest of the state to utilize this procurement
method. Nothing in this section shall preclude the applicability of
Section 12112 to this procurement method.

(B) The Department of General Services shall annually submit
a report on its Internet Web site describing each determination
granted pursuant to subparagraph (A), listing the basis for the
determination, and disclosing the total amount of money paid or
to be paid to the contractor under the contract that was the subject
of the determination. The department shall provide notice to the
Joint Legislative Budget Committee within 30 days of the posting
of the report.

(C) For purposes of this paragraph, “information technology”
means information technology goods or services, or both, as
appropriate.

(c) Except as otherwise provided in this chapter, any entity
exempted from Section 10295. However, the Board of Governors
of the California Community Colleges shall be governed by this
chapter, except as provided in Sections 10295, 10335, and 10389.
The Department of Water Resources shall be governed by this
chapter, except as provided in Sections 10295.6, 10304.1, 10335,
and 10340.

(d) Transactions covered under Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.

(e) Except as provided for in subdivision (c), members of boards
or commissions who receive no payment other than payment for
each meeting of the board or commission, payment for preparatory
time, and payment for per diem.

(f) The emergency purchase of protective vests for correctional
peace officers whose duties require routine contact with state prison
inmates. This subdivision shall remain operative only until January
1, 1987.

(g) Spouses begin insert or domestic partners end insert of state officers or employees
and individuals and entities that employ spouses begin insert or domestic
partners end insert of state officers and employees, that are vendored to
provide services to regional center clients pursuant to Section 4648
of the Welfare and Institutions Code if the vendor of services, in
that capacity, does not receive any material financial benefit,
distinguishable from the benefit to the public generally, from any
governmental decision made by the state officer or employee.

begin insert

begin insert SEC. 92. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 93. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 94. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 71. end delete
begin insert SEC. 95. end insert   

Section 17021 of the Revenue and Taxation Code is
amended to read:

17021.  

As used in this part, if the spouses begin insert or domestic partners end insert
therein referred to are begin delete divorced, end delete begin insert divorced or are no longer domestic
partners, end insert wherever appropriate to the meaning of this part, the
term “spouse” shall be read “former spouse.”

begin delete SEC. 72. end delete
begin insert SEC. 96. end insert   

Section 17039 of the Revenue and Taxation Code is
amended to read:

17039.  

(a) Notwithstanding any provision in this part to the
contrary, for the purposes of computing tax credits, the term “net
tax” means the tax imposed under either Section 17041 or 17048
plus the tax imposed under Section 17504 (relating to lump-sum
distributions) less the credits allowed by Section 17054 (relating
to personal exemption credits) and any amount imposed under
paragraph (1) of subdivision (d) and paragraph (1) of subdivision
(e) of Section 17560. Notwithstanding the preceding sentence, the
“net tax” shall not be less than the tax imposed under Section
17504 (relating to the separate tax on lump-sum distributions), if
any. Credits shall be allowed against “net tax” in the following
order:

(1) Credits that do not contain carryover or refundable
provisions, except those described in paragraphs (4) and (5).

(2) Credits that contain carryover provisions but do not contain
refundable provisions, except for those that are allowed to reduce
“net tax” below the tentative minimum tax, as defined by Section
17062.

(3) Credits that contain both carryover and refundable
provisions.

(4) The minimum tax credit allowed by Section 17063 (relating
to the alternative minimum tax).

(5) Credits that are allowed to reduce “net tax” below the
tentative minimum tax, as defined by Section 17062.

(6) Credits for taxes paid to other states allowed by Chapter 12
(commencing with Section 18001).

(7) Credits that contain refundable provisions but do not contain
carryover provisions.

The order within each paragraph shall be determined by the
Franchise Tax Board.

(b) Notwithstanding the provisions of Sections 17061 (relating
to refunds pursuant to the Unemployment Insurance Code) and
19002 (relating to tax withholding), the credits provided in those
sections shall be allowed in the order provided in paragraph (6) of
subdivision (a).

(c) (1) Notwithstanding any other provision of this part, no tax
credit shall reduce the tax imposed under Section 17041 or 17048
plus the tax imposed under Section 17504 (relating to the separate
tax on lump-sum distributions) below the tentative minimum tax,
as defined by Section 17062, except the following credits:

(A) The credit allowed by Section 17052.2 (relating to teacher
retention tax credit).

(B) The credit allowed by former Section 17052.4 (relating to
solar energy).

(C) The credit allowed by former Section 17052.5 (relating to
solar energy, repealed on January 1, 1987).

(D) The credit allowed by former Section 17052.5 (relating to
solar energy, repealed on December 1, 1994).

(E) The credit allowed by Section 17052.12 (relating to research
expenses).

(F) The credit allowed by former Section 17052.13 (relating to
sales and use tax credit).

(G) The credit allowed by former Section 17052.15 (relating to
Los Angeles Revitalization Zone sales tax credit).

(H) The credit allowed by Section 17052.25 (relating to the
adoption costs credit).

(I) The credit allowed by Section 17053.5 (relating to the
renter’s credit).

(J) The credit allowed by former Section 17053.8 (relating to
enterprise zone hiring credit).

(K) The credit allowed by former Section 17053.10 (relating to
Los Angeles Revitalization Zone hiring credit).

(L) The credit allowed by former Section 17053.11 (relating to
program area hiring credit).

(M) For each taxable year beginning on or after January 1, 1994,
the credit allowed by former Section 17053.17 (relating to Los
Angeles Revitalization Zone hiring credit).

(N) The credit allowed by Section 17053.33 (relating to targeted
tax area sales or use tax credit).

(O) The credit allowed by Section 17053.34 (relating to targeted
tax area hiring credit).

(P) The credit allowed by Section 17053.49 (relating to qualified
property).

(Q) The credit allowed by Section 17053.70 (relating to
enterprise zone sales or use tax credit).

(R) The credit allowed by Section 17053.74 (relating to
enterprise zone hiring credit).

(S) The credit allowed by Section 17054 (relating to credits for
personal exemption).

(T) The credit allowed by Section 17054.5 (relating to the credits
for a qualified joint custody head of household and a qualified
taxpayer with a dependent parent).

(U) The credit allowed by Section 17054.7 (relating to the credit
for a senior head of household).

(V) The credit allowed by former Section 17057 (relating to
clinical testing expenses).

(W) The credit allowed by Section 17058 (relating to
low-income housing).

(X) For taxable years beginning on or after January 1, 2014, the
credit allowed by Section 17059.2 (relating to GO-Biz California
Competes Credit).

(Y) The credit allowed by Section 17061 (relating to refunds
pursuant to the Unemployment Insurance Code).

(Z) Credits for taxes paid to other states allowed by Chapter 12
(commencing with Section 18001).

(AA) The credit allowed by Section 19002 (relating to tax
withholding).

(AB) For taxable years beginning on or after January 1, 2014,
the credit allowed by Section 17053.86 (relating to the College
Access Tax Credit Fund).

(AC) For taxable years beginning on or after January 1, 2017,
the credit allowed by Section 17053.87 (relating to the College
Access Tax Credit Fund).

(2) Any credit that is partially or totally denied under paragraph
(1) shall be allowed to be carried over and applied to the net tax
in succeeding taxable years, if the provisions relating to that credit
include a provision to allow a carryover when that credit exceeds
the net tax.

