Senate BillNo. 1171


Introduced by Committee on Judiciary (Senators Jackson (Chair), Anderson, Hertzberg, Leno, Monning, Moorlach, and Wieckowski)

February 18, 2016


An act to amend Sections 655, 1264, 2554, 2556.1, 2715, 2759, 3020, 4430, 6026.7, 6360, 6410.5, 7541.1, 7685, 7818, 19351, and 19861 of the Business and Professions Code, to amend Sections 48a, 52.5, 1770, 1798.29, and 1798.82 of the Civil Code, to amend Sections 437c, 472a, 527.6, 765.030, 832, 835, 1084, 1097, 2025.010, 2031.010, 2033.010, 2035.010, 2036.010, and 2093 of, to amend and renumber Sections 850, 851, 852, 853, 854, 855, and 856 of, and to amend the heading of Chapter 8 (commencing with Section 850) of Title 10 of Part 2 of, the Code of Civil Procedure, to amend Sections 2105, 2207, 17708.02, 25100, and 25247 of the Corporations Code, to amend Sections 221.6, 1313, 8340.4, 17250.25, 17250.35, 33353.7, 41360, 41422, 42925, 44977.5, 44984, 45192, 46392, 48204.2, 51421.5, 51745.6, 66302, 69800.2, 70037, 84750.5, 84916, 87787, 88192, 89090, 89708, 89712, 92630, and 94925 of, and to amend and repeal Section 66749.5 of, the Education Code, to amend Sections 17, 1000, 1301, 2142, 2150, 2155, 2196, 2250, 2263, 2265, 2270, 2600, 3025, 3114, 6850, 6850.5, 6851, 6853, 6854, 6854.5, 6855, 6857, 6859, 6861.5, 6862, 6863, 7901, 7902, 7903, 7904, 7911, 7912, 7913, 7918, 7921, 7922, 7927, 12309.5, 13307, 14026, 14405, 18108, and 18108.1 of, and to amend the heading of Article 2 (commencing with Section 6851) of Chapter 5 of Part 1 of Division 6 of, the Elections Code, to amend Sections 980, 1010, 1106, and 1157 of the Evidence Code, to amend Sections 7612, 7613.5, 8811, and 8908 of, and to repeal Sections 20024 and 20039 of, the Family Code, to amend Sections 2022, 6440, 7704, and 12029 of the Fish and Game Code, to amend Sections 14651.5, 27581.1, 27583.2, 27583.4, 52332, 55631, 56109, 67132, and 76953.5 of the Food and Agricultural Code, to amend Sections 1225, 5970, 6254.5, 7161, 8594.15, 8670.13, 8670.13.3, 8670.28, 14670.36, 17581.9, 19130, 19241, 22865, 34886, 53515, 56332, 82015, 83123.6, 87207, and 89506 of, to amend and renumber Section 8670.95 of, and to amend and renumber the heading of Chapter 15 (commencing with Section 5970) of Division 6 of Title of, the Government Code, to amend Sections 1204.2, 1262.5, 1266, 1279.7, 1342.71, 1358.18, 1367.005, 1367.27, 1569.2, 1596.8662, 1760.2, 12640, 18080, 25150.7, 25180, 25250.15, 25270.6, 32132.8, 34191.3, 44017, 44559.4, 101853.1, 112895, 113789, 117945, 118330, 120375, and 129160 of, and to amend and renumber Section 110424 of, the Health and Safety Code, to amend Sections 38.6, 10082.5, 10112.27, 10123.193, 10133.15, 10169, 10192.18, 10489.2, 10489.3, 10489.96, 10489.99, 10603, and 12389 of the Insurance Code, to amend Sections 139.2, 1720, 2750.8, 3503, and 4663 of the Labor Code, to amend Section 451 of the Military and Veterans Code, to amend Sections 136.2, 186.2, 186.11, 186.12, 241, 502.8, 670, 679.10, 832.3, 1214.5, 1524.2, 1526, 1546, 1546.1, 1546.2, 3000.08, 3016, 3056, 4030, 4031, 5065.5, 15003 and 33880 of the Penal Code, to amend Sections 1490, 1510.1, 1828, 1851, 4788, 5203, and 16062 of the Probate Code, to amend Section 20111.6 of the Public Contract Code, to amend Sections 541.5, 5002.2, 5071.7, 8750, 25401, 26003, 30411, 42023.1, and 71103.5 of the Public Resources Code, to amend Sections 274, 635, 873, 913.8, 1701, 2833, 2870, 7661, 8282, 21252, and 130350.7 of, and to amend and renumber Section 387.8 of, the Public Utilities Code, to amend Sections 408, 423.3, 12206, 17052.6, 17255, 18805, 18807, 18808, 19136, 19161, 19255, 19533, 19772, 20640.3, 21021, 23156, 23610.5, and 24356 of, to amend and renumber Section 24355.5 of, to add the heading of Part 13.5 (commencing with Section 31020) to Division 2 of, and to repeal Sections 18035.6, 18036.6, and 41030 of, the Revenue and Taxation Code, to amend Sections 13003 and 14200 of the Unemployment Insurance Code, to amend Sections 2404.5, 11102.6, 16377, 21294, 22507.1, and 40215 of the Vehicle Code, to amend Sections 377, 10608.34, and 50906 of the Water Code, and to amend Sections 290.2, 366.21, 786, 4474.1, 11203, 11469, 11477, 14094.3, 14126.022, 14126.027, 14132.06, 14132.275, 14138.21, 15657.03, 16501.1, 17603, and 24005 of the Welfare and Institutions Code, to amend Sections 325 and 330 of Chapter 303 of the Statutes of 2015, and to amend Section 8 of Chapter 590 of the Statutes of 2015, relating to the maintenance of the codes.

LEGISLATIVE COUNSEL’S DIGEST

SB 1171, as introduced, Committee on Judiciary. Maintenance of the codes.

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

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

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

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

P3    1

SECTION 1.  

Section 655 of the Business and Professions Code
2 is amended to read:

3

655.  

(a) Forbegin delete theend delete purposes of this section, the following terms
4have the following meanings:

5(1) “Health plan” means a health care service plan licensed
6pursuant to the Knox-Keene Health Care Service Plan Act of 1975
7(Chapter 2.2 (commencing with Section 1340) of Division 2 of
8the Health and Safety Code).

9(2) “Optical company” means a person or entity that is engaged
10in the manufacture, sale, or distribution to physicians and surgeons,
11optometrists, health plans, or dispensing opticians of lenses, frames,
12optical supplies, or optometric appliances or devices or kindred
13products.

14(3) “Optometrist” means a person licensed pursuant to Chapter
157 (commencing with Section 3000) or an optometric corporation,
16as described in Section 3160.

17(4) “Registered dispensing optician” means a person licensed
18pursuant to Chapter 5.5 (commencing with Section 2550).

19(5) “Therapeutic ophthalmic product” means lenses or other
20products that provide direct treatment of eye disease or visual
21rehabilitation for diseased eyes.

22(b) begin deleteNo end deletebegin insertAn end insertoptometristbegin delete mayend deletebegin insert shall notend insert have any membership,
23proprietary interest, coownership, or any profit-sharing
24arrangement, either by stock ownership, interlocking directors,
25trusteeship, mortgage, or trust deed, with any registered dispensing
P4    1optician or any optical company, except as otherwise permitted
2under this section.

3(c) (1) A registered dispensing optician or an optical company
4may operate, own, or have an ownership interest in a health plan
5so long as the health plan does not directly employ optometrists
6to provide optometric services directly to enrollees of the health
7plan, and may directly or indirectly provide products and services
8to the healthbegin delete plan orend deletebegin insert plan,end insert its contracted providers orbegin delete enrollees or
9toend delete
begin insert enrollees, orend insert other optometrists. For purposes of this section,
10an optometrist may be employed by a health plan as a clinical
11director for the health plan pursuant to Section 1367.01 of the
12Health and Safety Code or to perform services related to utilization
13begin delete management orend deletebegin insert management,end insert qualitybegin delete assuranceend deletebegin insert assurance,end insert or other
14similar related services that do not require the optometrist to
15directly provide health care services to enrollees. In addition, an
16optometrist serving as a clinical directorbegin delete mayend deletebegin insert shallend insert not employ
17optometrists to provide health care services to enrollees of the
18health plan for which the optometrist is serving as clinical director.
19Forbegin delete theend delete purposes of this section, the health plan’s utilization
20management and quality assurance programs that are consistent
21with the Knox-Keene Health Care Service Plan Act of 1975
22(Chapter 2.2 (commencing with Section 1340) of Division 2 of
23the Health and Safety Code) do not constitute providing health
24care services to enrollees.

25(2) The registered dispensing optician or optical company shall
26not interfere with the professional judgment of the optometrist.

27(3) The Department of Managed Health Care shall forward to
28the State Board of Optometry any complaints received from
29consumers that allegebegin delete thatend delete an optometrist violated the Optometry
30Practice Act (Chapter 7 (commencing with Section 3000)). The
31Department of Managed Health Care and the State Board of
32Optometry shall enter into anbegin delete Inter-Agency Agreementend deletebegin insert interagency
33agreementend insert
regarding the sharing of information related to the
34services provided by an optometrist that may bebegin delete in violation ofend delete
35begin insert violatingend insert the Optometry Practice Act that the Department of
36Managed Health Care encounters in the course ofbegin delete the
37administration ofend delete
begin insert administeringend insert the Knox-Keene Health Care
38Service Plan Act of 1975 (Chapter 2.2 (commencing withbegin delete sectionend delete
39begin insert Sectionend insert 1340) of Division 2 of the Health and Safetybegin delete Code.end deletebegin insert Code).end insert

P5    1(d) An optometrist, a registered dispensing optician, an optical
2company, or a health plan may execute a lease or other written
3agreement giving rise to a direct or indirect landlord-tenant
4relationship with an optometrist, if all of the following conditions
5are contained inbegin delete aend deletebegin insert theend insert written agreement establishing the
6landlord-tenant relationship:

7(1) (A) The practice shall be owned by the optometrist and in
8every phase be under the optometrist’s exclusive control, including
9the selection and supervision of optometric staff, the scheduling
10of patients, the amount of time the optometrist spends with patients,
11fees charged for optometric products and services, the examination
12procedures and treatment provided tobegin delete patientsend deletebegin insert patients,end insert and the
13optometrist’s contracting with managed care organizations.

14(B) Subparagraphbegin delete A shallend deletebegin insert (A) doesend insert not preclude a lease from
15including commercially reasonable terms that: (i) require the
16provision of optometric services at the leased space during certain
17days and hours, (ii) restrict the leased space from being used for
18the sale or offer for sale of spectacles, frames, lenses, contact
19lenses, or other ophthalmic products, except that the optometrist
20shall be permitted to sell therapeutic ophthalmic products if the
21registered dispensing optician, health plan, or optical company
22located on or adjacent to the optometrist’s leased space does not
23offer any substantially similar therapeutic ophthalmic products for
24sale, (iii) require the optometrist to contract with a health plan
25network, health plan, or health insurer, or (iv) permit the landlord
26to directly or indirectly provide furnishings and equipment in the
27leased space.

28(2) The optometrist’s records shall be the sole property of the
29 optometrist. Only the optometrist and those persons with written
30authorization from the optometristbegin delete shallend delete have access to the patient
31records and the examination room, except as otherwise provided
32by law.

33(3) The optometrist’s leased space shall be definite and distinct
34from space occupied by other occupants of the premises, have a
35sign designating that the leased space is occupied by an
36independent optometrist or optometrists and be accessible to the
37optometrist after hours or in the case of an emergency, subject to
38the facility’s general accessibility. This paragraphbegin delete shallend deletebegin insert doesend insert not
39require a separate entrance to the optometrist’s leased space.

P6    1(4) All signs and displays shall be separate and distinct from
2that of the other occupants and shall have the optometrist's name
3and the word “optometrist” prominently displayed in connection
4therewith. This paragraphbegin delete shallend deletebegin insert doesend insert not prohibit the optometrist
5from advertising the optometrist’s practice location with reference
6to other occupants or prohibit the optometrist or registered
7dispensing optician from advertisingbegin delete theirend deletebegin insert his or herend insert participation
8in any health plan’s network or the health plan’s products in which
9the optometrist or registered dispensing optician participates.

10(5) There shall be no signs displayed on any part of the premises
11or in any advertising indicating that the optometrist is employed
12or controlled by the registered dispensing optician, healthbegin delete planend delete
13begin insert plan,end insert or optical company.

14(6) Except for a statement that an independent doctor of
15optometry is located in the leased space, in-store pricingbegin delete signsend delete
16begin insert signs,end insert and as otherwise permitted by this subdivision, the registered
17dispensing optician or optical company shall not link its advertising
18with the optometrist's name, practice, or fees.

19(7) Notwithstanding paragraphs (4) and (6), this subdivision
20begin delete shallend deletebegin insert doesend insert not preclude a health plan from advertising its health
21plan products and associated premium costs and any copayments,
22coinsurance, deductibles, or other forms of cost-sharing, or the
23names and locations of the health plan’s providers, including any
24optometrists or registered dispensing opticiansbegin delete that provideend delete
25begin insert providingend insert professional services, in compliance with the
26Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
27(commencing with Section 1340) of Division 2 of the Health and
28Safety Code).

29(8) A health plan that advertises its products and services in
30accordance with paragraph (7) shall not advertise the optometrist’s
31fees for products and services that are not included in the health
32plan’s contract with the optometrist.

33(9) The optometrist shall not be precluded from collecting fees
34for services that are not included in a health plan’s products and
35services, subject to any patient disclosure requirements contained
36in the health plan’s provider agreement with the optometrist or
37that are not otherwise prohibited by the Knox-Keene Health Care
38Service Plan Act of 1975 (Chapter 2.2 (commencing with Section
391340) of Division 2 of the Health and Safety Code).

P7    1(10) The term of the lease shall be no less than one year and
2shall not require the optometrist to contract exclusively with a
3health plan. The optometrist may terminate the lease according to
4the terms of the lease. The landlord may terminate the lease for
5the following reasons:

6(A) The optometrist’s failure to maintain a license to practice
7begin delete optometryend deletebegin insert optometry,end insert or the imposition of restrictions,begin delete suspensionend delete
8begin insert suspension,end insert or revocation of the optometrist’sbegin delete licenseend deletebegin insert license,end insert or
9if the optometrist or the optometrist’s employee is or becomes
10ineligible to participate in state or federal government-funded
11programs.

12(B) Termination of any underlying leasebegin delete whereend deletebegin insert in whichend insert the
13optometrist has subleasedbegin delete space,end deletebegin insert spaceend insert or the optometrist’s failure
14to comply with the underlying lease provisions thatbegin delete are made
15applicableend delete
begin insert applyend insert to the optometrist.

16(C) If the health plan is the landlord, the termination of the
17provider agreement between the health plan and the optometrist,
18in accordance with the Knox-Keene Health Care Service Plan Act
19of 1975 (Chapter 2.2 (commencing with Section 1340) of Division
202 of the Health and Safety Code).

21(D) Other reasons pursuant to the terms of the lease or permitted
22under the Civil Code.

23(11) The landlord shall act in good faith in terminating the lease
24begin delete and in no case shallend deletebegin insert, andend insert the landlordbegin insert shall notend insert terminate the lease
25for reasons that constitute interference with the practice of
26optometry.

27(12) Lease or rent terms and payments shall not be based onbegin insert theend insert
28 number of eye exams performed, prescriptions written, patient
29begin delete referralsend deletebegin insert referrals,end insert or the sale or promotion of the products of a
30registered dispensing optician or an optical company.

31(13) The landlord shall not terminate the lease solely because
32of a report, complaint, or allegation filed by the optometrist against
33the landlord, a registered dispensingbegin delete opticianend deletebegin insert optician,end insert or a health
34begin delete plan,end deletebegin insert planend insert to the State Board of Optometry or the Department of
35Managed Healthbegin delete Careend deletebegin insert Care,end insert or any law enforcement orbegin insert otherend insert
36 regulatory agency.