(d) Unless otherwise provided, any remaining carryover of a
credit allowed by a section that has been repealed or made
inoperative shall continue to be allowed to be carried over under
the provisions of that section as it read immediately prior to being
repealed or becoming inoperative.

(e) (1) Unless otherwise provided, if two or more taxpayers
(other than begin delete spouses) end delete begin insert spouses or domestic partners) end insert share in costs
that would be eligible for a tax credit allowed under this part, each
taxpayer shall be eligible to receive the tax credit in proportion to
his or her respective share of the costs paid or incurred.

(2) In the case of a partnership, the credit shall be allocated
among the partners pursuant to a written partnership agreement in
accordance with Section 704 of the Internal Revenue Code, relating
to partner’s distributive share.

(3) In the case of spouses begin insert or domestic partners end insert who file separate
returns, the credit may be taken by either or equally divided
between them.

(f) Unless otherwise provided, in the case of a partnership, any
credit allowed by this part shall be computed at the partnership
level, and any limitation on the expenses qualifying for the credit
or limitation upon the amount of the credit shall be applied to the
partnership and to each partner.

(g) (1) With respect to any taxpayer that directly or indirectly
owns an interest in a business entity that is disregarded for tax
purposes pursuant to Section 23038 and any regulations thereunder,
the amount of any credit or credit carryforward allowable for any
taxable year attributable to the disregarded business entity shall
be limited in accordance with paragraphs (2) and (3).

(2) The amount of any credit otherwise allowed under this part,
including any credit carryover from prior years, that may be applied
to reduce the taxpayer’s “net tax,” as defined in subdivision (a),
for the taxable year shall be limited to an amount equal to the
excess of the taxpayer’s regular tax (as defined in Section 17062),
determined by including income attributable to the disregarded
business entity that generated the credit or credit carryover, over
the taxpayer’s regular tax (as defined in Section 17062), determined
by excluding the income attributable to that disregarded business
entity. No credit shall be allowed if the taxpayer’s regular tax (as
defined in Section 17062), determined by including the income
attributable to the disregarded business entity, is less than the
taxpayer’s regular tax (as defined in Section 17062), determined
by excluding the income attributable to the disregarded business
entity.

(3) If the amount of a credit allowed pursuant to the section
establishing the credit exceeds the amount allowable under this
subdivision in any taxable year, the excess amount may be carried
over to subsequent taxable years pursuant to subdivisions (c) and
(d).

(h) (1) Unless otherwise specifically provided, in the case of a
taxpayer that is a partner or shareholder of an eligible pass-thru
entity described in paragraph (2), any credit passed through to the
taxpayer in the taxpayer’s first taxable year beginning on or after
the date the credit is no longer operative may be claimed by the
taxpayer in that taxable year, notwithstanding the repeal of the
statute authorizing the credit prior to the close of that taxable year.

(2) For purposes of this subdivision, “eligible pass-thru entity”
means any partnership or “S” corporation that files its return on a
fiscal year basis pursuant to Section 18566, and that is entitled to
a credit pursuant to this part for the taxable year that begins during
the last year the credit is operative.

(3) This subdivision shall apply to credits that become
inoperative on or after the operative date of the act adding this
subdivision.

begin delete SEC. 73. end delete
begin insert SEC. 97. end insert   

Section 17045 of the Revenue and Taxation Code is
amended to read:

17045.  

In the case of a joint return of a married couple begin insert or
domestic partners end insert under Section 18521, the tax imposed by Section
17041 shall be twice the tax which would be imposed if the taxable
income were cut in half.

For purposes of this section, a return of a surviving spouse (as
defined in Section 17046) begin insert or a surviving domestic partner end insert shall
be treated as a joint return of a married begin delete couple. end delete begin insert couple or domestic
partners. end insert

begin delete SEC. 74. end delete
begin insert SEC. 98. end insert   

Section 17053.5 of the Revenue and Taxation Code
is amended to read:

17053.5.  

(a) (1) For a qualified renter, there shall be allowed
a credit against his or her “net tax,” as defined in Section 17039.
The amount of the credit shall be as follows:

(A) For married couples begin insert or domestic partners end insert filing joint returns,
heads of household, begin insert surviving domestic partners, end insert and surviving
spouses, as defined in Section 17046, the credit shall be equal to
one hundred twenty dollars ($120) if adjusted gross income is fifty
thousand dollars ($50,000) or less.

(B) For other individuals, the credit shall be equal to sixty dollars
($60) if adjusted gross income is twenty-five thousand dollars
($25,000) or less.

(2) Except as provided in subdivision (b), a married couple begin insert or
domestic partners end insert shall receive but one credit under this section.
If the spouses begin insert or domestic partners end insert file separate returns, the credit
may be taken by either or equally divided between them, except
as follows:

(A) If one spouse begin insert or domestic partner end insert was a resident for the
entire taxable year and the other spouse begin insert or domestic partner end insert was
a nonresident for part or all of the taxable year, the resident spouse
begin insert or domestic partner end insert shall be allowed one-half the credit allowed
to married persons and the nonresident spouse begin insert or domestic partner end insert
shall be permitted one-half the credit allowed to married begin delete persons, end delete
begin insert persons or domestic partners, end insert prorated as provided in subdivision
(e).

(B) If both spouses begin insert or domestic partners end insert were nonresidents for
part of the taxable year, the credit allowed to married persons begin insert or
domestic partners end insert shall be divided equally between them subject
to the proration provided in subdivision (e).

(b) For a married begin delete couple, end delete begin insert couple or domestic partners, end insert if each
spouse begin insert or domestic partner end insert maintained a separate place of residence
and resided in this state during the entire taxable year, each spouse
begin insert or domestic partner end insert will be allowed one-half the full credit allowed
to married persons begin insert or domestic partners end insert provided in subdivision
(a).

(c) For purposes of this section, a “qualified renter” means an
individual who satisfies both of the following:

(1) Was a resident of this state, as defined in Section 17014.

(2) Rented and occupied premises in this state which constituted
his or her principal place of residence during at least 50 percent
of the taxable year.

(d) “Qualified renter” does not include any of the following:

(1) An individual who for more than 50 percent of the taxable
year rented and occupied premises that were exempt from property
taxes, except that an individual, otherwise qualified, is deemed a
qualified renter if he or she or his or her landlord pays possessory
interest taxes, or the owner of those premises makes payments in
lieu of property taxes that are substantially equivalent to property
taxes paid on properties of comparable market value.

(2) An individual whose principal place of residence for more
than 50 percent of the taxable year is with another person who
claimed that individual as a dependent for income tax purposes.

(3) An individual who has been granted or whose spouse begin insert or
domestic partner end insert has been granted the homeowners’ property tax
exemption during the taxable year. This paragraph does not apply
to an individual whose spouse begin insert or domestic partner end insert has been granted
the homeowners’ property tax exemption if each spouse begin insert or
domestic partner end insert maintained a separate residence for the entire
taxable year.

(e) An otherwise qualified renter who is a nonresident for any
portion of the taxable year shall claim the credits set forth in
subdivision (a) at the rate of one-twelfth of those credits for each
full month that individual resided within this state during the
taxable year.

(f) A person claiming the credit provided in this section shall,
as part of that claim, and under penalty of perjury, furnish that
information as the Franchise Tax Board prescribes on a form
supplied by the board.

(g) The credit provided in this section shall be claimed on returns
in the form as the Franchise Tax Board may from time to time
prescribe.

(h) For purposes of this section, “premises” means a house or
a dwelling unit used to provide living accommodations in a
building or structure and the land incidental thereto, but does not
include land only, unless the dwelling unit is a mobilehome. The
credit is not allowed for any taxable year for the rental of land
upon which a mobilehome is located if the mobilehome has been
granted a homeowners’ exemption under Section 218 in that year.

(i) This section shall become operative on January 1, 1998, and
applies to any taxable year beginning on or after January 1, 1998.

(j) For each taxable year beginning on or after January 1, 1999,
the Franchise Tax Board shall recompute the adjusted gross income
amounts set forth in subdivision (a). The computation shall be
made as follows:

(1) The Department of Industrial Relations shall transmit
annually to the Franchise Tax Board the percentage change in the
California Consumer Price Index for all items from June of the
prior calendar year to June of the current year, no later than August
1 of the current calendar year.

(2) The Franchise Tax Board shall compute an inflation
adjustment factor by adding 100 percent to the portion of the
percentage change figure which is furnished pursuant to paragraph
(1) and dividing the result by 100.

(3) The Franchise Tax Board shall multiply the amount in
subparagraph (B) of paragraph (1) of subdivision (d) for the
preceding taxable year by the inflation adjustment factor
determined in paragraph (2), and round off the resulting products
to the nearest one dollar ($1).

(4) In computing the amounts pursuant to this subdivision, the
amounts provided in subparagraph (A) of paragraph (1) of
subdivision (a) shall be twice the amount provided in subparagraph
(B) of paragraph (1) of subdivision (a).

begin delete SEC. 75. end delete
begin insert SEC. 99. end insert   

Section 17054 of the Revenue and Taxation Code is
amended to read:

17054.  

In the case of individuals, the following credits for
personal exemption may be deducted from the tax imposed under
Section 17041 or 17048, less any increases imposed under
paragraph (1) of subdivision (d) or paragraph (1) of subdivision
(e), or both, of Section 17560.

(a) In the case of a single individual, a head of household, or a
married individual begin insert or domestic partner end insert making a separate return,
a credit of fifty-two dollars ($52).

(b) In the case of a begin insert surviving domestic partner, end insert surviving spouse
(as defined in Section 17046), or a married couple begin insert or domestic
partners end insert making a joint return, a credit of one hundred four dollars
($104). If one spouse begin insert or domestic partner end insert was a resident for the
entire taxable year and the other spouse begin insert or domestic partner end insert was
a nonresident for all or any portion of the taxable year, the personal
exemption shall be divided equally.

(c) In addition to any other credit provided in this section, in
the case of an individual who is 65 years of age or over by the end
of the taxable year, a credit of fifty-two dollars ($52).

(d) (1) A credit of two hundred twenty-seven dollars ($227)
for each dependent (as defined in Section 17056) for whom an
exemption is allowable under Section 151(c) of the Internal
Revenue Code, relating to additional exemption for dependents.
The credit allowed under this subdivision for taxable years
beginning on or after January 1, 1999, shall not be adjusted
pursuant to subdivision (i) for any taxable year beginning before
January 1, 2000.

(2) (A) For taxable years beginning on or after January 1, 2015,
a credit shall not be allowed under paragraph (1) with respect to
any individual unless the identification number, as defined in
Section 6109 of the Internal Revenue Code, of that individual is
included on the return claiming the credit.

(B) A disallowance of a credit due to the omission of a correct
identification number required under this paragraph, may be
assessed by the Franchise Tax Board in the same manner as is
provided by Section 19051 in the case of a mathematical error
appearing on the return. A claimant shall have the right to claim
a credit or refund of adjusted amounts within the period provided
in Section 19306, 19307, 19308, or 19311, whichever period
expires later.

(3) (A) For taxable years beginning on or after January 1, 2009,
the credit allowed under paragraph (1) for each dependent shall
be equal to the credit allowed under subdivision (a). This
subparagraph shall cease to be operative for taxable years beginning
on or after January 1, 2011, unless the Director of Finance makes
the notification pursuant to Section 99040 of the Government
Code, in which case this subparagraph shall cease to be operative
for taxable years beginning on or after January 1, 2013.

(B) For taxable years that subparagraph (A) ceases to be
operative, the credit allowed under paragraph (1) for each
dependent shall be equal to the amount that would be allowed if
subparagraph (A) had never been operative.

(e) A credit for personal exemption of fifty-two dollars ($52)
for the taxpayer if he or she is blind at the end of his or her taxable
year.

(f) A credit for personal exemption of fifty-two dollars ($52)
for the spouse begin insert or domestic partner end insert of the taxpayer if a separate
return is made by the taxpayer, and if the spouse begin insert or domestic
partner end insert is blind and, for the calendar year in which the taxable
year of the taxpayer begins, has no gross income and is not the
dependent of another taxpayer.

(g) For the purposes of this section, an individual is blind only
if either (1) his or her central visual acuity does not exceed 20/200
in the better eye with correcting lenses, or (2) his or her visual
acuity is greater than 20/200 but is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees.

(h) In the case of an individual with respect to whom a credit
under this section is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual’s
taxable year begins, the credit amount applicable to that individual
for that individual’s taxable year is zero.

(i) For each taxable year beginning on or after January 1, 1989,
the Franchise Tax Board shall compute the credits prescribed in
this section. That computation shall be made as follows:

(1) The begin delete California end delete Department of Industrial Relations shall
transmit annually to the Franchise Tax Board the percentage change
in the California Consumer Price Index for all items from June of
the prior calendar year to June of the current calendar year, no
later than August 1 of the current calendar year.

(2) The Franchise Tax Board shall add 100 percent to the
percentage change figure which is furnished to them pursuant to
paragraph (1), and divide the result by 100.

(3) The Franchise Tax Board shall multiply the immediately
preceding taxable year credits by the inflation adjustment factor
determined in paragraph (2), and round off the resulting products
to the nearest one dollar ($1).

(4) In computing the credits pursuant to this subdivision, the
credit provided in subdivision (b) shall be twice the credit provided
in subdivision (a).

begin delete SEC. 76. end delete
begin insert SEC. 100. end insert   

Section 17077 of the Revenue and Taxation Code
is amended to read:

17077.  

Section 68 of the Internal Revenue Code, relating to
overall limitation on itemized deductions, shall apply, except as
otherwise provided.

(a) “Six percent” shall be substituted for “3 percent” in Section
68(a)(1) of the Internal Revenue Code.

(b) Section 68(b)(1) of the Internal Revenue Code shall not
apply and in lieu thereof the term “applicable amount” in each
place it appears in Section 68(a) of the Internal Revenue Code
means one hundred thousand dollars ($100,000) in the case of a
single begin delete individual or a end delete begin insert individual, end insert married begin delete individual end delete begin insert individual, or
domestic partner end insert filing a separate return, one hundred fifty
thousand dollars ($150,000) in the case of a head of household,
and two hundred thousand dollars ($200,000) in the case of a
surviving begin delete spouse or a end delete begin insert spouse, surviving domestic partner, end insert married
begin delete couple end delete begin insert couple, or domestic partners end insert filing a joint return.