37(14) The landlord shall provide the optometrist with written
38notice of the scheduled expiration date of a lease at least 60 days
39begin delete prior toend deletebegin insert beforeend insert the scheduled expiration date. This notice obligation
40begin delete shallend deletebegin insert doesend insert not affect the ability of either party to terminate the lease
P8    1pursuant to this section. The landlordbegin delete mayend deletebegin insert shallend insert not interfere with
2an outgoing optometrist’s efforts to inform the optometrist’s
3patients, in accordance with customary practice and professional
4obligations, of the relocation of the optometrist's practice.

5(15) begin insert(A)end insertbegin insertend insert The State Board of Optometry may inspect, upon
6request, an individual lease agreement pursuant to its
7investigational authority, and ifbegin delete suchend delete a requestbegin insert to inspectend insert is made,
8the landlord or tenant, as applicable,begin delete shall promptly complyend delete
9begin insert promptly compliesend insert with the request. Failure or refusal to comply
10with the request forbegin delete lease agreementsend deletebegin insert a lease or agreementend insert within
1130 days of receiving the request constitutes unprofessional conduct
12and is grounds for disciplinary action by the appropriate regulatory
13agency. Only personal information as defined in Section 1798.3
14of the Civil Code may be redacted prior to submission of the lease
15or agreement. This sectionbegin delete shallend deletebegin insert doesend insert not affect the Department of
16Managed Health Care’s authority to inspect all books and records
17of a health plan pursuant to Section 1381 of the Health and Safety
18 Code.

begin delete

19 Any

end delete

20begin insert(B)end insertbegin insertend insertbegin insertAnyend insert financial information contained in the leasebegin insert or
21agreementend insert
submitted to a regulatorybegin delete entity,end deletebegin insert agency,end insert pursuant to
22this paragraph,begin delete shall beend deletebegin insert isend insert considered confidential trade secret
23information that is exempt from disclosure under the California
24Public Records Act (Chapter 3.5 (commencing with Section 6250)
25of Division 7 of Title 1 of the Government Code).

26(16) This subdivisionbegin delete shall not be applicableend deletebegin insert does not applyend insert to
27the relationship between any optometrist employee and the
28employer medical group, or the relationship between a medical
29group exclusively contracted with a health plan regulated by the
30Department of Managed Health Care and that health plan.

31(e) begin deleteNo end deletebegin insertA end insertregistered dispensing opticianbegin delete mayend deletebegin insert shall notend insert have any
32membership, proprietary interest, coownership, or profit sharing
33arrangement either by stock ownership, interlocking directors,
34trusteeship, mortgage, or trust deed, with an optometrist, except
35as permitted under this section.

36(f) begin deleteNothing in this end deletebegin insert This end insertsectionbegin delete shallend deletebegin insert does notend insert prohibit a person
37licensed under Chapter 5 (commencing with Section 2000) or its
38professional corporation from contracting with or employing
39optometrists, ophthalmologists, or optometric assistants and
40entering into a contract or landlord tenant relationship with a health
P9    1plan, an optical company, or a registered dispensing optician, in
2accordance with Sections 650 andbegin delete 654 of this code.end deletebegin insert 654.end insert

3(g) begin deleteAny end deletebegin insertA end insertviolation of this section constitutes a misdemeanor
4as tobegin delete suchend deletebegin insert aend insert person licensed under Chapter 7 (commencing with
5Section 3000)begin delete of this divisionend delete and as to any and all persons,
6whether or notbegin delete soend delete licensed under this division, who participate
7withbegin delete suchend deletebegin insert theend insert licensed person inbegin delete a violation ofend deletebegin insert violatingend insert any
8provision of this section.

9

SEC. 2.  

Section 1264 of the Business and Professions Code is
10amended to read:

11

1264.  

begin insert(a)end insertbegin insertend insert The department shall issue a clinical chemist,
12clinical microbiologist, clinical toxicologist, clinical genetic
13molecular biologist, or clinical cytogeneticist license to each person
14who has applied for the license on forms provided by the
15department, who is a lawful holder of a master of science or
16doctoral degree in the specialty for which the applicant is seeking
17abegin delete licenseend deletebegin insert license,end insert and who has met such additional reasonable
18 qualifications of training, education, and experience as the
19department may establish by regulations. The department shall
20issue an oral and maxillofacial pathologist license to every
21applicant for licensure who has applied for the license on forms
22provided by the department, who is a registered Diplomate of the
23American Board of Oral and Maxillofacial Pathology, and who
24meets any additional and reasonable qualifications of training,
25education, and experience as the department may establish by
26regulation.

begin delete

27(a)

end delete

28begin insert(b)end insert The graduate education shall have included 30 semester
29hours of coursework in the applicant’s specialty. Applicants
30possessing only a master of science degree shall have the equivalent
31of one year of full-time, directed study or training in procedures
32and principles involved in the development,begin delete modificationend delete
33begin insert modification,end insert or evaluation of laboratory methods, including
34training in complex methods applicable to diagnostic laboratory
35work. Each applicantbegin delete mustend deletebegin insert shallend insert have had one year of training in
36his or her specialty in a clinical laboratory acceptable to the
37department and three years of experience in his or her specialty in
38a clinical laboratory, two years of which must have been at a
39supervisory level. The education shall have been obtained in one
40or more established and reputable institutions maintaining standards
P10   1equivalent, as determined by the department, to those institutions
2accredited by an agency acceptable to the department. The
3department shall determine by examination that the applicant is
4properly qualified. Examinations, training, or experience
5requirements for specialty licenses shall cover only the specialty
6concerned.

begin delete

7(b)

end delete

8begin insert(c)end insert The department may issue licenses without examination to
9applicants who have passed examinations of other states or national
10accrediting boards whose requirements are equal to or greater than
11those required by this chapter and regulations established by the
12department. The evaluation of other state requirements or
13requirements of national accrediting boards shall be carried out
14by the department with the assistance of representatives from the
15licensed groups. This sectionbegin delete shallend deletebegin insert doesend insert not apply to persons who
16have passed an examination by another state or national accrediting
17boardbegin delete prior toend deletebegin insert beforeend insert the establishment of requirements that are
18equal to or exceed those of this chapter or regulations of the
19department.

begin delete

20(c)

end delete

21begin insert(d)end insert The department may issue licenses without examination to
22applicants who had met standards of education and training, defined
23by regulations,begin delete prior toend deletebegin insert beforeend insert the date of the adoption of
24implementing regulations.

begin delete

25(d)

end delete

26begin insert(e)end insert The department shall adopt regulations to conform to this
27section.

28

SEC. 3.  

Section 2554 of the Business and Professions Code is
29amended to read:

30

2554.  

Each registrant shall conspicuously and prominently
31display at each registered location the following consumer
32information:

33“Eye doctors are required to provide patients with a copy of their
34ophthalmic lens prescriptions as follows:

35Spectacle prescriptions: Release upon completion of exam.

36Contact lens prescriptions: Release upon completion of exam
37or upon completion of the fitting process.

38Patients may take their prescription to any eye doctor or
39registered dispensing optician to be filled.

P11   1Optometrists and registered dispensing opticians are regulated
2by the State Board of Optometry. The State Board of Optometry
3receives and investigates all consumer complaints involving the
4practice of optometry and registered dispensing opticians.
5Complaints involving a California-licensed optometrist or a
6registered dispensing optician should be directed to:

7California State Board of Optometry

8Department of Consumer Affairs

92450 Del Paso Road, Suite 105

10Sacramento, CA 95834

11Phone: 1-866-585-2666 or (916) 575-7170

12Email: optometry@dca.ca.gov

13begin deleteWebsite: end deletebegin insertInternet Web site: end insertwww.optometry.ca.gov”

14

SEC. 4.  

Section 2556.1 of the Business and Professions Code
15 is amended to read:

16

2556.1.  

All licensed optometrists in a setting with a registered
17dispensing optician shall report the business relationship to the
18State Board of Optometry, as determined by the board. The State
19Board of Optometry shall have the authority to inspect any
20premises at which the business of a registered dispensing optician
21is co-located with the practice of an optometrist, forbegin delete theend delete purposes
22of determining compliance with Section 655. The inspection may
23include the review of any written leasebegin insert orend insert agreement between the
24registered dispensing optician and the optometrist or between the
25optometrist and the health plan. Failure to comply with the
26inspection or any request for information by the board may subject
27the party to disciplinary action. The board shall provide a copy of
28its inspection results, if applicable, to the Department of Managed
29Health Care.

30

SEC. 5.  

Section 2715 of the Business and Professions Code is
31amended to read:

32

2715.  

begin insert(a)end insertbegin insertend insert The board shall prosecute all persons guilty of
33violatingbegin delete the provisions ofend delete this chapter.

begin delete

34 Except

end delete

35begin insert(b)end insertbegin insertend insertbegin insertExceptend insert as provided by Section 159.5, the board, in
36accordance with thebegin delete provisions of theend delete Civil Service Law, may
37employbegin delete suchend deletebegin insert theend insert personnelbegin delete asend delete it deems necessary to carry into
38effectbegin delete the provisions ofend delete this chapter.

begin delete

39 The

end delete

P12   1begin insert(c)end insertbegin insertend insertbegin insertTheend insert board shall have and use a seal bearing the name “Board
2of Registered Nursing.” The board may adopt, amend, or repeal,
3in accordance with thebegin delete provisions of Chapter 4.5 (commencing
4with Section 11371), Part 1, Division 3, Title 2 of the Government
5Code, suchend delete
begin insert Administrative Procedure Act (Chapter 3.5
6(commencing with Section 11340) of Part 1 of Division 3 of Title
72 of the Government Code), theend insert
rules and regulationsbegin delete asend deletebegin insert thatend insert may
8be reasonably necessary to enable it to carry into effectbegin delete the
9provisions ofend delete
this chapter.

10

SEC. 6.  

Section 2759 of the Business and Professions Code is
11amended to read:

12

2759.  

The board shall discipline the holder of any license,
13whose default has been entered or who has been heard by the board
14and found guilty, by any of the following methods:

15(a) Suspending judgment.

16(b) Placing himbegin insert or herend insert upon probation.

17(c) Suspending hisbegin insert or herend insert right to practice nursing for a period
18not exceeding one year.

19(d) Revoking hisbegin insert or herend insert license.

20(e) Takingbegin delete suchend delete other action in relation to disciplining himbegin insert or
21herend insert
as the board in its discretion may deem proper.

22

SEC. 7.  

Section 3020 of the Business and Professions Code is
23amended to read:

24

3020.  

(a) There shall be established under the State Board of
25Optometry a dispensing optician committee to advise and make
26recommendations to the board regarding the regulation ofbegin delete aend delete
27 dispensing opticians pursuant to Chapter 5.5 (commencing with
28Section 2550). The committee shall consist of five members, two
29of whom shall be registered dispensing opticians, two of whom
30shall be public members, and one of whom shall be a member of
31the board. Initial appointments to the committee shall be made by
32the board. The board shall stagger the terms of the initial members
33appointed. The filling of vacancies on the committee shall be made
34by the board upon recommendations by the committee.

35(b) The committee shall be responsible for:

36(1) Recommending registration standards and criteria for the
37registration of dispensing opticians.

38(2) Reviewingbegin delete ofend delete the disciplinary guidelines relating to registered
39dispensing opticians.

P13   1(3) Recommending to the board changes or additions to
2regulations adopted pursuant to Chapter 5.5 (commencing with
3Section 2550).

4(4) Carrying out and implementing all responsibilities and duties
5imposed upon it pursuant to this chapter or as delegated to it by
6the board.

7(c) The committee shall meet at least twice a year and as needed
8in order to conduct its business.

9(d) Recommendations by the committee regarding scope of
10practice or regulatory changes or additions shall be approved,
11modified, or rejected by the board within 90 days of submission
12of the recommendation to the board. If the board rejects or
13significantly modifies the intent or scope of the recommendation,
14the committee may request that the board provide its reasons in
15writing for rejecting or significantly modifying the
16recommendation, which shall be provided by the board within 30
17days of the request.

18(e) After the initial appointments by the board pursuant to
19subdivision (a), the Governor shall appoint the registered
20dispensing optician members and the public members. The
21committee shall submit a recommendation to the board regarding
22which board member should be appointed to serve on the
23committee, and the board shall appoint the member to serve.
24Committee members shall serve a term of four years except for
25the initial staggered terms. A member may be reappointed, but no
26person shall serve as a member of the committee for more than
27two consecutive terms.

28

SEC. 8.  

Section 4430 of the Business and Professions Code is
29amended to read:

30

4430.  

For purposes of this chapter, the following definitions
31shall apply:

32(a) “Carrier” means a health care service plan, as defined in
33Section 1345 of the Health and Safety Code, or a health insurer
34that issues policies of health insurance, as defined in Section 106
35of the Insurance Code.

36(b) “Clerical or recordkeeping error” includes a typographical
37error, scrivener’s error, or computer error in a required document
38or record.

39(c) “Extrapolation” means the practice of inferring a frequency
40or dollar amount of overpayments, underpayments, nonvalid
P14   1claims, or other errors on any portion of claims submitted, based
2on the frequency or dollar amount of overpayments,
3 underpayments, nonvalid claims, or other errors actually measured
4in a sample of claims.

5(d) “Health benefit plan” means any plan or program that
6provides, arranges, pays for, or reimburses the cost of health
7benefits. “Health benefit plan” includes, but is not limited to, a
8health care service plan contract issued by a health care service
9plan, as defined in Section 1345 of the Health and Safety Code,
10and a policy of health insurance, as defined in Section 106 of the
11Insurance Code, issued by a health insurer.

12(e) “Maximum allowable cost” means the maximum amount
13that a pharmacy benefit manager will reimburse a pharmacy for
14the cost of a drug.

15(f) “Maximum allowable cost list” means a list of drugs for
16which a maximum allowable cost has been established by a
17pharmacy benefit manager.

18(g) “Obsolete” means a drug that may be listed in national drug
19pricing compendia but is no longer available to be dispensed based
20on the expiration date of the last lot manufactured.

21(h) “Pharmacy” has the same meaning as provided in Section
224037.

23(i) “Pharmacy audit” means an audit, either onsite or remotely,
24of any records of a pharmacy conducted by or on behalf of a carrier
25or a pharmacy benefits manager, or a representative thereof, for
26prescription drugs that were dispensed by that pharmacy to
27beneficiaries of a health benefit plan pursuant to a contract with
28the health benefit plan or the issuer or administrator thereof.
29“Pharmacy audit” does not include a concurrent review or desk
30audit that occurs within three business days of transmission of a
31claim, or a concurrent review or desk auditbegin delete where noend deletebegin insert if aend insert
32 chargeback or recoupment isbegin insert notend insert demanded.

33(j) “Pharmacy benefit manager” means a person, business, or
34other entity that, pursuant to a contract or under an employment
35relationship with a carrier, health benefit plan sponsor, or other
36third-party payer, either directly or through an intermediary,
37manages the prescription drug coverage provided by the carrier,
38plan sponsor, or other third-party payer, including, but not limited
39to, the processing and payment of claims for prescription drugs,
40the performance of drug utilization review, the processing of drug
P15   1prior authorization requests, the adjudication of appeals or
2grievances related to prescription drug coverage, contracting with
3network pharmacies, and controlling the cost of covered
4prescription drugs.

5

SEC. 9.  

Section 6026.7 of the Business and Professions Code,
6as added by Section 5 of Chapter 537 of the Statutes of 2015, is
7amended to read:

8

6026.7.  

(a) The State Bar is subject to the Bagley-Keene Open
9Meeting Act (Article 9 (commencing with Section 11120) of
10Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
11Code) and all meetings of the State Bar are subject to the
12Bagley-Keene Open Meeting Act.

13(b) Notwithstanding any other law, the Bagley-Keene Open
14Meeting Act shall not apply to thebegin insert Commission onend insert Judicial
15Nominees Evaluationbegin delete Commissionend delete or the Committee of Bar
16Examiners.

17(c) This section shall become operative on April 1, 2016.

18

SEC. 10.  