(c) Section 68(b)(2) of the Internal Revenue Code, relating to
inflation adjustments, shall not apply. However, for any taxable
year beginning on or after January 1, 1992, the applicable amounts
specified in subdivision (b) shall be recomputed annually in the
same manner as the recomputation of income tax brackets under
subdivision (h) of Section 17041.

(d) Section 68(f) of the Internal Revenue Code, relating to
phaseout of limitation, shall not apply.

(e) Section 68(g) of the Internal Revenue Code, relating to
termination, shall not apply.

begin delete SEC. 77. end delete
begin insert SEC. 101. end insert   

Section 17555 of the Revenue and Taxation Code
is amended to read:

17555.  

In any case where spouses begin insert or domestic partners end insert file
separate returns, the Franchise Tax Board may distribute, apportion,
or allocate gross income between the begin delete spouses, end delete begin insert spouses or domestic
partners, end insert if it is determined that such distribution, apportionment,
or allocation is necessary in order to reflect the proper income of
the begin delete spouses. end delete begin insert spouses or domestic partners. end insert

begin delete SEC. 78. end delete
begin insert SEC. 102. end insert   

Section 18501 of the Revenue and Taxation Code
is amended to read:

18501.  

(a) Every individual taxable under Part 10
(commencing with Section 17001) shall make a return to the
Franchise Tax Board, stating specifically the items of the
individual’s gross income from all sources and the deductions and
credits allowable, if the individual has any of the following for the
taxable year:

(1) An adjusted gross income from all sources in excess of eight
thousand dollars ($8,000), if single.

(2) An adjusted gross income from all sources in excess of
sixteen thousand dollars ($16,000), if begin delete married. end delete begin insert married or in a
registered domestic partnership. end insert

(3) A gross income from all sources in excess of ten thousand
dollars ($10,000), if single, and twenty thousand dollars ($20,000),
if begin delete married, end delete begin insert married or in a registered domestic partnership, end insert
regardless of the amount of adjusted gross income.

(4) In the case of an individual described in Section 63(c)(5) of
the Internal Revenue Code, relating to limitation on basic standard
deduction in the case of certain dependents, a gross income from
all sources that exceeds the amount of the standard deduction
allowed under that section.

(b) If a married couple begin delete has end delete begin insert or domestic partners have end insert for the
taxable year an adjusted gross income from all sources in excess
of sixteen thousand dollars ($16,000) or a gross income from all
sources in excess of twenty thousand dollars ($20,000), each spouse
begin insert or domestic partner end insert shall make a return or the income of each shall
be included on a single joint return as otherwise provided in this
article.

(c) For any individual described in paragraph (1) or (2), the
Franchise Tax Board shall recompute the amounts provided in
subdivision (b) and paragraphs (1) to (3), inclusive, of subdivision
(a) as follows:

(1) For any individual eligible to claim the credit described in
subdivision (c) of Section 17054, the Franchise Tax Board shall
increase the income amounts described in subdivision (b) and
paragraphs (1) to (3), inclusive, of subdivision (a), as adjusted by
subdivision (d), by the quotient provided by dividing the credit
described in subdivision (c) of Section 17054, as adjusted in
subdivision (i) of Section 17054, by 2 percent.

(2) For any begin delete individual or end delete begin insert individual, end insert married begin delete couple end delete begin insert couple, or
domestic partners end insert eligible to claim the credit described in
subdivision (d) of Section 17054, the Franchise Tax Board shall
increase the income amounts described in subdivision (b) or
paragraphs (1) to (3), inclusive, of subdivision (a), as adjusted by
subdivision (d), by the quotient provided by dividing each credit
described in subdivision (d) of Section 17054, as adjusted in
subdivision (i) of Section 17054, by the following:

(A) If the begin delete individual or end delete begin insert individual, end insert married begin delete couple is end delete begin insert couple, or
domestic partners are end insert not eligible to claim the credit allowed in
subdivision (c) of Section 17054, 3 percent for the first dependent
credit and 4 percent for the second dependent credit, if any.

(B) If the begin delete individual or end delete begin insert individual, end insert married begin delete couple is end delete begin insert couple, or
domestic partners are end insert eligible to claim the credit allowed in
subdivision (c) of Section 17054, 4 percent for the first dependent
credit and 5 percent for the second dependent credit, if any.

(d) For each taxable year beginning on or after January 1, 1996,
the Franchise Tax Board shall recompute the income amounts
prescribed in paragraphs (1) to (3), inclusive, of subdivision (a)
and in subdivision (b), as follows:

(1) The Department of Industrial Relations shall transmit
annually to the Franchise Tax Board the percentage change in the
California Consumer Price Index for all items from June of the
prior calendar year to June of the current calendar year, no later
than August 1 of the current calendar year.

(2) The Franchise Tax Board shall do both of the following:

(A) Compute an inflation adjustment factor by adding 100
percent to the percentage change figure that is furnished pursuant
to paragraph (1) and dividing the result by 100.

(B) Multiply the income amounts for the preceding taxable year
by the inflation adjustment factor determined in subparagraph (A)
and round off the resulting products to the nearest one dollar ($1).

(e) The changes to subdivision (c) made by the act adding this
subdivision shall apply to each taxable year beginning on or after
January 1, 1999.

begin delete SEC. 79. end delete
begin insert SEC. 103. end insert   

Section 18522 of the Revenue and Taxation Code
is amended to read:

18522.  

If an individual has filed a separate return for a taxable
year for which a joint return could have been made by him or her
and his or her spouse under Section 18521, and the time prescribed
for filing the return for that taxable year has expired, that individual
and his or her spouse may nevertheless make a joint return for that
taxable year, provided a joint federal income tax return is made
under the provisions of Section 6013(b) of the Internal Revenue
Code. A joint return filed by the married couple in that case shall
constitute the return of the married couple for that taxable year,
and all payments, credits, refunds, or other repayments made or
allowed with respect to the separate return of either spouse for that
taxable year shall be taken into account in determining the extent
to which the tax based upon the joint return has been paid.

begin delete SEC. 80. end delete
begin insert SEC. 104. end insert   

Section 18530 of the Revenue and Taxation Code
is amended to read:

18530.  

Where the amount shown as the tax by the married
couple on a joint return made under Section 18522 exceeds the
aggregate of the amounts shown as the tax upon the separate return
of each spouse, each of the following shall apply:

(a) If any part of the excess is attributable to negligence or
intentional disregard of rules and regulations (but without intent
to defraud) at the time of the making of the separate return, then
20 percent of the total amount of the excess shall be assessed,
collected, and paid, in lieu of the 20 percent addition to the tax
provided in subdivision (a) of Section 19164.

(b) If any part of the excess is attributable to fraud with intent
to evade tax at the time of the making of the separate return, then
75 percent of the total amount of the excess shall be assessed,
collected, and paid, in lieu of the 75 percent addition to the tax
provided in subdivision (b) of Section 19164.

begin delete SEC. 81. end delete
begin insert SEC. 105. end insert   

Section 18531.5 of the Revenue and Taxation Code
is amended to read:

18531.5.  

For purposes of Section 443 of the Internal Revenue
Code, where the spouses have different taxable years because of
the death of either spouse, the joint return shall be treated as if the
taxable years of both spouses ended on the date of the closing of
the surviving spouse’s taxable year.

begin delete SEC. 82. end delete
begin insert SEC. 106. end insert   

Section 18532 of the Revenue and Taxation Code
is amended to read:

18532.  

For the purposes of this article, each of the following
shall apply:

(a) The status as married begin insert or as domestic partners end insert of two
individuals having taxable years beginning on the same day shall
be determined as follows:

(1) If both have the same taxable year, then as of the close of
that year.

(2) If one dies before the close of the taxable year of the other,
then as of the time of the death.

(b) An individual who is legally separated from his or her spouse
begin insert or domestic partner end insert under a decree of begin delete divorce end delete begin insert divorce, termination
of registered domestic partnership, end insert or of separate maintenance
shall not be considered as begin delete married. end delete begin insert married or in a registered
domestic partnership. end insert

(c) If a joint return is made, the tax shall be computed on the
aggregate income and the liability with respect to the tax shall be
joint and several.

begin delete SEC. 83. end delete
begin insert SEC. 107. end insert   

Section 19006 of the Revenue and Taxation Code
is amended to read:

19006.  

(a) The spouse begin insert or domestic partner end insert who controls the
disposition of or who receives or spends community income as
well as the spouse begin insert or domestic partner end insert who is taxable on the
income is liable for the payment of the taxes imposed by Part 10
(commencing with Section 17001) on that income.

(b) Whenever a joint return is filed by a married begin delete couple, end delete begin insert couple
or domestic partners, end insert the liability for the tax on the aggregate
income is joint and several. The liability may be revised by a court
in a proceeding for dissolution of the marriage of the married
couple, begin insert or for termination of the registered domestic partnership
of the domestic partners, end insert provided:

(1) The order revising tax liability may not relieve a spouse begin insert or
domestic partner end insert of tax liability on income earned by or subject
to the exclusive management and control of the begin delete spouse. end delete begin insert spouse or
domestic partner. end insert The liability of the spouse begin insert or domestic partner end insert
for the tax, penalties, and interest due for the taxable year shall be
in the same ratio to total tax, penalties, and interest due for the
taxable year as the income earned by or subject to the management
and control of the spouse begin insert or domestic partner end insert is to total gross
income reportable on the return.

(2) The order revising tax liability:

(A) Must separately state the income tax liabilities for the
taxable years for which revision of tax liability is granted.

(B) Shall not revise a tax liability that has been fully paid prior
to the effective date of the order; however, any unpaid amount
may be revised.

(C) Shall become effective when the Franchise Tax Board is
served with or acknowledges receipt of the order.

(D) Shall not be effective if the gross income reportable on the
return exceeds one hundred fifty thousand dollars ($150,000) or
the amount of tax liability the spouse begin insert or domestic partner end insert is
relieved of exceeds seven thousand five hundred dollars ($7,500),
unless a tax revision clearance certificate is obtained from the
Franchise Tax Board and filed with the court.

(c) Notwithstanding subdivisions (a) and (b), whenever a joint
return is filed by a married couple begin insert or domestic partners end insert and the
tax liability is not fully paid, that liability, including interest and
penalties, may be revised by the Franchise Tax Board as to one
begin delete spouse. end delete begin insert spouse or domestic partner. end insert

(1) However, the liability shall not be revised:

(A) To relieve a spouse begin insert or domestic partner end insert of tax liability on
income earned by or subject to the exclusive management and
control of the begin delete spouse. end delete begin insert spouse or domestic partner. end insert The liability of
the spouse begin insert or domestic partner end insert for the tax, penalties, and interest
due for the taxable year shall be in the same ratio to total tax,
penalties, and interest due for the taxable year as the income earned
by or subject to the management and control of the spouse begin insert or
domestic partner end insert is to total gross income reportable on the return.

(B) To relieve a spouse begin insert or domestic partner end insert of liability below
the amount actually paid on the liability prior to the granting of
relief, including credit from any other taxable year available for
application to the liability.

(2) The liability may be revised only if the spouse begin insert or domestic
partner end insert whose liability is to be revised establishes that he or she
did not know of, and had no reason to know of, the nonpayment
at the time the return was filed. For purposes of this paragraph,
“reason to know” means whether or not a reasonably prudent
person would have had reason to know of the nonpayment.

(3) For purposes of this section, the determination of the spouse
begin insert or domestic partner end insert to whom items of gross income are attributable
shall be made without regard to community property laws.

(4) The determination of the Franchise Tax Board as to whether
the liability is to be revised as to one spouse begin insert or domestic partner end insert
shall be made not less than 30 days after notification of the other
spouse begin insert or domestic partner end insert and shall be based upon whether, under
all of the facts and circumstances surrounding the nonpayment, it
would be inequitable to hold the spouse begin insert or domestic partner end insert
requesting revision liable for the nonpayment. Any action taken
under this section shall be treated as though it were action on a
protest taken under Section 19044 and shall become final upon
the expiration of 30 days from the date that notice of the action is
mailed to both begin delete spouses, end delete begin insert spouses or domestic partners, end insert unless,
within that 30-day period, one or both spouses begin insert or domestic partners end insert
appeal the determination to the board as provided in Section 19045.

(5) This subdivision shall apply to all taxable years subject to
the provisions of this part, but shall not apply to any taxable year
which has been closed by a statute of limitations, res judicata, or
otherwise.

begin delete SEC. 84. end delete
begin insert SEC. 108. end insert   

Section 19035 of the Revenue and Taxation Code
is amended to read:

19035.  

In the case of a joint return filed by a married begin delete couple, end delete
begin insert couple or domestic partners, end insert the notice of proposed deficiency
assessment may be a single joint notice, except that if the Franchise
Tax Board is notified by either spouse begin insert or domestic partner end insert that
separate residences have been established, it shall mail to each
begin delete spouse, end delete begin insert spouse or domestic partner, end insert in lieu of the single joint
notice, duplicate originals of the joint notice.

begin delete SEC. 85. end delete
begin insert SEC. 109. end insert   

Section 19107 of the Revenue and Taxation Code
is amended to read:

19107.  

Where an overpayment is made by any individual for
any year, and a deficiency is owing from the spouse begin insert or domestic
partner end insert of the taxpayer for the same year, and both spouses begin insert or
domestic partners end insert notify the Franchise Tax Board in writing prior
to the expiration of the time within which credit for the
overpayment may be allowed that the overpayment may be credited
against the deficiency, no interest shall be assessed on that portion
of the deficiency as is extinguished by the credit for the period of
time subsequent to the date the overpayment was made.

begin delete SEC. 86. end delete
begin insert SEC. 110. end insert   

Section 19110 of the Revenue and Taxation Code
is amended to read:

19110.  

(a) When the correction of an erroneous inclusion or
deduction of an item or items in the computation of income of a
trust, estate, parent, begin delete or spouse end delete begin insert spouse, or domestic partner end insert for any
year results in an overpayment for that year by the trust, estate,
parent, begin delete or end delete spouse, begin insert or domestic partner, end insert and also results in a
deficiency for the same year for a grantor of the trust or beneficiary
of the estate or trust, or child of the parent, or spouse begin insert or domestic
partner end insert of the child, or the spouse begin insert or domestic partner end insert of the
begin delete spouse, end delete begin insert spouse or domestic partner, end insert the overpayment, if the period
within which credit for the overpayment may be allowed has not
expired, shall be credited on the deficiency, if the period within
which the deficiency may be proposed has not expired, and the
balance, if any, shall be credited or refunded. No interest shall be
assessed on the portion of the deficiency as is extinguished by the
credit for the period of time subsequent to the date the overpayment
was made.