Section 6360 of the Business and Professions Code
19 is amended to read:

20

6360.  

begin insert(a)end insertbegin insertend insert A law library established under this chapter shall
21be free to the judiciary, to state and county officials, to members
22of the Statebegin delete Bar,end deletebegin insert Bar of California,end insert and to all residents of the
23county, for the examination of books and other publications at the
24library or its branches.

begin delete

25 The

end delete

26begin insert(b)end insertbegin insertend insertbegin insertTheend insert board of law library trustees may permit the removal
27ofbegin delete suchend deletebegin insert theend insert books and other publications from the library and its
28branches as it considers proper, subject tobegin delete suchend deletebegin insert thoseend insert rules, and,
29in its discretion, the giving ofbegin delete suchend delete security, as it may provide to
30ensure the safekeeping and prompt return thereof, butbegin delete noend delete security
31shallbegin insert notend insert be required of members of the judiciary or county
32officials. The board may provide for the levying of fines and
33charges for violation of the rules, and may make charges for special
34services, such as the making of photocopies of pages of library
35books, electronic delivery, messenger and other delivery services,
36educational programs, special events, and provision of supplies or
37food services.

begin delete

38 The

end delete

39begin insert(c)end insertbegin insertend insertbegin insertTheend insert board of law library trustees may require persons other
40than members of the judiciary, county officials, and members of
P16   1the bar resident in the county, to paybegin delete suchend delete dues as the board may
2fix for the privilege of removing books and other publications from
3the library. With the approval of the board of supervisors, the board
4of law library trustees may charge individual members of the bar
5resident in the county fees for the removal of books and other
6publications from the library. These fees shall not exceed the cost
7of providing the service.

8

SEC. 11.  

Section 6410.5 of the Business and Professions Code
9 is amended to read:

10

6410.5.  

(a) It is unlawful for any legal document assistant or
11unlawful detainer assistant, in the first contact with a prospective
12client of legal document or unlawful detainer assistant services,
13to enter into a contract or agreement for services or accept any
14compensation unless the legal document assistant or the unlawful
15detainer assistant states orally, clearly,begin delete affirmativelyend deletebegin insert affirmatively,end insert
16 and expressly all of the following, before making any other
17statement, except statements required by law in telephonic or home
18solicitations, and a greeting, or asking the prospective client any
19questions:

20(1) The identity of the person making the solicitation.

21(2) The trade name of the person represented by the person
22making the solicitation, if any.

23(3) The kind of services being offered for sale.

24(4) The statement: “I am not an attorney” and, if the person
25offering legal document assistant or unlawful detainer assistant
26services is a partnership or a corporation, or uses a fictitious
27business name, “[name] is not a law firm. I/we cannot represent
28you in court, advise you about your legal rights or the law, or select
29legal forms for you.”

30(5) The county in which the legal document assistant or unlawful
31detainer assistant is registered and his or her registration number.

32(6) The expiration date of the legal document assistant’s or
33unlawful detainer assistant’s current registration period.

34(b) After the legal document assistant or unlawful detainer
35assistant makes the oral statements required pursuant to subdivision
36(a), and before the legal document assistant or unlawful detainer
37assistant enters into a contract or agreement for services orbegin delete acceptend delete
38begin insert acceptsend insert any compensation, the legal document assistant or unlawful
39detainer assistant shall provide the prospective client with a “Notice
40to Consumer” set forth below. After allowing the prospective client
P17   1time to read the notice, the legal document assistant or unlawful
2detainer assistant shall ask the prospective client to sign and date
3the notice. If the first contact is not in person, the legal document
4assistant or unlawful detainer assistant shall provide the notice to
5the prospective client at the first in-person meeting or mail the
6notice to the prospective client before entering into a contract or
7agreement for services or accepting any compensation. The notice
8shall be set forth in black, bold, 12-point type on a separate, white,
9812 by 11 inch sheet of paperbegin delete whichend deletebegin insert thatend insert contains no other print
10or graphics, and shall be in thebegin delete following form.end deletebegin insert form set forth
11 below.end insert
The notice shall contain only the appropriate name or other
12designation from those indicated in brackets below. At the time a
13prospective client signs the notice and before that prospective
14client is offered any contract or agreement for signature, the legal
15document assistant or unlawful detainer assistant shall give the
16prospective client a clearly legible copy of the signed notice. A
17legal document assistant or unlawful detainer assistant shall not
18ask or require a prospective client or a client to sign any other form
19of acknowledgment regarding this notice.


20

 

NOTICE TO CONSUMER

 

DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE

 

In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did [he or she] explain . . . . . . . . .

 

[Name of unlawful detainer assistant or legal document assistant] is not an attorney.

 

[Name of corporation or partnership, if any, that is offering legal document assistant services or unlawful detainer assistant services] is not a law firm.

 

[He/she/name of the business] cannot represent you in court.

 

[He/she/name of the business] cannot advise you about your legal rights or the law.

 

[He/she/name of the business] cannot select legal forms for you.

 

[He/she/name of the business] is registered in [county name] and the registration number is [registration number].

 

[He/she/name of the business]’s registration is valid until [date of expiration of registration], after which it must be renewed.

 
To confirm that [he/she/name of business] is registered, you may contact the [county name] clerk’s office at [office address], [or] [office phone number], [or] [if available, office Internet Web site].
 

Choose one:

 

  Yes, [he/she] explained.

  No, [he/she] did not explain.

 

Date:

 

Signature:

P18  21

 

22(c) The legal document assistant or unlawful detainer assistant
23shall be responsible for translating, if necessary, the “Notice to
24Consumer” required pursuant to subdivision (b) into the language
25principally used in any oral sales presentation or negotiation.

26

SEC. 12.  

Section 7541.1 of the Business and Professions Code
27 is amended to read:

28

7541.1.  

(a) Notwithstanding any other law, experience for
29purposes of taking the examination for licensure as a private
30investigator shall be limited to those activities actually performed
31in connection with investigations, asbegin delete definedend deletebegin insert describedend insert in Section
327521, and only if those activities are performed by persons who
33are employed or managed in the following capacities:

34(1) Sworn law enforcement officers possessing powers of arrest
35and employed by agencies in the federal, state, or local government.

36(2) Military police of thebegin delete armed forcesend deletebegin insert Armed Forcesend insert of the
37United States or the National Guard.

38(3) An insurance adjuster orbegin delete theirend deletebegin insert itsend insert employees subject to
39Chapter 1 (commencing with Section 14000) of Division 5 of the
40Insurance Code.

P19   1(4) Persons employed by a private investigator who are duly
2licensed in accordance with this chapter, or managed by a qualified
3manager in accordance with Section 7536.

4(5) Persons employed by repossessors duly licensed in
5accordance with Chapter 11 (commencing with Section 7500),
6only to the extent that those persons are routinely and regularly
7engaged in the location of debtors or the location of personal
8propertybegin delete utilizingend deletebegin insert usingend insert methods commonly known as “skip
9tracing.” For purposes of this section, only that experience acquired
10inbegin delete thatend delete skip tracing shall be credited toward qualification to take
11the examination.

12(6) Persons duly trained and certified as an arson investigator
13and employed by a public agency engaged in fire suppression.

14(7) Persons trained as investigators and employed by a public
15defender to conduct investigations.

16(b) For purposes of Section 7541, persons possessing an
17associate of arts degree in police science, criminal law or justice
18from an accredited college shall be credited with 1,000 hours of
19experience in investigative activities.

20(c) The following activities shall not be deemed to constitute
21acts of investigation for purposes of experience toward licensure:

22(1) The serving of legal process or other documents.

23(2) Activities relating to the search for heirs or similar searches
24which involve only a search of public records or other reference
25sources in the public domain.

26(3) The transportation or custodial attendance of persons in the
27physical custody of a law enforcement agency.

28(4) The provision of bailiff or other security services to a court
29of law.

30(5) The collection or attempted collection of debts by telephone
31or written solicitation after the debtor has been located.

32(6) The repossession or attempted repossession of personal
33property after that property has been located and identified.

34(d) begin deleteWhere end deletebegin insertIf end insertthe activities of employment of an applicant include
35those which qualify as bona fide experience as stated in this section
36as well as those which do not qualify, the director may, by
37delegation to the bureau, determine and apportion that percentage
38of experience for whichbegin delete anyend deletebegin insert anend insert applicant is entitled to credit.

39

SEC. 13.  

Section 7685 of the Business and Professions Code
40 is amended to read:

P20   1

7685.  

(a) (1) Every funeral director shall provide to any
2person, upon beginning discussion of prices or of the funeral goods
3and services offered, a written or printed list containing, but not
4necessarily limited to, the price for professional services offered,
5begin delete whichend deletebegin insert thatend insert may include the funeral director’s services, the
6preparation of the body, the use of facilities, and the use of
7automotive equipment. All services included in this price or prices
8shall be enumerated. The funeral director shall also provide a
9statement on that list that gives the price range for all caskets
10offered for sale.

11(2) The list shall also include a statement indicating that the
12survivor of the deceased who is handling the funeral arrangements,
13or the responsible party, is entitled to receive,begin delete prior toend deletebegin insert beforeend insert the
14drafting of any contract, a copy of any preneed agreement that has
15been signed and paid for, in full or in part, by or on behalf of the
16deceased, and that is in the possession of the funeral establishment.

17(3) The funeral director shall also provide a written statement
18or list that, at a minimum, specifically identifies a particular casket
19or caskets by price and by thickness of metal, or type of wood, or
20other construction, interior and color, in addition to other casket
21identification requirements under Part 453 of Title 16 of the Code
22of Federal Regulations and any subsequent version of this
23regulation, when a request for specific information on a casket or
24caskets is made in person bybegin delete anyend deletebegin insert anend insert individual. Prices of caskets
25and other identifying features such as thickness of metal, or type
26of wood, or other construction, interior and color, in addition to
27other casket identification requirements required to be given over
28the telephone by Part 453 of Title 16 of the Code of Federal
29Regulations and any subsequent version of this regulation, shall
30be provided over the telephone, if requested.

31(b) (1) Each licensed funeral establishment that maintains an
32Internet Web site shall post on its Internet Web site the list of
33funeral goods and services that are required to be included in the
34establishment’s general price list, pursuant to federal rule, and a
35statement that the general price list is available upon request.

36(2) Information posted pursuant to paragraph (1) shall be
37provided by a link from thebegin delete homepage of theend delete Internet Web site
38begin insert homepageend insert with a word or combination of words, including, but
39not limited to, “goods,” “merchandise,” “products,” or “services.”

P21   1(3) An establishment that posts on its Internet Web sitebegin delete home
2pageend delete
begin insert homepageend insert the words “price information” or a similar phrase
3that includes the word “price,” with a link that leads to the
4establishment’s general price list, need not comply with paragraphs
5(1) or (2).

6(4) begin deleteNothing in this end deletebegin insertThis end insertsubdivision shallbegin insert notend insert be construed to
7affect an establishment’s obligations under federal or state law
8effectivebegin delete prior toend deletebegin insert beforeend insert January 1, 2013.

9(5) This subdivision shall become operative on January 1, 2013.

10

SEC. 14.  

Section 7818 of the Business and Professions Code
11 is amended to read:

12

7818.  

The board, pursuant to the provisions contained in
13Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
143 of Title 2 of the Government Code, may adopt,begin delete amendend deletebegin insert amend,end insert
15 or repeal rules and regulations to carry outbegin delete the provisions ofend delete this
16chapter.

17

SEC. 15.  

Section 19351 of the Business and Professions Code
18 is amended to read:

19

19351.  

(a) The Medical Marijuana Regulation and Safety Act
20Fund is hereby established within the State Treasury. Moneys in
21the fund shall be available upon appropriation by the Legislature.
22Notwithstanding Section 16305.7 of the Government Code, the
23fund shall include any interest and dividends earned on the moneys
24in the fund.

25(b) (1) Funds for the establishment and support of the regulatory
26activities pursuant to this chapter shall be advanced as a General
27Fund or special fund loan, and shall be repaid by the initial
28proceeds from fees collected pursuant to this chapter or any rule
29or regulation adopted pursuant to this chapter, by January 1, 2022.
30Should the initial proceeds from fees not be sufficient to repay the
31loan, moneys from the Medicalbegin delete Cannabisend deletebegin insert Marijuanaend insert Fines and
32Penalties Account shall be made available to the bureau, by
33appropriation of the Legislature, to repay the loan.

34(2) Funds advanced pursuant to this subdivision shall be
35appropriated to the bureau, which shall distribute the moneys to
36the appropriate licensing authorities, as necessary to implement
37begin delete the provisions ofend delete this chapter.

38(3) The Director of Finance may provide an initial operating
39loan from the General Fund to the Medical Marijuana Regulation
P22   1and Safety Act Fund that does not exceed ten million dollars
2($10,000,000).

3(c) Except as otherwise provided, all moneys collected pursuant
4to this chapter as a result of fines or penalties imposed under this
5chapter shall be deposited directly into the Medical Marijuana
6Fines and Penalties Account, which is hereby established within
7the fund, and shall be available, upon appropriation by the
8Legislature to the bureau, for thebegin delete purposesend deletebegin insert purposeend insert of funding the
9enforcement grant program pursuant to subdivision (d).

10(d) (1) The bureau shall establish a grant program to allocate
11moneys from the Medicalbegin delete Cannabisend deletebegin insert Marijuanaend insert Fines and Penalties
12Account to state and local entities for the following purposes:

13(A) To assist with medical cannabis regulation and the
14enforcement of this chapter and other state and local laws
15applicable to cannabis activities.

16(B) For allocation to state and local agencies and law
17enforcement to remedy the environmental impacts of cannabis
18cultivation.

19(2) The costs of the grant program under this subdivision shall,
20upon appropriation by the Legislature, be paid for with moneys in
21the Medicalbegin delete Cannabisend deletebegin insert Marijuanaend insert Fines and Penalties Account.

22(3) The grant program established by this subdivision shall only
23be implemented after the loan specified in this section is repaid.

24

SEC. 16.  

Section 19861 of the Business and Professions Code
25 is amended to read:

26

19861.  

begin insert(a)end insertbegin insertend insert Notwithstanding subdivisionbegin delete (i)end deletebegin insert (j)end insert of Section
2719801, the commission shall not deny a license to a gambling
28establishment solely because it is not open to the public,begin delete provided
29thatend delete
begin insert ifend insert all of the following are true:begin delete (a) theend delete

30begin insert(1)end insertbegin insertend insertbegin insertTheend insert gambling establishment is situated in a local jurisdiction
31that has an ordinance allowing only private clubs,begin delete andend delete the gambling
32establishment was in operation as a private club under that
33ordinance on December 31, 1997, andbegin insert itend insert met all applicable state
34and local gaming registrationbegin delete requirements;end deletebegin delete (b) theend deletebegin insert requirements.end insert

35begin insert(2)end insertbegin insertend insertbegin insertTheend insert gambling establishment consists of no more than five
36gamingbegin delete tables; (c) videoend deletebegin insert tables.end insert

37begin insert(3)end insertbegin insertend insertbegin insertVideoend insert recordings of the entrance to the gambling room or
38rooms and all tables situated therein are made during all hours of
39operation by means of closed-circuit television cameras, and these
40recordings are retained for a period of 30 days and are made
P23   1available for review by the department uponbegin delete request; and (d) theend delete
2begin insert request.end insert

3begin insert(4)end insertbegin insertend insertbegin insertTheend insert gambling establishment is open to members of the
4private club and their spouses in accordance with membership
5criteria in effect as of December 31, 1997.

begin delete

6 A

end delete

7begin insert(b)end insertbegin insertend insertbegin insertAend insert gambling establishment meetingbegin delete these criteria,end deletebegin insert the criteria
8set forth in subdivision (a),end insert
in addition to the other requirements
9of this chapter, may be licensed to operate as a private club
10gambling establishment until November 30, 2003, or until the
11ownership or operation of the gambling establishment changes
12from the ownership or operation as of January 1, 1998, whichever
13occurs first. Operation of the gambling establishments after this
14date shall only be permitted if the local jurisdiction approves an
15ordinance, pursuant to Sections 19961 and 19962, authorizing the
16operation of gambling establishments that are open to the public.
17The commission shall adopt regulations implementing this section.
18begin delete Prior toend deletebegin insert Beforeend insert the commission’s issuance of a license to a private
19club, the department shall ensure that the ownership of the
20gambling establishment has remained constant since January 1,
211998, and the operation of the gambling establishment has not
22 been leased tobegin delete anyend deletebegin insert aend insert third party.