(b) When the correction of an erroneous inclusion or deduction
of an item or items in the computation of income of a grantor of
a trust, beneficiary of an estate or trust, a child, or spouse begin insert or
domestic partner end insert of the child, or a spouse begin insert or domestic partner end insert for
any year results in an overpayment for that year by the grantor,
beneficiary, child, begin delete or end delete spouse, begin insert or domestic partner, end insert and also results
in a deficiency for the same year for the grantor’s or beneficiary’s
trust, the beneficiary’s estate, the child’s parent, or spouse begin insert or
domestic partner end insert of the child, or the beneficiary’s begin delete spouse, end delete begin insert spouse
or domestic partner, end insert the overpayment, if the period within which
credit for the overpayment may be allowed has not expired, shall
be credited on the deficiency, if the period within which the
deficiency may be proposed has not expired, and the balance, if
any, shall be credited or refunded. No interest shall be assessed
on the portion of the deficiency as is extinguished by the credit
for the period of time subsequent to the date the overpayment was
made.

(c) Subdivisions (a) and (b) are not intended, nor shall they be
construed as a limitation on the Franchise Tax Board’s right to
offset or recoup barred assessments against overpayments.

begin delete SEC. 87. end delete
begin insert SEC. 111. end insert   

Section 19701.5 of the Revenue and Taxation Code
is amended to read:

19701.5.  

(a) Any person who signs his or her spouse’s begin insert or
domestic partner’s end insert name on any income tax return, or any
schedules or attachments thereto, or who files electronically
pursuant to Section 18621.5, without the consent of the spouse begin insert or
domestic partner end insert as provided in subdivision (b), is guilty of a
misdemeanor and shall upon conviction be fined an amount not
to exceed five thousand dollars ($5,000) or be imprisoned for a
term not to exceed one year, or both, at the discretion of the court,
together with costs of investigation and prosecution.

(b) Notwithstanding subdivision (a), any person who signs his
or her spouse’s begin insert or domestic partner’s end insert name shall not be guilty of
a misdemeanor when one spouse begin insert or domestic partner end insert is physically
unable by reason of disease or injury to sign a joint return, and the
other begin delete spouse, end delete begin insert spouse or domestic partner, end insert with the oral consent of
the one who is incapacitated, signs the incapacitated spouse’s begin insert or
domestic partner’s end insert name in the proper place on the return followed
by the words “By ____, Spouse (or Husband or begin delete Wife),” end delete begin insert Wife) or
Domestic Partner, end insert begin insert ” end insert and by the signature of the signing spouse begin insert or
domestic partner end insert in his or her own right, provided that a dated
statement signed by the spouse begin insert or domestic partner end insert who is signing
the return is attached to and made a part of the return stating each
of the following:

(1) The name of the return being filed.

(2) The taxable year.

(3) The reason for the inability of the spouse begin insert or domestic partner end insert
who is incapacitated to sign the return.

(4) That the spouse begin insert or domestic partner end insert who is incapacitated
consented to the signing of the return and that the taxpayer and
his or her agent, if any, are responsible for the return as made and
incur liability for the penalties provided for erroneous, false, or
fraudulent returns.

(c) The penalties provided by this section are cumulative and
shall not be construed as restricting any other penalty provided by
law based upon the same facts, including any penalty under Section
470 of the Penal Code. However, an act or omission which is made
punishable in different ways by this section and different provisions
of the Penal Code shall not be punished under more than one
provision.

begin delete SEC. 88. end delete
begin insert SEC. 112. end insert   

Section 20542 of the Revenue and Taxation Code
is amended to read:

20542.  

(a) The Franchise Tax Board, pursuant to the provisions
of Article 3 (commencing with Section 20561), of this chapter,
shall provide assistance to the claimant based on a percentage of
the property tax accrued and paid by the claimant on the residential
dwelling as provided in Section 20543 or the statutory property
tax equivalent pursuant to Section 20544. In case of an
owner-claimant, the assistance shall be equal to the applicable
percentage of property taxes paid on the full value of the residential
dwelling up to, and including, thirty-four thousand dollars
($34,000). No assistance shall be allowed for property taxes paid
on that portion of full value of a residential dwelling exceeding
thirty-four thousand dollars ($34,000). No assistance shall be
provided if the amount of the assistance claim is five dollars ($5)
or less.

(b) For purposes of allowing assistance provided for by this
section:

(1) (A) Only one owner-claimant from one household each
year shall be entitled to assistance under this chapter. When two
or more individuals of a household are able to meet the
qualifications for an owner-claimant, they may determine who the
owner-claimant shall be. If they are unable to agree, the matter
shall be referred to the Franchise Tax Board and its decision shall
be final.

(B) When two or more individuals pay rent for the same
premises and each individual meets the qualifications for a
renter-claimant, each qualified individual shall be entitled to
assistance under this part.

For the purposes of this subparagraph, spouses begin insert or domestic
partners end insert residing in the same premises shall be presumed to be
one renter.

(2) Except as provided in paragraph (3), the right to file a claim
shall be personal to the claimant and shall not survive his or her
death; however, when a claimant dies after having filed a timely
claim, the amount thereof may be disbursed to the surviving spouse
begin insert or surviving domestic partner end insert and, if no surviving begin delete spouse, end delete begin insert spouse
or surviving domestic partner, end insert to any other member of the
household who is a qualified claimant. If there is no surviving
begin delete spouse end delete begin insert spouse, surviving domestic partner, end insert or otherwise qualified
claimant, the claim shall be disbursed to any other member of the
household. In the event two or more individuals qualify for
payment as either an otherwise qualified claimant or a member of
the household, they may determine which of them will be paid. If
they are unable to agree, the matter shall be referred to the
Franchise Tax Board and its decision shall be final.

(3) If, after January 1 of the property tax fiscal year for which
a claim may be filed, a claimant dies without filing a timely claim,
a claim on behalf of such claimant may be filed by the surviving
spouse begin insert or surviving domestic partner end insert within the filing period
prescribed in subdivision (a) or (b) of Section 20563.

(4) If an individual postponed taxes for any given property tax
fiscal year under Chapter 2 (commencing with Section 20581),
Chapter 3 (commencing with Section 20625), Chapter 3.3
(commencing with Section 20639), or Chapter 3.5 (commencing
with Section 20640), then any claim for assistance under this
chapter for the same property tax fiscal year shall be filed by such
individual (assuming all other eligibility requirements in this
chapter are satisfied) and not an otherwise qualified member of
the individual’s household.

begin insert

begin insert SEC. 113. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 89. end delete
begin insert SEC. 114. end insert   

Section 2804 of the Streets and Highways Code is
amended to read:

2804.  

(a) This division does not apply to irrigation districts,
irrigation district improvement districts, fire districts, fire protection
districts, or public cemetery districts, or to any proceeding
otherwise subject to this division when one or more of the
following situations exist:

(1) The proceedings are undertaken by a district or public
corporation within one year of its incorporation.

(2) The improvement proceedings are by a chartered city,
chartered county, or a county sanitation district which is governed
ex officio by the board of supervisors of a chartered county, and
the city, county, or district has complied with Section 19 of Article
XVI of the California Constitution.

(3) All of the owners of more than 60 percent in area of the
property subject to assessment for the proposed improvements
have signed and filed with the clerk or secretary of the legislative
body undertaking the proceedings a written petition for the
improvements meeting the requirements of Section 2804.5.

(b) As used in this section, “substantially described” means that
additional improvements of the same or similar nature may not be
provided unless the estimated cost of the improvements does not
exceed 10 percent of the estimated cost of the improvements
provided in the former report.

(c) As used in this section, “owner of land” means only a person
who, at the time the petition is filed with the clerk or secretary of
the legislative body, appears to be the owner upon the assessor’s
roll or, in the case of transfers of land, or parts thereof, subsequent
to the date upon which the last assessor’s roll was prepared, appear
to be the owner on the records in the county assessor’s office which
the county assessor will use to prepare the next assessor’s roll. If
any person signing the petition appears on the assessor’s roll or
the records in the county assessor’s office as an owner of property
as a joint tenant or tenant in common, or as a begin delete spouse, end delete begin insert spouse or
domestic partner, end insert that property shall be counted as if all those
persons had signed the petition.

begin insert

begin insert SEC. 115. end insert   

end insert

begin insert Section 11.2 is added to the end insert begin insert Unemployment
Insurance Code end insert begin insert , to read: end insert

begin insert

begin insert 11.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 90. end delete
begin insert SEC. 116. end insert   

Section 13003 of the Unemployment Insurance Code
is amended to read:

13003.  

(a) Except where the context otherwise requires, the
definitions set forth in this chapter, and in addition the definitions
and provisions of the Personal Income Tax Law referred to and
hereby incorporated by reference as set forth in the following
provisions of the Revenue and Taxation Code, shall apply to and
govern the construction of this division:

(1) “Corporation” as defined by Section 17009.

(2) “Fiduciary” as defined by Section 17006.

(3) “Fiscal year” as defined by Section 17011.

(4) “Foreign country” as defined by Section 17019.

(5) “Franchise Tax Board” as defined by Section 17003.

(6)  “Spouse” as defined by Section 17021.

(7) “Individual” as defined by Section 17005.

(8) “Military or naval forces” as defined by Section 17022.

(9) “Nonresident” as defined by Section 17015.

(10) “Partnership” as defined by Section 17008.

(11) “Person” as defined by Section 17007.

(12) “Resident” as defined by Sections 17014 and 17016.

(13) “State” as defined by Section 17018.

(14) “Taxable year” as defined by Section 17010.

(15) “Taxpayer” as defined by Section 17004.

(16) “Trade or business” as defined by Section 17020.

(17) “United States” as defined by Section 17017.

(b) The provisions of Part 10 (commencing with Section 17001)
and Part 10.2 (commencing with Section 18401) of Division 2 of
the Revenue and Taxation Code, relating to the following items,
are hereby incorporated by reference and shall apply to and govern
construction of this division:

(1) Trade or business expense (Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10).

(2) Deductions for retirement savings (Article 6 (commencing
with Section 17201) of Chapter 3 of Part 10).

(3) Distributions of property by a corporation to a shareholder
(Chapter 4 (commencing with Section 17321) of Part 10).

(4) Deferred compensation (Chapter 5 (commencing with
Section 17501) of Part 10).

(5) Partners and partnerships (Chapter 10 (commencing with
Section 17851) of Part 10).

(6) Gross income of nonresident taxpayers (Chapter 11
(commencing with Section 17951) of Part 10).

(7) Postponement of the time for certain acts by individuals in
or in support of the armed forces (Article 3 (commencing with
Section 18621) of Chapter 2 of Part 10.2).

(8) Disclosure of information (Article 2 (commencing with
Section 19542) of Chapter 7 of Part 10.2). For this purpose
“Franchise Tax Board” as used therein shall mean the Employment
Development Department in respect to information obtained in
the administration of this division.

begin insert

begin insert SEC. 117. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 118. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Water Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin insert

begin insert SEC. 119. end insert   

end insert

begin insert Section 12.2 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 12.2. end insert   

“Spouse” includes “domestic partner,” as described in
Section 297 of the Family Code.

end insert

begin delete SEC. 91. end delete
begin insert SEC. 120. end insert   

Section 742.16 of the Welfare and Institutions Code
is amended to read:

742.16.  

(a) If a minor is found to be a person described in
Section 602 by reason of the commission of an act prohibited by
Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal
Code, and the court does not remove the minor from the physical
custody of the parent or guardian, the court as a condition of
probation, except in any case in which the court makes a finding
and states on the record its reasons why that condition would be
inappropriate, shall require the minor to wash, paint, repair, or
replace the property defaced, damaged, or destroyed by the minor
or otherwise pay restitution to the probation officer of the county
for disbursement to the owner or possessor of the property or both.
In any case in which the minor is not granted probation or in which
the minor’s cleanup, repair, or replacement of the property will
not return the property to its condition before it was defaced,
damaged, or destroyed, the court shall make a finding of the
amount of restitution that would be required to fully compensate
the owner and possessor of the property for their damages. The
court shall order the minor or the minor’s estate to pay that
restitution to the probation officer of the county for disbursement
to the owner or possessor of the property or both, to the extent the
court determines that the minor or the minor’s estate have the
ability to do so, except in any case in which the court makes a
finding and states on the record its reasons why full restitution
would be inappropriate. If full restitution is found to be
inappropriate, the court shall require the minor to perform specified
community service, except in any case in which the court makes
a finding and states on the record its reasons why that condition
would be inappropriate.

(b) If a minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the
graffiti or other material inscribed by the minor has been removed,
or the property defaced by the minor has been repaired or replaced
by a public entity that has elected, pursuant to Section 742.14, to
have the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivision (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor’s estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor’s estate have the ability to
do so.

(c) If the minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the
minor was identified or apprehended by the law enforcement
agency of a city or county that has elected, pursuant to Section
742.14, to have the probation officer of the county recoup its costs
through proceedings in accordance with this section, the court shall
determine the cost of identifying or apprehending the minor, or
both, using, if applicable, the cost findings adopted by the city or
county pursuant to subdivision (b) of Section 742.14. The court
shall order the minor or the minor’s estate to pay those costs to
the probation officer of the county to the extent the court
determines that the minor or the minor’s estate has the ability to
do so.

(d) If the court determines that the minor or the minor’s estate
is unable to pay in full the costs and damages determined pursuant
to subdivisions (a), (b), and (c), and if the minor’s parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor’s parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor’s parent
or parents to pay those costs and damages to the probation officer
of the county to the extent the court determines that the parent or
parents have the ability to pay, if the minor was in the custody or
control of the parent or parents at the time he or she committed
the act that forms the basis for the finding that the minor is a person
described in Section 602. In evaluating the parent’s or parents’
ability to pay, the court shall take into consideration the family
income, the necessary obligations of the family, and the number
of persons dependent upon this income.

(e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date,
at the option of the court.