23

SEC. 17.  

Section 48a of the Civil Code is amended to read:

24

48a.  

begin delete1.end deletebegin deleteend deletebegin insert(a)end insertbegin insertend insert In any action for damages for the publication of
25a libel in a daily or weekly news publication, or of a slander by
26radio broadcast, plaintiff shallbegin insert onlyend insert recoverbegin delete no more thanend delete special
27damages unless a correctionbegin delete beend deletebegin insert isend insert demanded andbegin delete beend deletebegin insert isend insert not published
28or broadcast, asbegin delete hereinafter provided.end deletebegin insert provided in this section.end insert
29 Plaintiff shall serve upon thebegin delete publisher,end deletebegin insert publisherend insert at the place of
30begin delete publicationend deletebegin insert publication,end insert or broadcaster at the place of broadcast,
31a written notice specifying the statements claimed to be libelous
32and demanding thatbegin delete the sameend deletebegin insert those statementsend insert be corrected.begin delete Saidend delete
33begin insert Theend insert notice and demand must be served within 20 days after
34knowledge of the publication or broadcast of the statements
35claimed to be libelous.

begin delete

362.

end delete

37begin insert(b)end insert If a correctionbegin delete beend deletebegin insert isend insert demanded withinbegin delete said periodend deletebegin insert 20 daysend insert
38 andbegin delete beend deletebegin insert isend insert not published or broadcast in substantially as conspicuous
39a manner inbegin delete saidend deletebegin insert the sameend insert daily or weekly news publication, or on
40begin delete saidend deletebegin insert the sameend insert broadcasting station as were the statements claimed
P24   1to be libelous, in a regular issue thereof published or broadcast
2within three weeks afterbegin delete suchend delete service, plaintiff, if hebegin insert or sheend insert pleads
3and provesbegin delete suchend delete notice, demand and failure to correct, and if his
4begin insert or herend insert cause of actionbegin delete beend deletebegin insert isend insert maintained, may recover general,
5begin delete specialend deletebegin insert special,end insert and exemplarybegin delete damages; provided that no
6exemplary damages mayend delete
begin insert damages. Exemplary damages shall notend insert
7 be recovered unless the plaintiffbegin delete shall proveend deletebegin insert provesend insert that defendant
8made the publication or broadcast with actual malice and then only
9in the discretion of the court or jury, and actual malice shall not
10be inferred or presumed from the publication or broadcast.

begin delete

113.

end delete

12begin insert(c)end insert A correction published or broadcast in substantially as
13conspicuous a manner inbegin delete saidend deletebegin insert theend insert daily or weekly news publication,
14or onbegin delete saidend deletebegin insert theend insert broadcasting station as the statements claimed in
15the complaint to be libelous,begin delete prior toend deletebegin insert beforeend insert receipt of a demand
16begin delete therefor,end deletebegin insert for correction,end insert shall be of the same force and effect as
17thoughbegin delete suchend deletebegin insert theend insert correction had been published or broadcast within
18three weeks after a demandbegin delete therefor.end deletebegin insert for correction.end insert

begin delete

194.

end delete

20begin insert(d)end insert As usedbegin delete herein, the terms “general damages,” “special
21damages,” “exemplary damages” and “actual malice,” are defined
22as follows:end delete
begin insert in this section, the following definitions shall apply:end insert

begin delete

23(a)

end delete

24begin insert(1)end insert “General damages”begin delete areend deletebegin insert meansend insert damages for loss of reputation,
25shame,begin delete mortificationend deletebegin insert mortification,end insert and hurt feelings.

begin delete

26(b)

end delete

27begin insert(2)end insert “Special damages”begin delete areend deletebegin insert meansend insert all damagesbegin delete whichend deletebegin insert thatend insert
28 plaintiff alleges and proves that hebegin insert or sheend insert has suffered in respect
29to hisbegin insert or herend insert property, business, trade,begin delete professionend deletebegin insert profession,end insert or
30occupation, includingbegin delete suchend deletebegin insert theend insert amounts of moneybegin delete asend delete the plaintiff
31alleges and proves hebegin insert or sheend insert has expended as a result of the alleged
32libel, and no other.

begin delete

33(c)

end delete

34begin insert(end insertbegin insert3)end insert “Exemplary damages”begin delete areend deletebegin insert meansend insert damagesbegin delete whichend deletebegin insert thatend insert may
35in the discretion of the court or jury be recovered in addition to
36general and special damages for the sake of example and by way
37of punishing a defendant who has made the publication or broadcast
38with actual malice.

begin delete

39(d)

end delete

P25   1begin insert(4)end insert “Actual malice”begin delete isend deletebegin insert meansend insert that state of mind arising from
2hatred or ill will toward the plaintiff; provided, however, thatbegin delete suchend delete
3 a state of mind occasioned by a good faith belief on the part of the
4defendant in the truth of the libelous publication or broadcast at
5the time it is published or broadcast shall not constitute actual
6malice.

begin delete

75. For purposes of this section, a “daily

end delete

8begin insert(5)end insertbegin insertend insertbegin insert“Dailyend insert or weekly news publication” means a publication,
9either in print or electronic form, that contains news on matters of
10public concern and that publishes at least once a week.

11

SEC. 18.  

Section 52.5 of the Civil Code is amended to read:

12

52.5.  

(a) A victim of human trafficking, as defined in Section
13236.1 of the Penal Code, may bring a civil action for actual
14damages, compensatory damages, punitive damages, injunctive
15relief, any combination of those, or any other appropriate relief.
16A prevailing plaintiff may also be awarded attorney’s fees and
17costs.

18(b) In addition to the remedies specified in this section, in an
19action under subdivision (a), the plaintiff may be awarded up to
20three times his or her actual damages or ten thousand dollars
21($10,000), whichever is greater. In addition, punitive damages
22maybegin delete alsoend delete be awarded upon proof of the defendant’s malice,
23oppression, fraud, or duress in committing the act of human
24 trafficking.

25(c) An action brought pursuant to this section shall be
26commenced within seven years of the date on which the trafficking
27victim was freed from the trafficking situation or, if the victim was
28a minor when the act of human trafficking against the victim
29occurred, within 10 years after the date the plaintiff attains the age
30of majority.

31(d) If a person entitled to sue is under a disability at the time
32the cause of action accrues so that it is impossible or impracticable
33for him or her to bring an action, the time of the disability is not
34part of the time limited for the commencement of the action.
35Disability will toll the running of the statute of limitations for this
36action.

37(1) Disability includes being a minor, lacking legal capacity to
38make decisions, imprisonment, or other incapacity or
39 incompetence.

P26   1(2) The statute of limitations shall not run against a plaintiff
2who is a minor or who lacks the legal competence to make
3decisions simply because a guardian ad litem has been appointed.
4A guardian ad litem’s failure to bring a plaintiff’s action within
5the applicable limitation period will not prejudice the plaintiff’s
6right tobegin delete do soend deletebegin insert bring an actionend insert after his or her disability ceases.

7(3) A defendant is estopped from asserting a defense of the
8statute of limitations when the expiration of the statute is due to
9conduct by the defendant inducing the plaintiff to delay the filing
10of the action, or due to threats made by the defendant causing
11begin delete duress upon the plaintiff.end deletebegin insert the plaintiff duress.end insert

12(4) The suspension of the statute of limitations due to disability,
13lack of knowledge, or estoppel applies to all other related claims
14arising out of the trafficking situation.

15(5) The running of the statute of limitations is postponed during
16the pendency of criminal proceedings against the victim.

17(e) The running of the statute of limitations may be suspended
18if a person entitled to sue could not have reasonably discovered
19the cause of action due to circumstances resulting from the
20trafficking situation, such as psychological trauma, cultural and
21linguistic isolation, and the inability to access services.

22(f) A prevailing plaintiff may also be awarded reasonable
23attorney’s fees and litigation costs including, but not limited to,
24expert witness fees and expenses as part of the costs.

25(g) Restitution paid by the defendant to the victim shall be
26credited against a judgment, award, or settlement obtained pursuant
27to an action under this section. A judgment, award, or settlement
28obtained pursuant to an action under this sectionbegin delete shall beend deletebegin insert isend insert subject
29to Section 13963 of the Government Code.

30(h) A civil action filed under this section shall be stayed during
31the pendency of any criminal action arising out of the same
32occurrence in which the claimant is the victim. As used in this
33section, a “criminal action” includes investigation and prosecution,
34and is pending until a final adjudication in the trial court or
35dismissal.

36

SEC. 19.  

Section 1770 of the Civil Code is amended to read:

37

1770.  

(a) The following unfair methods of competition and
38unfair or deceptive acts or practices undertaken by any person in
39a transaction intended to result orbegin delete whichend deletebegin insert thatend insert results in the sale or
40lease of goods or services to any consumer are unlawful:

P27   1(1) Passing off goods or services as those of another.

2(2) Misrepresenting the source, sponsorship, approval, or
3certification of goods or services.

4(3) Misrepresenting the affiliation, connection, or association
5with, or certification by, another.

6(4) Using deceptive representations or designations of
7geographic origin in connection with goods or services.

8(5) Representing that goods or services have sponsorship,
9approval, characteristics, ingredients, uses, benefits, or quantities
10begin delete whichend deletebegin insert thatend insert they do not have or that a person has a sponsorship,
11approval, status, affiliation, or connectionbegin delete whichend deletebegin insert thatend insert he or she
12does not have.

13(6) Representing that goods are original or new if they have
14deteriorated unreasonably or are altered, reconditioned, reclaimed,
15used, or secondhand.

16(7) Representing that goods or services are of a particular
17standard, quality, or grade, or that goods are of a particular style
18or model, if they are of another.

19(8) Disparaging the goods, services, or business of another by
20false or misleading representation of fact.

21(9) Advertising goods or services with intent not to sell them
22as advertised.

23(10) Advertising goods or services with intent not to supply
24reasonably expectable demand, unless the advertisement discloses
25a limitation of quantity.

26(11) Advertising furniture without clearly indicating that it is
27unassembled if that is the case.

28(12) Advertising the price of unassembled furniture without
29clearly indicating the assembled price of that furniture if the same
30furniture is available assembled from the seller.

31(13) Making false or misleading statements of fact concerning
32reasons for, existence of, or amountsbegin delete ofend deletebegin insert of,end insert price reductions.

33(14) Representing that a transaction confers or involves rights,
34remedies, or obligationsbegin delete whichend deletebegin insert thatend insert it does not have or involve, or
35begin delete whichend deletebegin insert thatend insert are prohibited by law.

36(15) Representing that a part, replacement, or repair service is
37needed when it is not.

38(16) Representing that the subject of a transaction has been
39supplied in accordance with a previous representation when it has
40 not.

P28   1(17) Representing that the consumer will receive a rebate,
2discount, or other economic benefit, if the earning of the benefit
3is contingent on an event to occur subsequent to the consummation
4of the transaction.

5(18) Misrepresenting the authority of a salesperson,
6representative, or agent to negotiate the final terms of a transaction
7with a consumer.

8(19) Inserting an unconscionable provision in the contract.

9(20) Advertising that a product is being offered at a specific
10price plus a specific percentage of that price unless (A) the total
11price is set forth in the advertisement, which may include, but is
12not limited to, shelf tags, displays, and media advertising, in a size
13larger than any other price in that advertisement, and (B) the
14specific price plus a specific percentage of that price represents a
15markup from the seller’s costs or from the wholesale price of the
16product. This subdivision shall not apply to in-store advertising
17by businessesbegin delete whichend deletebegin insert thatend insert are open only to members or cooperative
18organizations organized pursuant to Division 3 (commencing with
19Section 12000) of Title 1 of the Corporations Code where more
20than 50 percent of purchases are made at the specific price set forth
21in the advertisement.

22(21) Selling or leasing goods in violation of Chapter 4
23(commencing with Section 1797.8) of Title 1.7.

24(22) (A) Disseminating an unsolicited prerecorded message by
25telephone without an unrecorded, natural voice first informing the
26person answering the telephone of the name of the caller or the
27organization being represented, and either the address or the
28telephone number of the caller, and without obtaining the consent
29of that person to listen to the prerecorded message.

30(B) This subdivision does not apply to a message disseminated
31to a business associate, customer, or other person having an
32established relationship with the person or organization making
33the call, to a call for the purpose of collecting an existing
34obligation, or to any call generated at the request of the recipient.

35(23) (A) The home solicitation, as defined in subdivision (h)
36of Section 1761, of a consumer who is a senior citizen where a
37loan is made encumbering the primary residence of that consumer
38forbegin delete theend delete purposes of paying for home improvements and where the
39transaction is part of a pattern or practice in violation of either
40subsection (h) or (i) of Section 1639 of Title 15 of the United States
P29   1Code or paragraphs (1), (2), and (4) of subdivision (a) of Section
2226.34 of Title 12 of the Code of Federal Regulations.

3(B) A third party shall not be liable under this subdivision unless
4begin delete (1)end deletebegin insert (i)end insert there was an agency relationship between the party who
5engaged in home solicitation and the thirdbegin delete partyend deletebegin insert party,end insert orbegin delete (2)end deletebegin insert (ii)end insert
6 the third party had actual knowledge of, or participated in, the
7unfair or deceptive transaction. A third party who is a holder in
8due course under a home solicitation transaction shall not be liable
9under this subdivision.

10(24) (A) Charging or receiving an unreasonable fee to prepare,
11aid, or advise any prospective applicant, applicant, or recipient in
12the procurement, maintenance, or securing of public social services.

13(B) For purposes of this paragraph, the following definitions
14shall apply:

15(i) “Public social services” means those activities and functions
16of state and local government administered or supervised by the
17State Department of Health Care Services, the State Department
18of Public Health, or the State Department of Social Services, and
19involved in providing aid or services, or both, including health
20care services, and medical assistance, to those persons who,
21because of their economic circumstances or social condition, are
22in need of that aid or those services and may benefit from them.

23(ii) “Public social services” also includes activities and functions
24administered or supervised by the United States Department of
25Veterans Affairs or the California Department of Veterans Affairs
26involved in providing aid or services, or both, to veterans, including
27pension benefits.

28(iii) “Unreasonable fee” means a fee that is exorbitant and
29disproportionate to the services performed. Factors to be
30considered,begin delete whenend deletebegin insert ifend insert appropriate, in determining the reasonableness
31of a fee, are based on the circumstances existing at the time of the
32service and shall include, but not be limited to, all of the following:

33(I) The time and effort required.

34(II) The novelty and difficulty of the services.

35(III) The skill required to perform the services.

36(IV) The nature and length of the professional relationship.

37(V) The experience, reputation, and ability of the person
38providing the services.

39(C) This paragraph shall not apply to attorneys licensed to
40practice law in California, who are subject to the California Rules
P30   1 of Professional Conduct and to the mandatory fee arbitration
2provisions of Article 13 (commencing with Section 6200) of
3Chapter 4 of Division 3 of the Business and Professions Code,
4when the fees charged or received are for providing representation
5in administrative agency appeal proceedings or court proceedings
6for purposes of procuring, maintaining, or securing public social
7services on behalf of a person or group of persons.

8(25) (A) Advertising or promoting any event, presentation,
9seminar, workshop, or other public gathering regarding veterans’
10benefits or entitlements that does not include the following
11statement in the same type size and font as the term “veteran” or
12any variation of that term:

13(i) “I am not authorized to file an initial application for Veterans’
14Aid and Attendance benefits on your behalf, or to represent you
15before the Board of Veterans’ Appeals within the United States
16Department of Veterans Affairs in any proceeding on any matter,
17including an application for such benefits. It would be illegal for
18me to accept a fee for preparing that application on your behalf.”
19The requirements of this clause do not apply to a person licensed
20to act as an agent or attorney in proceedings before the Agency of
21Original Jurisdiction and the Board of Veterans’ Appeals within
22the United States Department of Veterans Affairs when that person
23is offering those services at the advertised event.

24(ii) The statement in clause (i) shall also be disseminated, both
25orally and in writing, at the beginning of any event, presentation,
26seminar, workshop, or public gathering regarding veterans’ benefits
27or entitlements.

28(B) Advertising or promoting any event, presentation, seminar,
29workshop, or other public gathering regarding veterans’ benefits
30or entitlementsbegin delete whichend deletebegin insert thatend insert is not sponsored by, or affiliated with,
31the United States Department of Veterans Affairs, the California
32Department of Veterans Affairs, or any other congressionally
33chartered or recognized organization of honorably discharged
34members of the Armed Forces of the United States, or any of their
35auxiliaries that does not include the following statement, in the
36same type size and font as the term “veteran” or the variation of
37that term:


39“This event is not sponsored by, or affiliated with, the United
40States Department of Veterans Affairs, the California Department
P31   1of Veterans Affairs, or any other congressionally chartered or
2recognized organization of honorably discharged members of the
3Armed Forces of the United States, or any of their auxiliaries.
4None of the insurance products promoted at this sales event are
5endorsed by those organizations, all of which offer free advice to
6veterans about how to qualify and apply for benefits.”


8(i) The statement in this subparagraph shall be disseminated,
9both orally and in writing, at the beginning of any event,
10presentation, seminar, workshop, or public gathering regarding
11veterans’ benefits or entitlements.

12(ii) The requirements of this subparagraph shall not apply in a
13case where the United States Department of Veterans Affairs, the
14California Department of Veterans Affairs, or other congressionally
15chartered or recognized organization of honorably discharged
16members of the Armed Forces of the United States, or any of their
17auxiliaries have granted written permission to the advertiser or
18promoter for the use of its name, symbol, or insignia to advertise
19or promote the event, presentation, seminar, workshop, or other
20public gathering.

21(26) Advertising, offering for sale, or selling a financial product
22that is illegal under state or federal law, including any cash payment
23for the assignment to a third party of the consumer’s right to receive
24future pension or veteran’s benefits.

25(27) Representing that a product is made in California by using
26a Made in California label created pursuant to Section 12098.10
27of the Government Code, unless the product complies with Section
2812098.10 of the Government Code.

29(b) (1) It is an unfair or deceptive act or practice for a mortgage
30broker or lender, directly or indirectly, to use a home improvement
31contractor to negotiate the terms of any loan that is secured,
32whether in whole or in part, by the residence of the borrower and
33begin delete whichend deletebegin insert thatend insert is used to finance a home improvement contract or any
34portion of a home improvement contract. For purposes of this
35subdivision, “mortgage broker or lender” includes a finance lender
36licensed pursuant to the California Finance Lenders Law (Division
379 (commencing with Section 22000) of the Financial Code), a
38residential mortgage lender licensed pursuant to the California
39Residential Mortgage Lending Act (Division 20 (commencing
40with Section 50000) of the Financial Code), or a real estate broker
P32   1licensed under the Real Estate Law (Division 4 (commencing with
2Section 10000) of the Business and Professions Code).

3(2) This section shall not be construed to either authorize or
4prohibit a home improvement contractor from referring a consumer
5to a mortgage broker or lender by this subdivision. However, a
6home improvement contractor may refer a consumer to a mortgage
7lender or broker if that referral does not violate Section 7157 of
8the Business and Professions Code or any other law. A mortgage
9lender or broker may purchase an executed home improvement
10contract if that purchase does not violate Section 7157 of the
11Business and Professions Code or any other law. Nothing in this
12paragraph shall have any effect on the application of Chapter 1
13(commencing with Section 1801) of Title 2 to a home improvement
14transaction or the financing of a home improvement transaction.

15

SEC. 20.  

Section 1798.29 of the Civil Code is amended to
16read:

17

1798.29.  

(a) begin deleteAny end deletebegin insertAn end insertagency that owns or licenses
18computerized data that includes personal information shall disclose
19any breach of the security of the system following discovery or
20notification of the breach in the security of the data to any resident
21of California whose unencrypted personal information was, or is
22reasonably believed to have been, acquired by an unauthorized
23person. The disclosure shall be made in the most expedient time
24possible and without unreasonable delay, consistent with the
25legitimate needs of law enforcement, as provided in subdivision
26(c), or any measures necessary to determine the scope of the breach
27and restore the reasonable integrity of the data system.

28(b) begin deleteAny end deletebegin insertAn end insertagency that maintains computerized data that
29includes personal information that the agency does not own shall
30notify the owner or licensee of the information of any breach of
31the security of the data immediately following discovery, if the
32personal information was, or is reasonably believed to have been,
33acquired by an unauthorized person.

34(c) The notification required by this section may be delayed if
35a law enforcement agency determines that the notification will
36impede a criminal investigation. The notification required by this
37section shall be made after the law enforcement agency determines
38that it will not compromise the investigation.

P33   1(d) begin deleteAny end deletebegin insertAn end insertagency that is required to issue a security breach
2notification pursuant to this section shall meet all of the following
3requirements:

4(1) The security breach notification shall be written in plain
5language, shall be titled “Notice of Data Breach,” and shall present
6the information described in paragraph (2) under the following
7headings: “What Happened,” “What Information Was Involved,”
8“What We Are Doing,” “What You Can Do,” and “For More
9Information.” Additional information may be provided as a
10supplement to the notice.

11(A) The format of the notice shall be designed to call attention
12to the nature and significance of the information it contains.

13(B) The title and headings in the notice shall be clearly and
14conspicuously displayed.

15(C) The text of the notice and any other notice provided pursuant
16to this section shall be no smaller than 10-point type.

17(D) For a written notice described in paragraph (1) of
18subdivision (i), use of the model security breach notification form
19prescribedbegin delete belowend deletebegin insert below,end insert or use of the headings described in this
20paragraph with the information described in paragraph (2), written
21in plain language, shall be deemed to be in compliance with this
22subdivision.


23

 

[NAME OF INSTITUTION / LOGO]     Date: [insert date]

NOTICE OF DATA BREACH



Whatbegin delete Happened?end deletebegin insert Happenedend insert




 
 


What Information Wasbegin delete Involved?end deletebegin insert Involvedend insert




 


What We Arebegin delete Doing.end deletebegin insert Doingend insert




 


What You Canbegin delete Do.end deletebegin insert Doend insert




 
 

Other Importantbegin delete Information.end deletebegin insert Informationend insert

[insert other important information]










For Morebegin delete Information.end deletebegin insert Informationend insert



Call [telephone number] or go to [Internet Web site]

P34  3334

 


35(E) For an electronic notice described in paragraph (2) of
36subdivision (i), use of the headings described in this paragraph
37with the information described in paragraph (2), written in plain
38language, shall be deemed to be in compliance with this
39subdivision.

P35   1(2) The security breach notification described in paragraph (1)
2shall include, at a minimum, the following information:

3(A) The name and contact information of the reporting agency
4subject to this section.

5(B) A list of the types of personal information that were or are
6reasonably believed to have been the subject of a breach.

7(C) If the information is possible to determine at the time the
8notice is provided,begin delete thenend delete any of the following:begin delete (i) theend delete

9begin insert(i)end insertbegin insertend insertbegin insertTheend insert date of thebegin delete breach, (ii) theend deletebegin insert breach.end insert

10begin insert(ii)end insertbegin insertend insertbegin insertTheend insert estimated date of thebegin delete breach, or (iii) theend deletebegin insert breach.end insert

11begin insert(iii)end insertbegin insertend insertbegin insertTheend insert date range within which the breach occurred.begin delete The
12notification shall also include the date of the notice.end delete

begin insert

13(D) The date of notice.

end insert
begin delete

14(D)

end delete

15begin insert(E)end insert Whether the notification was delayed as a result of a law
16enforcement investigation, if that information is possible to
17determine at the time the notice is provided.

begin delete

18(E)

end delete

19begin insert(F)end insert A general description of the breach incident, if that
20information is possible to determine at the time the notice is
21provided.

begin delete

22(F)

end delete

23begin insert(G)end insert The toll-free telephone numbers and addresses of the major
24credit reporting agencies, if the breach exposed a social security
25number or a driver’s license or California identification card
26number.

27(3) At the discretion of the agency, the security breach
28notification may also include any of the following:

29(A) Information about what the agency has done to protect
30individuals whose information has been breached.

31(B) Advice on steps that the person whose information has been
32breached may take to protect himself or herself.

33(e) begin deleteAny end deletebegin insertAn end insertagency that is required to issue a security breach
34notification pursuant to this section to more than 500 California
35residents as a result of a single breach of the security system shall
36electronically submit a single sample copy ofbegin delete thatend deletebegin insert theend insert security
37breach notification, excluding any personally identifiable
38information, to the Attorney General. A single sample copy ofbegin delete aend delete
39begin insert theend insert security breach notification shall not be deemed to be within
40subdivision (f) of Section 6254 of the Government Code.

P36   1(f) For purposes of this section, “breach of the security of the
2system” means unauthorized acquisition of computerized data that
3compromises the security, confidentiality, or integrity of personal
4information maintained by the agency. Good faith acquisition of
5personal information by an employee or agent of the agency for
6the purposes of the agency is not a breach of the security of the
7system,begin delete provided thatend deletebegin insert ifend insert the personal information is not used or
8subject to further unauthorized disclosure.

9(g) For purposes of this section, “personal information” means
10either of the following:

11(1) An individual’s first name or first initial and last name in
12combination with any one or more of the following data elements,
13begin delete whenend deletebegin insert ifend insert either the name or the data elements are not encrypted:

14(A) Social security number.

15(B) Driver’s license number or California identification card
16number.

17(C) Account number, credit or debit card number, in
18combination with any required security code, access code, or
19password that would permit access to an individual’s financial
20account.

21(D) Medical information.

22(E) Health insurance information.

23(F) Information or data collected through the use or operation
24of an automated license plate recognition system, as defined in
25Section 1798.90.5.

26(2) A user name or email address, in combination with a
27password or security question and answer that would permit access
28to an online account.

29(h) (1) For purposes of this section, “personal information”
30does not include publicly available information that is lawfully
31 made available to the general public from federal, state, or local
32government records.

33(2) For purposes of this section, “medical information” means
34any information regarding an individual’s medical history, mental
35or physical condition, or medical treatment or diagnosis by a health
36care professional.

37(3) For purposes of this section, “health insurance information”
38means an individual’s health insurance policy number or subscriber
39identification number,begin delete anyend deletebegin insert aend insert unique identifier used by a health
40insurer to identify the individual, or any information in an
P37   1individual’s application and claims history, including any appeals
2records.

3(4) For purposes of this section, “encrypted” means rendered
4unusable, unreadable, or indecipherable to an unauthorized person
5through a security technology or methodology generally accepted
6in the field of information security.

7(i) For purposes of this section, “notice” may be provided by
8one of the following methods:

9(1) Written notice.

10(2) Electronic notice, if the notice provided is consistent with
11the provisions regarding electronic records and signatures set forth
12in Section 7001 of Title 15 of the United States Code.

13(3) Substitute notice, if the agency demonstrates that the cost
14of providing notice would exceed two hundred fifty thousand
15dollars ($250,000),begin delete orend delete that the affected class of subject persons to
16be notified exceeds 500,000, or the agency does not have sufficient
17contact information. Substitute notice shall consist of all of the
18following:

19(A) Email notice when the agency has an email address for the
20subject persons.

21(B) Conspicuous posting, for a minimum of 30 days, of the
22notice on the agency’s Internet Webbegin delete site page,end deletebegin insert site,end insert if the agency
23maintains one. For purposes of this subparagraph, conspicuous
24posting on the agency’s Internet Web site means providing a link
25to the notice on the home page or first significant page after
26entering the Internet Web site that is in larger type than the
27surrounding text,begin delete orend delete in contrasting type, font, or color to the
28surrounding text of the same size, or set off from the surrounding
29text of the same size by symbols or other marks that call attention
30to the link.

31(C) Notification to major statewide media and the Office of
32Information Security within the Department of Technology.

33(4) In the case of a breach of the security of the system involving
34personal information defined in paragraph (2) of subdivision (g)
35for an online account, and no other personal information defined
36in paragraph (1) of subdivision (g), the agency may comply with
37this section by providing the security breach notification in
38electronic or other form that directs the person whose personal
39information has been breached to promptly change his or her
40password and security question or answer, as applicable, or to take
P38   1other steps appropriate to protect the online account with the
2agency and all other online accounts for which the person uses the
3same user name or email address and password or security question
4or answer.

5(5) In the case of a breach of the security of the system involving
6personal information defined in paragraph (2) of subdivision (g)
7for login credentials of an email account furnished by the agency,
8the agency shall not comply with this section by providing the
9security breach notification to that email address, but may, instead,
10comply with this section by providing notice by another method
11described in this subdivision or by clear and conspicuous notice
12delivered to the resident online when the resident is connected to
13the online account from an Internet Protocol address or online
14location from which the agency knows the resident customarily
15accesses the account.

16(j) Notwithstanding subdivision (i), an agency that maintains
17its own notification procedures as part of an information security
18policy for the treatment of personal information and is otherwise
19consistent with the timing requirements of this part shall be deemed
20to be in compliance with the notification requirements of this
21section if it notifies subject persons in accordance with its policies
22in the event of a breach of security of the system.

23(k) Notwithstanding the exception specified in paragraph (4) of
24subdivision (b) of Section 1798.3, for purposes of this section,
25“agency” includes a local agency, as defined in subdivision (a) of
26Section 6252 of the Government Code.

27

SEC. 21.  

Section 1798.82 of the Civil Code is amended to
28read:

29

1798.82.  

(a) A person or business that conducts business in
30California, and that owns or licenses computerized data that
31includes personal information, shall disclose a breach of the
32security of the system following discovery or notification of the
33breach in the security of the data to a resident of California whose
34unencrypted personal information was, or is reasonably believed
35to have been, acquired by an unauthorized person. The disclosure
36shall be made in the most expedient time possible and without
37unreasonable delay, consistent with the legitimate needs of law
38enforcement, as provided in subdivision (c), or any measures
39necessary to determine the scope of the breach and restore the
40reasonable integrity of the data system.

P39   1(b) A person or business that maintains computerized data that
2includes personal information that the person or business does not
3own shall notify the owner or licensee of the information of the
4breach of the security of the data immediately following discovery,
5if the personal information was, or is reasonably believed to have
6been, acquired by an unauthorized person.

7(c) The notification required by this section may be delayed if
8a law enforcement agency determines that the notification will
9impede a criminal investigation. The notification required by this
10section shall be made promptly after the law enforcement agency
11determines that it will not compromise the investigation.

12(d) A person or business that is required to issue a security
13breach notification pursuant to this section shall meet all of the
14following requirements:

15(1) The security breach notification shall be written in plain
16language, shall be titled “Notice of Data Breach,” and shall present
17the information described in paragraph (2) under the following
18headings: “What Happened,” “What Information Was Involved,”
19“What We Are Doing,” “What You Can Do,” and “For More
20Information.” Additional information may be provided as a
21supplement to the notice.

22(A) The format of the notice shall be designed to call attention
23to the nature and significance of the information it contains.

24(B) The title and headings in the notice shall be clearly and
25conspicuously displayed.

26(C) The text of the notice and any other notice provided pursuant
27to this section shall be no smaller than 10-point type.

28(D) For a written notice described in paragraph (1) of
29 subdivision (j), use of the model security breach notification form
30prescribed below or use of the headings described in this paragraph
31with the information described in paragraph (2), written in plain
32language, shall be deemed to be in compliance with this
33subdivision.