(f) If the amount of costs and damages sought to be recovered
in the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct that
hearing in accordance with Sections 116.510 and 116.520 of the
Code of Civil Procedure. Notwithstanding the foregoing, if the
court determines that a parent cannot properly present his or her
defense, the court may, in its discretion, allow another individual
to assist that parent. In addition, a spouse begin insert or domestic partner end insert may
appear and participate in the hearing on behalf of his or her spouse
begin insert or domestic partner end insert if the representative’s spouse begin insert or domestic
partner end insert has given his or her consent and the court determines that
the interest of justice would be served thereby.

(g) If the amount of costs and damages sought to be recovered
in the hearing pursuant to subdivision (d) exceeds five thousand
dollars ($5,000), the parent or parents may be represented by
counsel of his or her or their own choosing, and the probation
officer of the county shall be represented by the district attorney
or an attorney or nonattorney designee of the probation officer.
The parent or parents shall not be entitled to court-appointed
counsel or to counsel compensated at public expense.

(h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and
(c) represent the actual damages and costs attributable to the act
of the minor that forms the basis of the finding that the minor is a
person described in Section 602.

(i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).

(j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court’s jurisdiction over the minor.

(k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to
his or her ability to pay the judgment.

(l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the superior court in a limited civil case, and if the amount
of the demand is within the jurisdictional limits stated in Sections
116.220 and 116.221 of the Code of Civil Procedure, the judge of
the juvenile court shall have the powers of a judge presiding over
the small claims court.

(m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.

(n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a superior court in
an ordinary civil proceeding pursuant to subdivision (b) of Section
1714.1 of the Civil Code, except that in any proceeding pursuant
to either subdivision (b) of Section 1714.1 of the Civil Code or
this section, the maximum amount that a parent or a minor may
be ordered to pay shall not exceed twenty thousand dollars
($20,000) for each tort of the minor.

begin delete SEC. 92. end delete
begin insert SEC. 121. end insert   

Section 7275 of the Welfare and Institutions Code
is amended to read:

7275.  

(a) The spouse, begin insert domestic partner, end insert father, mother, or
children of a patient in a state hospital, the estates of these persons,
and the guardian or conservator and administrator of the estate of
the patient shall cause him or her to be properly and suitably cared
for and maintained, and shall pay the costs and charges for
transportation to a state institution. The spouse, begin insert domestic partner, end insert
father, mother, or children of a patient in a state hospital and the
administrators of their estates, and the estate of the person shall
be liable for his or her care, support, and maintenance in a state
institution of which he or she is a patient. The liability of these
persons and estates shall be a joint and several liability, and the
liability shall exist whether the person has become a patient of a
state institution pursuant to the provisions of this code or pursuant
to the provisions of Sections 1026, 1368, 1369, 1370, and 1372 of
the Penal Code.

(b) This section does not impose liability for the care of persons
with intellectual disabilities in state hospitals.

begin delete SEC. 93. end delete
begin insert SEC. 122. end insert   

Section 12003 of the Welfare and Institutions Code
is amended to read:

12003.  

For the purposes of this chapter, neither the residence
nor domicile of the spouse begin insert or domestic partner end insert shall be deemed
the residence or domicile of the other, but each may have a separate
residence or domicile dependent upon proof of the fact and not on
legal presumption.

For the purposes of this chapter, a minor child shall be deemed
to have resided in the state during any period in which such child
has been physically present in the state.

begin delete SEC. 94. end delete
begin insert SEC. 123. end insert   

Section 14140 of the Welfare and Institutions Code
is amended to read:

14140.  

The following definitions shall apply to the provisions
of this article:

(a) “Net worth” means:

(1) Personal property, which consists of cash, savings accounts,
securities, and similar items; notes, mortgages, and deeds of trust;
the cash surrender value of life insurance on the life of the applicant
or beneficiary, on the life of the begin delete spouse end delete begin insert spouse, domestic partner, end insert
or any member of the family, except as provided in Section 11158;
motor vehicles, except one which meets the transportation needs
of the person or family; any other property or equity other than
real estate, except that property specified in subdivisions (1), begin delete (2) end delete
begin insert (2), end insert and (3) of Section 11155.

(2) Real property, including any interest in land of more than
nominal interest which does not constitute the home of the
applicant for aid under this chapter. The home of the applicant
shall be exempt from consideration as net worth under this section
to the extent of ten thousand dollars ($10,000) in assessed
valuation, as assessed by the county assessor.

(3) “Income” which consists of the sum of adjusted gross income
as used for purposes of the Federal Income Tax Law.

(b) “Family unit” means:

(1) In the case of begin delete an unmarried end delete begin insert a end insert patient begin insert who is not married or
in a registered domestic partnership and is end insert under 21 years of age
living with his or her parent or parents, the patient and his or her
parents.

(2) In the case of a begin delete married end delete patient begin insert who is married or in a
registered domestic partnership and is end insert under 21 years of age, the
patient and his or her begin delete spouse. end delete begin insert spouse or domestic partner. end insert

(3) In the case of a patient over begin delete 21, end delete begin insert 21 years of age, end insert the patient,
and if begin delete married, end delete begin insert married or in a registered domestic partnership, end insert
the patient’s begin delete spouse. end delete begin insert spouse or domestic partner. end insert

begin delete SEC. 95. end delete
begin insert SEC. 124. end insert   

Section 18291 of the Welfare and Institutions Code
is amended to read:

18291.  

For purposes of this chapter:

(a) “Domestic violence” means abuse committed against an
adult or a minor who is a spouse, former spouse, begin insert domestic partner,
former domestic partner, end insert cohabitant, former cohabitant, or person
with whom the suspect has had a child or is having or has had a
dating or engagement relationship.

(b) “Cohabitant” means two unrelated adult persons living
together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether
persons are cohabiting include, but are not limited to, all of the
following:

(1) Sexual relations between the parties while sharing the same
living quarters.

(2) Sharing of income or expenses.

(3) Joint use or ownership of property.

(4) Whether the parties hold themselves out as spouses.

(5) The continuity of the relationship.

(6) The length of the relationship.

(c) “Domestic violence shelter” means a shelter for domestic
violence victims that meets all of the following requirements:

(1) Provides shelter in an undisclosed and secured location.

(2) Provides staff that meet the requirements set forth in Section
1037.1 of the Evidence Code.

(3) Meets the requirements set forth in Section 18294.

(d) “Undisclosed” means a location that is not advertised or
publicized.

begin insert

begin insert SEC. 125. end insert   

end insert

begin insert It is the intent of the Legislature that the changes
made by this act have only technical and nonsubstantive effect.
Hence, no change made by this act shall create any new right,
duty, or other obligation that did not exist immediately preceding
the effective date of this act, or result in the limitation or
termination of any right, duty, or other obligation that existed
immediately preceding the effective date of this act. end insert

begin insert

begin insert SEC. 126. end insert   

end insert

begin insert Any section of any act, except for Senate Bill 1171,
enacted by the Legislature during the 2016 calendar year that
takes effect on or before January 1, 2017, and that amends, amends
and renumbers, adds, repeals and adds, or repeals a section that
is amended, amended and renumbered, added, repealed and added,
or repealed by this act, shall prevail over this act, whether that
act is enacted prior to, or subsequent to, the enactment of this act. end insert