34

 

[NAME OF INSTITUTION / LOGO]     Date: [insert date]

NOTICE OF DATA BREACH



Whatbegin delete Happened?end deletebegin insert Happenedend insert




 
 


What Information Wasbegin delete Involved?end deletebegin insert Involvedend insert




 


What We Arebegin delete Doing.end deletebegin insert Doingend insert




 


What You Canbegin delete Do.end deletebegin insert Doend insert




 
 

Other Importantbegin delete Information.end deletebegin insert Informationend insert

[insert other important information]










For Morebegin delete Information.end deletebegin insert Informationend insert



Call [telephone number] or go to [Internet Web site]

P41   56

 


7(E) For an electronic notice described in paragraph (2) of
8subdivision (j), use of the headings described in this paragraph
9with the information described in paragraph (2), written in plain
10language, shall be deemed to be in compliance with this
11subdivision.

12(2) The security breach notification described in paragraph (1)
13shall include, at a minimum, the following information:

14(A) The name and contact information of the reporting person
15or business subject to this section.

16(B) A list of the types of personal information that were or are
17reasonably believed to have been the subject of a breach.

18(C) If the information is possible to determine at the time the
19notice is provided,begin delete thenend delete any of the following:begin delete (i) theend delete

20begin insert(i)end insertbegin insertend insertbegin insertTheend insert date of thebegin delete breach, (ii) theend deletebegin insert breach.end insert

21begin insert(ii)end insertbegin insertend insertbegin insertTheend insert estimated date of thebegin delete breach, or (iii) theend deletebegin insert breach.end insert

22begin insert(iii)end insertbegin insertend insertbegin insertTheend insert date range within which the breach occurred.begin delete The
23notification shall also include the date of the notice.end delete

begin insert

24(D) The date of notice.

end insert
begin delete

25(D)

end delete

26begin insert(E)end insert Whether notification was delayed as a result of a law
27enforcement investigation, if that information is possible to
28determine at the time the notice is provided.

begin delete

29(E)

end delete

30begin insert(F)end insert A general description of the breach incident, if that
31information is possible to determine at the time the notice is
32provided.

begin delete

33(F)

end delete

34begin insert(G)end insert The toll-free telephone numbers and addresses of the major
35credit reporting agencies if the breach exposed a social security
36number or a driver’s license or California identification card
37number.

begin delete

38(G)

end delete

P42   1begin insert(H)end insert If the person or business providing the notification was the
2source of the breach, an offer to provide appropriate identity theft
3prevention and mitigation services, if any, shall be provided at no
4cost to the affected person for not less than 12 months along with
5all information necessary to take advantage of the offer to any
6person whose information was or may have been breached if the
7breach exposed or may have exposed personal information defined
8in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).

9(3) At the discretion of the person or business, the security
10breach notification may also include any of the following:

11(A) Information about what the person or business has done to
12protect individuals whose information has been breached.

13(B) Advice on steps that the person whose information has been
14breached may take to protect himself or herself.

15(e) A covered entity under the federal Health Insurance
16Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d
17et seq.) will be deemed to have complied with the notice
18requirements in subdivision (d) if it has complied completely with
19Section 13402(f) of the federal Health Information Technology
20for Economic and Clinical Health Act (Public Law 111-5).
21begin delete However, nothing in this end deletebegin insertThis end insertsubdivision shallbegin insert notend insert be construed
22to exempt a covered entity from any other provision of this section.

23(f) A person or business that is required to issue a security breach
24notification pursuant to this section to more than 500 California
25residents as a result of a single breach of the security system shall
26electronically submit a single sample copy ofbegin delete thatend deletebegin insert theend insert security
27breach notification, excluding any personally identifiable
28information, to the Attorney General. A single sample copy ofbegin delete aend delete
29begin insert theend insert security breach notification shall not be deemed to be within
30subdivision (f) of Section 6254 of the Government Code.

31(g) For purposes of this section, “breach of the security of the
32system” means unauthorized acquisition of computerized data that
33compromises the security, confidentiality, or integrity of personal
34information maintained by the person or business. Good faith
35acquisition of personal information by an employee or agent of
36the person or business for the purposes of the person or business
37is not a breach of the security of the system,begin delete provided thatend deletebegin insert ifend insert the
38personal information is not used or subject to further unauthorized
39disclosure.

P43   1(h) For purposes of this section, “personal information” means
2either of the following:

3(1) An individual’s first name or first initial and last name in
4combination with any one or more of the following data elements,
5begin delete whenend deletebegin insert ifend insert either the name or the data elements are not encrypted:

6(A) Social security number.

7(B) Driver’s license number or California identification card
8number.

9(C) Account number, credit or debit card number, in
10combination with any required security code, access code, or
11password that would permit access to an individual’s financial
12account.

13(D) Medical information.

14(E) Health insurance information.

15(F) Information or data collected through the use or operation
16of an automated license plate recognition system, as defined in
17Section 1798.90.5.

18(2) A user name or email address, in combination with a
19password or security question and answer that would permit access
20to an online account.

21(i) (1) For purposes of this section, “personal information” does
22not include publicly available information that is lawfully made
23available to the general public from federal, state, or local
24government records.

25(2) For purposes of this section, “medical information” means
26any information regarding an individual’s medical history, mental
27or physical condition, or medical treatment or diagnosis by a health
28care professional.

29(3) For purposes of this section, “health insurance information”
30means an individual’s health insurance policy number or subscriber
31identification number,begin delete anyend deletebegin insert aend insert unique identifier used by a health
32insurer to identify the individual, orbegin delete anyend delete information in an
33individual’s application and claims history, including any appeals
34records.

35(4) For purposes of this section, “encrypted” means rendered
36unusable, unreadable, or indecipherable to an unauthorized person
37through a security technology or methodology generally accepted
38in the field of information security.

39(j) For purposes of this section, “notice” may be provided by
40one of the following methods:

P44   1(1) Written notice.

2(2) Electronic notice, if the notice provided is consistent with
3the provisions regarding electronic records and signatures set forth
4in Section 7001 of Title 15 of the United States Code.

5(3) Substitute notice, if the person or business demonstrates that
6the cost of providing notice would exceed two hundred fifty
7thousand dollars ($250,000),begin delete orend delete that the affected class of subject
8persons to be notified exceeds 500,000, or the person or business
9does not have sufficient contact information. Substitute notice
10shall consist of all of the following:

11(A) Email notice when the person or business has an email
12address for the subject persons.

13(B) Conspicuous posting, for a minimum of 30 days, of the
14notice on the Internet Web sitebegin delete pageend delete of the person or business, if
15the person or business maintains one. For purposes of this
16subparagraph, conspicuous posting on the person’s or business’s
17Internet Web site means providing a link to the notice on the home
18page or first significant page after entering the Internet Web site
19that is in larger type than the surrounding text,begin delete orend delete in contrasting
20type, font, or color to the surrounding text of the same size, or set
21off from the surrounding text of the same size by symbols or other
22marks that call attention to the link.

23(C) Notification to major statewide media.

24(4) In the case of a breach of the security of the system involving
25personal information defined in paragraph (2) of subdivision (h)
26for an online account, and no other personal information defined
27in paragraph (1) of subdivision (h), the person or business may
28comply with this section by providing the security breach
29notification in electronic or other form that directs the person whose
30personal information has been breached promptly to change his
31or her password and security question or answer, as applicable, or
32to take other steps appropriate to protect the online account with
33the person or business and all other online accounts for which the
34person whose personal information has been breached uses the
35same user name or email address and password or security question
36or answer.

37(5) In the case of a breach of the security of the system involving
38personal information defined in paragraph (2) of subdivision (h)
39for login credentials of an email account furnished by the person
40or business, the person or business shall not comply with this
P45   1section by providing the security breach notification to that email
2address, but may, instead, comply with this section by providing
3notice by another method described in this subdivision or by clear
4and conspicuous notice delivered to the resident onlinebegin delete whenend deletebegin insert ifend insert
5 the resident is connected to the online account from an Internet
6Protocol address or online location from which the person or
7business knows the resident customarily accesses the account.

8(k) Notwithstanding subdivision (j), a person or business that
9maintains its own notification procedures as part of an information
10security policy for the treatment of personal information and is
11otherwise consistent with the timing requirements of this part, shall
12be deemed to be in compliance with the notification requirements
13of this section if the person or business notifies subject persons in
14accordance with its policies in the event of a breach of security of
15the system.

16

SEC. 22.  

Section 437c of the Code of Civil Procedure is
17amended to read:

18

437c.  

(a) (1) A party may move for summary judgment in
19begin delete anyend deletebegin insert anend insert action or proceeding if it is contended that the action has
20no merit or that there is no defense to the action or proceeding.
21The motion may be made at any time after 60 days have elapsed
22since the general appearance in the action or proceeding of each
23party against whom the motion is directed or at any earlier time
24after the general appearance that the court, with or without notice
25and upon good cause shown, may direct.

26(2) Notice of the motion and supporting papers shall be served
27on all other parties to the action at least 75 days before the time
28appointed for hearing.begin delete However, ifend deletebegin insert Ifend insert the notice is served by mail,
29the required 75-day period of notice shall be increased by 5 days
30if the place of address is within the State of California, 10 days if
31the place of address is outside the State of California but within
32the United States, and 20 days if the place of address is outside
33thebegin delete United States, and ifend deletebegin insert United States. Ifend insert the notice is served by
34facsimile transmission, express mail, or another method of delivery
35providing for overnight delivery, the required 75-day period of
36notice shall be increased by two court days.

37(3) The motion shall be heard no later than 30 days before the
38date of trial, unless the court for good cause orders otherwise. The
39filing of the motion shall not extend the time within which a party
40must otherwise file a responsive pleading.

P46   1(b) (1) The motion shall be supported by affidavits, declarations,
2admissions, answers to interrogatories, depositions, and matters
3of which judicial notice shall or may be taken. The supporting
4papers shall include a separate statement setting forth plainly and
5concisely all material facts that the moving party contends are
6undisputed. Each of the material facts stated shall be followed by
7a reference to the supporting evidence. The failure to comply with
8this requirement of a separate statement may in the court’s
9discretion constitute a sufficient ground forbegin delete denial ofend deletebegin insert denyingend insert the
10motion.

11(2) An opposition to the motion shall be served and filed not
12less than 14 days preceding the noticed or continued date of
13hearing, unless the court for good cause orders otherwise. The
14opposition, where appropriate, shall consist of affidavits,
15declarations, admissions, answers to interrogatories, depositions,
16and matters of which judicial notice shall or may be taken.

17(3) The opposition papers shall include a separate statement
18that responds to each of the material facts contended by the moving
19party to be undisputed, indicatingbegin delete whetherend deletebegin insert ifend insert the opposing party
20agrees or disagrees that those facts are undisputed. The statement
21also shall set forth plainly and concisely any other material facts
22begin delete thatend delete the opposing party contends are disputed. Each material fact
23contended by the opposing party to be disputed shall be followed
24by a reference to the supporting evidence. Failure to comply with
25this requirement of a separate statement may constitute a sufficient
26ground, in the court’s discretion, for granting the motion.

27(4) A reply to the opposition shall be served and filed by the
28moving party not less than five days preceding the noticed or
29continued date of hearing, unless the court for good cause orders
30otherwise.

31(5) Evidentiary objections not made at the hearing shall be
32deemed waived.

33(6) Except for subdivision (c) of Section 1005 relating to the
34method of service of opposition and reply papers, Sections 1005
35and 1013, extending the time within which a right may be exercised
36or an act may be done, do not apply to this section.

37(7) begin deleteA end deletebegin insertAn end insertincorporation by reference of a matter in the court’s
38file shall set forth with specificity the exact matter to which
39reference is being made and shall not incorporate the entire file.

P47   1(c) The motion for summary judgment shall be granted if all
2the papers submitted show that there is no triable issue as to any
3material fact and that the moving party is entitled to a judgment
4as a matter of law. In determiningbegin delete whetherend deletebegin insert ifend insert the papers show that
5there is no triable issue as to any materialbegin delete factend deletebegin insert fact,end insert the court shall
6consider all of the evidence set forth in the papers, exceptbegin delete thatend deletebegin insert the
7evidenceend insert
to which objections have been made and sustained by
8the court, and all inferences reasonably deducible from the
9evidence, except summary judgmentbegin delete mayend deletebegin insert shallend insert not be granted by
10the court based on inferences reasonably deducible from the
11evidence if contradicted by other inferences or evidence that raise
12a triable issue as to any material fact.

13(d) Supporting and opposing affidavits or declarations shall be
14made by a person on personal knowledge, shall set forth admissible
15evidence, and shall show affirmatively that the affiant is competent
16to testify to the matters stated in the affidavits or declarations. An
17objection based on the failure to comply with the requirements of
18this subdivision, if not made at the hearing, shall be deemed
19waived.

20(e) If a party is otherwise entitled tobegin delete aend delete summary judgment
21pursuant to this section, summary judgmentbegin delete mayend deletebegin insert shallend insert not be
22denied on grounds of credibility or for want of cross-examination
23of witnesses furnishing affidavits or declarations in support of the
24summary judgment, except that summary judgment may be denied
25in the discretion of the court if the only proof of a material fact
26offered in support of the summary judgment is an affidavit or
27declaration made by an individual who was the sole witness to that
28fact; or if a material fact is an individual’s state of mind, or lack
29thereof, and that fact is sought to be established solely by the
30individual’s affirmation thereof.

31(f) (1) A party may move for summary adjudication as to one
32or more causes of action within an action, one or more affirmative
33defenses, one or more claims for damages, or one or more issues
34of duty, ifbegin delete thatend deletebegin insert theend insert party contends that the cause of action has no
35begin delete merit orend deletebegin insert merit,end insert that there is no affirmative defensebegin delete thereto, orend deletebegin insert to
36the cause of action,end insert
that there is no merit to an affirmative defense
37as to any cause of action,begin delete or both, orend delete that there is no merit to a
38claim for damages, as specified in Section 3294 of the Civil Code,
39or that one or more defendants either owed or did not owe a duty
40to the plaintiff or plaintiffs. A motion for summary adjudication
P48   1shall be granted only if it completely disposes of a cause of action,
2an affirmative defense, a claim for damages, or an issue of duty.

3(2) A motion for summary adjudication may be made by itself
4or as an alternative to a motion for summary judgment and shall
5proceed in all procedural respects as a motion for summary
6judgment.begin delete However, a party mayend deletebegin insert A party shallend insert not move for
7summary judgment based on issues asserted in a prior motion for
8summary adjudication and denied by the court unless that party
9establishes, to the satisfaction of the court, newly discovered facts
10or circumstances or a change of law supporting the issues reasserted
11in the summary judgment motion.

12(g) Upon the denial of a motion for summary judgment on the
13ground that there is a triable issue as to one or more material facts,
14the court shall, by written or oral order, specify one or more
15material facts raised by the motionbegin delete as to whichend deletebegin insert thatend insert the court has
16determined there exists a triable controversy. This determination
17shall specifically refer to the evidence proffered in support of and
18in opposition to the motion that indicates that a triable controversy
19exists. Upon the grant of a motion for summary judgment on the
20ground that there is no triable issue of material fact, the court shall,
21by written or oral order, specify the reasons for its determination.
22The order shall specifically refer to the evidence proffered in
23support of and, if applicable, in opposition to the motionbegin delete whichend delete
24begin insert thatend insert indicatesbegin delete thatend delete no triable issue exists. The court shall also state
25its reasons for any other determination. The court shall record its
26determination by court reporter or written order.

27(h) If it appears from the affidavits submitted in opposition to
28a motion for summary judgment or summarybegin delete adjudicationend delete
29begin insert adjudication,end insert orbegin delete bothend deletebegin insert both,end insert that facts essential to justify opposition
30may exist but cannot, for reasons stated,begin delete thenend delete be presented, the
31court shall deny the motion, order a continuance to permit affidavits
32to be obtained or discovery to be had, or make any other order as
33may be just. The application to continue the motion to obtain
34necessary discovery may also be made by ex parte motion at any
35time on or before the date the opposition response to the motion
36is due.

37(i) If, after granting a continuance to allow specified additional
38discovery, the court determines that the party seeking summary
39judgment has unreasonably failed to allow the discovery to be
40conducted, the court shall grant a continuance to permit the
P49   1discovery to go forward or deny the motion for summary judgment
2or summary adjudication. This section does not affect or limit the
3 ability of a party to compel discovery under the Civil Discovery
4Act (Title 4 (commencing with Section 2016.010) of Part 4).

5(j) If the court determines at any time that an affidavit was
6presented in bad faith or solely for the purpose of delay, the court
7shall order the party who presented the affidavit to pay the other
8party the amount of the reasonable expensesbegin delete thatend delete the filing of the
9affidavit caused the other party to incur. Sanctions shall not be
10imposed pursuant to this subdivision except on notice contained
11in a party’s papers or on the court’s own noticed motion, and after
12an opportunity to be heard.

13(k) Unless a separate judgment may properly be awarded in the
14action, a final judgment shall not be entered on a motion for
15summary judgment before the termination of the action, but the
16final judgment shall, in addition to any matters determined in the
17action, award judgment as established by the summary proceeding
18begin delete hereinend delete providedbegin delete for.end deletebegin insert for in this section.end insert

19(l) In an action arising out of an injury to the person or to
20property, if a motion for summary judgment is granted on the basis
21that the defendant was without fault, no other defendant during
22trial, over plaintiff’s objection, may attempt to attribute faultbegin delete toend delete
23begin insert to,end insert or commentbegin delete onend deletebegin insert on,end insert the absence or involvement of the defendant
24who was granted the motion.

25(m) (1) A summary judgment entered under this section is an
26appealable judgment as in other cases. Upon entry of an order
27pursuant to this section, except the entry of summary judgment, a
28party may, within 20 days after service upon him or her of a written
29notice of entry of the order, petition an appropriate reviewing court
30for a peremptory writ. If the notice is served by mail, the initial
31period within which to file the petition shall be increased by five
32days if the place of address is within the State of California, 10
33days if the place of address is outside the State of California but
34within the United States, and 20 days if the place of address is
35outside the United States. If the notice is served by facsimile
36transmission, expressbegin delete mailend deletebegin insert mail,end insert or another method of delivery
37providing for overnight delivery, the initial period within which
38to file the petition shall be increased by two court days. The
39superior court may, for good cause, andbegin delete prior toend deletebegin insert beforeend insert the
P50   1expiration of the initial period, extend the time for one additional
2period not to exceed 10 days.

3(2) Before a reviewing court affirms an order granting summary
4judgment or summary adjudication on a ground not relied upon
5by the trial court, the reviewing court shall afford the parties an
6opportunity to present their views on the issue by submitting
7supplemental briefs. The supplementalbegin delete briefingend deletebegin insert briefsend insert may include
8an argument that additional evidence relating to that ground exists,
9butbegin delete thatend delete the party has not had an adequate opportunity to present
10the evidence or to conduct discovery on the issue. The court may
11reverse or remand based upon the supplementalbegin delete briefingend deletebegin insert briefsend insert to
12allow the parties to present additional evidence or to conduct
13discovery on the issue. If the court fails to allow supplemental
14begin delete briefing,end deletebegin insert briefs,end insert a rehearing shall be ordered upon timely petition
15of a party.

16(n) (1) If a motion for summary adjudication is granted, at the
17trial of the action, the cause or causes of action within the action,
18affirmative defense or defenses, claim for damages, or issue or
19issues of duty as to the motionbegin delete whichend deletebegin insert thatend insert has been granted shall
20be deemed to be established and the action shall proceed as to the
21cause or causes of action, affirmative defense or defenses, claim
22for damages, or issue or issues of duty remaining.

23(2) In the trial of the action, the fact that a motion for summary
24adjudication is granted as to one or more causes of action,
25affirmative defenses, claims for damages, or issues of duty within
26the action shall notbegin delete operate toend delete bar any cause of action, affirmative
27defense, claim for damages, or issue of duty as to which summary
28adjudication was either not sought or denied.

29(3) In the trial of an action, neither a party, a witness, nor the
30court shall comment to a jury upon the grant or denial of a motion
31for summary adjudication.

32(o) A cause of action has no merit if either of the following
33exists:

34(1) One or more of the elements of the cause of action cannot
35be separately established, even if that element is separately pleaded.

36(2) A defendant establishes an affirmative defense to that cause
37of action.

38(p) For purposes of motions for summary judgment and
39summary adjudication:

P51   1(1) A plaintiff or cross-complainant has met his or her burden
2of showing that there is no defense to a cause of action if that party
3has proved each element of the cause of action entitling the party
4to judgment onbegin delete thatend deletebegin insert theend insert cause of action. Once the plaintiff or
5cross-complainant has met that burden, the burden shifts to the
6defendant or cross-defendant to show that a triable issue of one or
7more material facts exists as tobegin delete thatend deletebegin insert theend insert cause of action or a defense
8thereto. The defendant or cross-defendant shall not rely upon the
9begin delete mereend delete allegations or denials of its pleadings to show that a triable
10issue of material fact exists but, instead, shall set forth the specific
11facts showing that a triable issue of material fact exists as tobegin delete thatend delete
12begin insert theend insert cause of action or a defense thereto.

13(2) A defendant or cross-defendant has met his or her burden
14of showing that a cause of action has no merit ifbegin delete thatend deletebegin insert theend insert party has
15shown that one or more elements of the cause of action, even if
16not separately pleaded, cannot be established, or that there is a
17complete defense tobegin delete thatend deletebegin insert theend insert cause of action. Once the defendant
18or cross-defendant has met that burden, the burden shifts to the
19plaintiff or cross-complainant to show that a triable issue of one
20or more material facts exists as tobegin delete thatend deletebegin insert theend insert cause of action or a
21defense thereto. The plaintiff or cross-complainant shall not rely
22upon thebegin delete mereend delete allegations or denials of its pleadings to show that
23a triable issue of material fact exists but, instead, shall set forth
24the specific facts showing that a triable issue of material fact exists
25as tobegin delete thatend deletebegin insert theend insert cause of action or a defense thereto.

26(q) In granting or denying a motion for summary judgment or
27summary adjudication, the court need rule only on those objections
28to evidence that it deems material to its disposition of the motion.
29Objections to evidence that are not ruled on for purposes of the
30motion shall be preserved for appellate review.

31(r) This section does not extend the period for trial provided by
32Section 1170.5.

33(s) Subdivisions (a) and (b) do not apply to actions brought
34pursuant to Chapter 4 (commencing with Section 1159) of Title 3
35of Part 3.

36(t) Notwithstanding subdivision (f), a party may move for
37summary adjudication of a legal issue or a claim for damages other
38than punitive damages that does not completely dispose of a cause
39of action, affirmative defense, or issue of duty pursuant to this
40subdivision.

P52   1(1) (A) Before filing a motion pursuant to this subdivision, the
2parties whose claims or defenses are put at issue by the motion
3shall submit to the court both of the following:

4(i) A joint stipulation stating the issue or issues to be adjudicated.

5(ii) A declaration from each stipulating party that the motion
6will further the interest of judicial economy by decreasing trial
7time or significantly increasing the likelihood of settlement.

8(B) The joint stipulation shall be served on any party to the civil
9action who is not also a party to the motion.

10(2) Within 15 days of receipt of the stipulation and declarations,
11unless the court has good cause for extending the time, the court
12shall notify the stipulating partiesbegin delete as to whetherend deletebegin insert ifend insert the motion may
13be filed. In making this determination, the court may consider
14objections by a nonstipulating party made within 10 days of the
15submission of thebegin delete stipulation.end deletebegin insert stipulation and declarations.end insert

16(3) If the court elects not to allow the filing of the motion, the
17stipulating parties may request, and upon request the court shall
18conduct, an informal conference with the stipulating parties to
19permit further evaluation of the proposedbegin delete stipulation; however,
20theend delete
begin insert stipulation. Theend insert stipulating parties shall not file additional
21papers in support of the motion.

22(4) (A) A motion for summary adjudication made pursuant to
23this subdivision shall contain a statement in the notice of motion
24that reads substantially similar to the following: “This motion is
25made pursuant to subdivision (t) of Section 437c of the Code of
26Civil Procedure. The parties to this motion stipulate that the court
27shall hear this motion and that the resolution of this motion will
28further the interest of judicial economy by decreasing trial time or
29significantly increasing the likelihood of settlement.”

30(B) The notice of motion shall be signed by counsel for all
31parties, and by those parties in propria persona, to the motion.

32(5) A motion filed pursuant to this subdivision may be made by
33itself or as an alternative to a motion for summary judgment and
34shall proceed in all procedural respects as a motion for summary
35judgment.

36(u) For purposes of this section, a change in law does not include
37a later enacted statute without retroactive application.

38

SEC. 23.  

Section 472a of the Code of Civil Procedure, as added
39by Section 5 of Chapter 418 of the Statutes of 2015, is amended
40to read:

P53   1

472a.  

(a) A demurrer is not waived by an answer filed at the
2same time.

3(b) Except as otherwise provided by rule adopted by the Judicial
4Council, if a demurrer to a complaint or to a cross-complaint is
5overruled andbegin delete there is noend deletebegin insert anend insert answerbegin insert is notend insert filed, the court shall
6allow an answer to be filed upon such terms as may be just. If a
7demurrer to the answer is overruled, the action shall proceed as if
8no demurrer had been interposed, and the facts alleged in the
9answer shall be considered as denied to the extent mentioned in
10Section 431.20.

11(c) begin deleteSubject to the limitations imposed by subdivision (e) of
12Section 430.41, if end delete
begin insertIf end inserta demurrer is sustained, the court may grant
13leave to amend the pleading upon any terms as may be just and
14shall fix the time within which the amendment or amended pleading
15shall be filed. If a demurrer is stricken pursuant to Section 436 and
16begin delete there isend delete no answerbegin insert isend insert filed, the court shall allow an answer to be
17filed on terms that are just.

18(d) If a motion to strike is granted pursuant to Section 436, the
19court may order that an amendment or amended pleading be filed
20upon terms it deems proper. If a motion to strike a complaint or
21cross-complaint, or portion thereof, is denied, the court shall allow
22the party filing the motion to strike to file an answer.

23(e) If a motion to dismiss an action pursuant to Article 2
24(commencing with Section 583.210) of Chapter 1.5 of Title 8 is
25denied, the court shall allow a pleading to be filed.

26(f) This section shall become operative on January 1, 2021.

27

SEC. 24.  

Section 527.6 of the Code of Civil Procedure is
28amended to read:

29

527.6.  

(a) (1) A person who has suffered harassment as
30defined in subdivision (b) may seek a temporary restraining order
31and an order after hearing prohibiting harassment as provided in
32this section.

33(2) A minor, under 12 years of age, accompanied by a duly
34appointed and acting guardian ad litem, shall be permitted to appear
35in court without counsel for the limited purpose of requesting or
36opposing a request for a temporary restraining order or order after
37begin delete hearingend deletebegin insert hearing,end insert or both, under this section as provided in Section
38374.

39(b) For purposes of this section:

P54   1(1) “Course of conduct” is a pattern of conduct composed of a
2series of acts over a period of time, however short, evidencing a
3continuity of purpose, including following or stalking an individual,
4making harassing telephone calls to an individual, or sending
5harassing correspondence to an individual by any means, including,
6but not limited to, the use of public or private mails, interoffice
7mail, facsimile, orbegin delete computerend delete email. Constitutionally protected
8activity is not included within the meaning of “course of conduct.”

9(2) “Credible threat of violence” is a knowing and willful
10statement or course of conduct that would place a reasonable person
11in fear for his or herbegin delete safety,end deletebegin insert safetyend insert or the safety of his or her
12immediate family, and that serves no legitimate purpose.

13(3) “Harassment” is unlawful violence, a credible threat of
14violence, or a knowing and willful course of conduct directed at
15a specific person that seriously alarms, annoys, or harasses the
16person, and that serves no legitimate purpose. The course of
17conduct must bebegin delete such asend deletebegin insert that whichend insert would cause a reasonable
18person to suffer substantial emotional distress, and must actually
19cause substantial emotional distress to the petitioner.

20(4) “Petitioner” means the person to be protected by the
21temporary restraining order and order after hearing and, if the court
22grants the petition, the protected person.

23(5) “Respondent” means the person against whom the temporary
24restraining order and order after hearing are sought and, if the
25petition is granted, the restrained person.

26(6) “Temporary restraining order” and “order after hearing”
27mean orders that include any of the following restraining orders,
28whether issued ex parte or after notice and hearing:

29(A) An order enjoining a party from harassing, intimidating,
30molesting, attacking, striking, stalking, threatening, sexually
31assaulting, battering, abusing, telephoning, including, but not
32limited to, making annoying telephone calls, as described in Section
33653m of the Penal Code, destroying personal property, contacting,
34either directly or indirectly, by mail or otherwise, or coming within
35a specified distance of, or disturbing the peace of, the petitioner.
36On a showing of good cause, in an order issued pursuant to this
37subparagraph in connection with an animal owned, possessed,
38leased, kept, or held by the petitioner, or residing in the residence
39or household of the petitioner, the court may do either or both of
40the following:

P55   1(i) Grant the petitioner exclusive care, possession, or control of
2the animal.

3(ii) Order the respondent to stay away from the animal and
4refrain from taking, transferring, encumbering, concealing,
5molesting, attacking, striking, threatening, harming, or otherwise
6disposing of the animal.

7(B) An order enjoining a party from specified behavior that the
8court determines is necessary to effectuate orders described in
9subparagraph (A).

10(7) “Unlawful violence” is any assault or battery, or stalking as
11prohibited in Section 646.9 of the Penal Code, butbegin delete shallend deletebegin insert doesend insert not
12include lawful acts of self-defense or defense of others.

13(c) In the discretion of the court, on a showing of good cause,
14a temporary restraining order or order after hearing issued under
15this section may include other named family or household
16members.

17(d) Upon filing a petition for orders under this section, the
18petitioner may obtain a temporary restraining order in accordance
19with Section 527, except to the extent this section providesbegin delete a rule
20that is inconsistent.end delete
begin insert an inconsistent rule.end insert The temporary restraining
21order may include any of the restraining orders described in
22paragraph (6) of subdivision (b). A temporary restraining order
23may be issued with or without notice, based on a declaration that,
24to the satisfaction of the court, shows reasonable proof of
25harassment of the petitioner by the respondent, and that great or
26irreparable harm would result to the petitioner.

27(e) A request for the issuance of a temporary restraining order
28without notice under this section shall be granted or denied on the
29same day that the petition is submitted to thebegin delete court, unlessend deletebegin insert court.
30Ifend insert
the petition is filed too late in the day to permit effective review,
31begin delete in which caseend delete the order shall be granted or denied on the next day
32of judicial business in sufficient time for the order to be filed that
33day with the clerk of the court.

34(f) A temporary restraining order issued under this section shall
35remain in effect, at the court’s discretion, for a period not to exceed
3621 days, or, if the court extends the time for hearing under
37subdivision (g), not to exceed 25 days, unless otherwise modified
38or terminated by the court.

39(g) Within 21 days, or, if good cause appears to the court, 25
40days from the date that a petition for a temporary order is granted
P56   1or denied, a hearing shall be held on the petition. Ifbegin delete no request for
2temporary orders isend delete
begin insert a request for a temporary order is notend insert made,
3the hearing shall be held within 21 days, or, if good cause appears
4to the court, 25 days, from the date that the petition is filed.

5(h) The respondent may file a response that explains, excuses,
6justifies, or denies the allegedbegin delete harassmentend deletebegin insert harassment,end insert or may file
7a cross-petition under this section.

8(i) At the hearing, the judge shall receive any testimony that is
9relevant, and may make an independent inquiry. If the judge finds
10by clear and convincing evidence that unlawful harassment exists,
11an order shall issue prohibiting the harassment.

12(j) (1) In the discretion of the court, an order issued after notice
13and hearing under this section may have a duration ofbegin delete notend deletebegin insert noend insert more
14than five years, subject to termination or modification by further
15order of the court either on written stipulation filed with the court
16or on the motion of a party. The order may be renewed, upon the
17request of a party, for a duration ofbegin delete notend deletebegin insert noend insert more than five additional
18years, without a showing of any further harassment since the
19issuance of the original order, subject to termination or
20modification by further order of the court either on written
21stipulation filed with the court or on the motion of a party. A
22request for renewal may be broughtbegin delete atend delete any time within the three
23months before thebegin delete expiration of the order.end deletebegin insert order expires.end insert

24(2) The failure to state the expiration date on the face of the
25form creates an order with a duration of three years from the date
26of issuance.

27(3) If an action is filed for the purpose of terminating or
28modifying a protective orderbegin delete prior toend deletebegin insert beforeend insert the expiration date
29specified in the order by a party other than the protected party, the
30party who is protected by the order shall be given notice, pursuant
31to subdivision (b) of Section 1005, of the proceeding by personal
32service or, if the protected party has satisfied the requirements of
33Chapter 3.1 (commencing with Section 6205) of Division 7 of
34Title 1 of the Government Code, by service on the Secretary of
35State. If the party who is protected by the order cannot be notified
36begin delete prior toend deletebegin insert beforeend insert the hearing for modification or termination of the
37protective order, the court shall deny the motion to modify or
38terminate the order without prejudice or continue the hearing until
39the party who is protected can be properly noticed and may, upon
40a showing of good cause, specify another method for service of
P57   1process that is reasonably designed to afford actual notice to the
2protected party. The protected party may waive his or her right to
3notice if he or she is physically present in court and does not
4challenge the sufficiency of the notice.

5(k) This section does not preclude either party from
6representation by private counsel or from appearing on the party’s
7own behalf.

8(l) In a proceeding under this section, if there are allegations of
9unlawful violence or credible threats of violence, a support person
10may accompany a party in court and, if the party is not represented
11by an attorney, may sit with the party at the table that is generally
12reserved for the party and the party’s attorney. The support person
13is present to provide moral and emotional support for a person
14who alleges he or she is a victim of violence. The support person
15is not present as a legal adviser and may not provide legal advice.
16The support person may assist the person who alleges he or she is
17a victim of violence in feeling more confident that he or she will
18not be injured or threatened by the other party during the
19proceedings if the person who alleges he or she is a victim of
20violence and the other party are required to be present in close
21proximity. This subdivision does not preclude the court from
22exercising its discretion to remove the support person from the
23courtroom if the court believes the support person is prompting,
24swaying, or influencing the party assisted by the support person.

25(m) Upon the filing of a petition under this section, the
26respondent shall be personally served with a copy of the petition,
27temporary restraining order, if any, and notice of hearing of the
28petition. Service shall be made at least five days before the hearing.
29The court may for good cause, on motion of the petitioner or on
30its own motion, shorten the time for service on the respondent.

31(n) A notice of hearing under this section shall notify the
32respondent that if he or she does not attend the hearing, the court
33may make orders against him or her that could last up to five years.

34(o) The respondent shall be entitled, as a matter of course, to
35one continuance, for a reasonable period, to respond to the petition.

36(p) (1) Either party may request a continuance of the hearing,
37which the court shall grant on a showing of good cause. The request
38may be made in writing before or at thebegin delete hearingend deletebegin insert hearing,end insert or orally
39at the hearing. The court may also grant a continuance on its own
40motion.

P58   1(2) If the court grants a continuance, any temporary restraining
2order that has been granted shall remain in effect until the end of
3the continued hearing, unless otherwise ordered by the court. In
4granting a continuance, the court may modify or terminate a
5temporary restraining order.

6(q) (1) If abegin delete respondent,end deletebegin insert respondentend insert named in a restraining order
7issued after abegin delete hearing,end deletebegin insert hearingend insert has not been served personally with
8the order but has received actual notice of the existence and
9substance of the order through personal appearance in court to
10hear the terms of the order from the court,begin delete noend delete additional proof of
11service isbegin insert notend insert required for enforcement of the order.

12(2) If the respondent named in a temporary restraining order is
13personally served with the order and notice of hearing with respect
14to a restraining order or protective order based on the temporary
15restraining order, but the respondent does not appear at the hearing,
16either personally or by an attorney, and the terms and conditions
17of the restraining order or protective order issued at the hearing
18are identical to the temporary restraining order, except for the
19duration of the order,begin delete thenend delete the restraining order or protective order
20issued at the hearing may be served on the respondent by first-class
21mail sent to the respondent at the most current address for the
22respondent available to the court.

23(3) The Judicial Council form for temporary orders issued
24pursuant to this subdivision shall contain a statement in
25substantially the following form:


27“If you have been personally served with this temporary
28restraining order and notice of hearing, but you do not appear at
29the hearing either in person or by a lawyer, and a restraining order
30that is the same as this temporary restraining order except for the
31expiration date is issued at the hearing, a copy of the restraining
32order will be served on you by mail at the following address: ____.

33If that address is not correct or you wish to verify that the
34 temporary restraining order was converted to a restraining order
35at the hearing without substantive change and to find out the
36duration of that order, contact the clerk of the court.”


38(r) (1) Information on a temporary restraining order or order
39after hearing relating to civil harassment issued by a court pursuant
P59   1to this section shall be transmitted to the Department of Justice in
2accordance with either paragraph (2) or (3).

3(2) The court shall order the petitioner or the attorney for the
4petitioner to deliver a copy of an order issued under this section,
5or reissuance, extension, modification, or termination of the order,
6and any subsequent proof of service, by the close of the business
7day on which the order, reissuance, extension, modification, or
8termination was made, to a law enforcement agency having
9 jurisdiction over the residence of the petitioner and to any
10additional law enforcement agencies within the court’s discretion
11as are requested by the petitioner.

12(3) Alternatively, the court or its designee shall transmit, within
13one business day, to law enforcement personnel all information
14required under subdivision (b) of Section 6380 of the Family Code
15regarding any order issued under this section, or a reissuance,
16extension, modification, or termination of the order, and any
17subsequent proof of service, by either one of the following
18methods:

19(A) Transmitting a physical copy of the order or proof of service
20to a local law enforcement agency authorized by the Department
21of Justice to enter orders into the California Law Enforcement
22Telecommunications System (CLETS).

23(B) With the approval of the Department of Justice, entering
24the order or proof of service into CLETS directly.

25(4) Each appropriate law enforcement agency shall make
26available information as to the existence and current status ofbegin delete theseend delete
27 ordersbegin insert issued under this sectionend insert to law enforcement officers
28responding to the scene of reported harassment.

29(5) An order issued under this section shall, on request of the
30petitioner, be served on the respondent, whether or not the
31respondent has been taken into custody, by any law enforcement
32officer who is present at the scene of reported harassment involving
33the parties to the proceeding. The petitioner shall provide the
34officer with an endorsed copy of the order and a proof of service
35that the officer shall complete and send to the issuing court.

36(6) Upon receiving information at the scene of an incident of
37harassment that a protective order has been issued under this
38section, or that a person who has been taken into custody is the
39subject of an order, if the protected person cannot produce a
P60   1certified copy of the order, a law enforcement officer shall
2immediately attempt to verify the existence of the order.

3(7) If the law enforcement officer determines that a protective
4order has been issued but not served, the officer shall immediately
5notify the respondent of the terms of the order and shall at that
6time also enforce the order. Verbal notice of the terms of the order
7shall constitute service of the order and is sufficient notice forbegin delete theend delete
8 purposes of this section and forbegin delete theend delete purposes of Section 29825 of
9the Penal Code.

10(s) The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
11section may be awarded court costs and attorney’s fees, if any.

12(t) begin deleteAny willful end deletebegin insertWillful end insertdisobedience ofbegin delete anyend deletebegin insert aend insert temporary
13restraining order or order after hearing granted under this section
14is punishable pursuant to Section 273.6 of the Penal Code.

15(u) (1) A person subject to a protective order issued under this
16section shall not own, possess, purchase, receive, or attempt to
17purchase or receive a firearm or ammunition while the protective
18order is in effect.

19(2) The court shall order a person subject to a protective order
20issued under this section to relinquish any firearms he or she owns
21or possesses pursuant to Section 527.9.

22(3) begin deleteEvery end deletebegin insertA end insertperson who owns, possesses, purchases, or receives,
23or attempts to purchase or receive, a firearm or ammunition while
24the protective order is in effect is punishable pursuant to Section
2529825 of the Penal Code.

26(v) This section does not apply to any action or proceeding
27covered by Title 1.6C (commencing with Section 1788) of Part 4
28of Division 3 of the Civil Code or by Division 10 (commencing
29with Section 6200) of the Family Code. This section does not
30preclude a petitioner from using other existing civil remedies.

31(w) (1) The Judicial Council shall develop forms, instructions,
32and rules relating to matters governed by this section. The petition
33and response forms shall be simple and concise, and their use by
34parties in actions brought pursuant to this sectionbegin delete shall beend deletebegin insert isend insert
35 mandatory.

36(2) A temporary restraining order or order after hearing relating
37to civil harassment issued by a court pursuant to this section shall
38be issued on forms adopted by the Judicial Councilbegin delete of Californiaend delete
39 and that have been approved by the Department of Justice pursuant
40to subdivision (i) of Section 6380 of the Family Code. However,
P61   1the fact that an order issued by a court pursuant to this section was
2not issued on forms adopted by the Judicial Council and approved
3by the Department of Justice shall not, in and of itself, make the
4order unenforceable.

5(x) There is no filing fee for a petition that alleges that a person
6has inflicted or threatened violence against the petitioner,begin delete orend delete stalked
7the petitioner, or acted or spoken in any other manner that has
8placed the petitioner in reasonable fear of violence, and that seeks
9a protective or restraining order restrainingbegin delete stalking or future
10violenceend delete
begin insert stalking, future violence,end insert or threats of violence, inbegin delete anyend deletebegin insert anend insert
11 action brought pursuant to this section. A fee shall not be paid for
12a subpoena filed in connection with a petition alleging these acts.
13A fee shall not be paid for filing a response to a petition alleging
14these acts.

15(y) (1) Subject to paragraph (4) of subdivision (b) of Section
166103.2 of the Government Code, there shall not be a fee for the
17service of process by a sheriff or marshal of a protective or
18restraining order to be issued, if either of the following conditions
19begin delete applies:end deletebegin insert apply:end insert

20(A) The protective or restraining order issued pursuant to this
21section is based upon stalking, as prohibited by Section 646.9 of
22the Penal Code.

23(B) The protective or restraining order issued pursuant to this
24section is based upon unlawful violence or a credible threat of
25violence.

26(2) The Judicial Council shall prepare and develop forms for
27persons who wish to avail themselves of the services described in
28this subdivision.

29

SEC. 25.  

Section 765.030 of the Code of Civil Procedure is
30amended to read:

31

765.030.  

If the court determines that the lien or other
32encumbrance is in violation of Section 765.010, the court shall
33issue an order striking and releasing the lien or other encumbrance
34and may award costs and reasonable attorney’s fees to the petitioner
35to be paid by the lien or other encumbrance claimant. If the court
36determines that the lien or other encumbrance is valid, the court
37shall issue an order so stating and may award costs and reasonable
38attorney’s fees to the encumbrance claimant to be paid by the
39petitioner. The court may direct thatbegin delete suchend delete an orderbegin delete shallend deletebegin insert issued
40pursuant to this sectionend insert
be recorded.

P62   1

SEC. 26.  

Section 832 of the Code of Civil Procedure is
2amended to read:

3

832.  

For purposes of this chapter, the following definitions
4apply:

5(a) “Basin” has the same meaning as defined in Section 10721
6of the Water Code.

7(b) “Complaint” means a complaint filed in superior court to
8determine rights to extract groundwater and includes any
9cross-complaint that initiates a comprehensive adjudication in
10response to a plaintiff’s complaint or other cross-complaint.

11(c) “Comprehensive adjudication” means an action filed in
12superior court to comprehensively determine rights to extract
13groundwater in a basin.

14(d) “Condition of long-term overdraft” means the condition of
15a groundwater basin where the average annual amount of water
16extracted for a long-term period, generally 10 years or more,
17exceeds the long-term average annual supply of water to the basin,
18plus any temporary surplus. Overdraft during a period of drought
19is not sufficient to establish a condition of long-term overdraft if
20extractions and recharge are managed as necessary to ensure that
21reductions in groundwater levels or storage during a period of
22drought are offset by increases in groundwater levels or storage
23during other periods.

24(e) “Department” means the Department of Water Resources.

25(f) “Expert witness” means a witness qualified pursuant to
26Section 720 of the Evidence Code.

27(g) “Groundwater” means water beneath the surface of the earth
28within the zone below the water table in which the soil is
29completely saturated with water, but does not include water that
30flows in known and definite channels.

31(h) “Groundwater extraction facility” means a device or method
32for extracting groundwaterbegin delete from withinend deletebegin insert inend insert a basin.

33(i) “Groundwater recharge” means the augmentation of
34groundwater, by natural or artificial means.

35(j) “Person” includes, but is not limited to, counties, local
36agencies, state agencies, federal agencies, tribes, business entities,
37and individuals.

38(k) “Plaintiff” means the person filing the complaint initiating
39a comprehensive adjudication and includes a cross-complainant
40who initiates a comprehensive adjudication by cross-complaint.

P63   1(l) “Public water system” has the same meaning as defined in
2Section 116275 of the Health and Safety Code.

3(m) “State small water system” has the same meaning as defined
4in Section 116275 of the Health and Safety Code.

5(n) “Sustainable Groundwater Management Act” meansbegin delete the
6provisions ofend delete
Part 2.74 (commencing with Section 10720) of
7Division 6 of the Water Code.

8

SEC. 27.  

Section 835 of the Code of Civil Procedure is
9amended to read:

10

835.  

(a) The plaintiff shall provide notice of the comprehensive
11adjudication to all of the following:

12(1) A groundwater sustainability agency that overlies the basin
13or a portion of the basin.

14(2) A city, county, or city and county that overlies the basin or
15a portion of the basin.

16(3) A district with authority to manage or replenish groundwater
17resources of the basin in whole or in part.

18(4) The operator of a public water system or state small water
19system that uses groundwater from the basin to supply water
20service.

21(5) A California Native American tribe that is on the contact
22list maintained by the Native American Heritage Commission.

23(6) The Attorney General, the State Water Resources Control
24Board, the department, and the Department of Fish and Wildlife.

25(7) A federal department or agency that manages a federal
26reservation that overlies the basin or a portion of the basin.

27(8) A person identified under Section 836.5 who is not a party
28to the comprehensive adjudication.

29(9) A person who is on a list, maintained by a groundwater
30management agency, of interested parties that have requested
31notice under the Sustainable Groundwater Management Act.

32(b) The plaintiff may provide notice under this section by first
33class mail or electronic mail.

34(c) (1) Except as provided in paragraph (2), the plaintiff shall
35provide notice under this section as follows:

36(A) To any person entitled to notice under paragraphs (1) to (7),
37inclusive, of subdivision (a) within 15 days of the filing of the
38complaint.

P64   1(B) To any person entitled to notice under paragraphs (8) and
2(9) of subdivision (a) within 30 days of receipt of the name and
3address of the person entitled to notice.

4(2) The plaintiff may take additional time as is reasonably
5necessary before providing notice under this section if the plaintiff
6determines that additional time is necessary to identify a person
7entitled to notice under this section, confirm the accuracy of the
8begin delete names or addressesend deletebegin insert name or addressend insert of a person, or to determine
9if the conditions requiring notice have been satisfied.

10(d) The plaintiff is not required to provide notice under this
11section to a person who has already been served or intervened in
12the action.

13

SEC. 28.  

Section 850 of the Code of Civil Procedure, as added
14by Section 1 of Chapter 672 of the Statutes of 2015, is amended
15to read:

16

850.  

(a) The court may enter a judgmentbegin insert in a comprehensive
17adjudicationend insert
if the court finds that the judgment meets all of the
18following criteria:

19(1) It is consistent with Section 2 of Article X of the California
20Constitution.

21(2) It is consistent with the water right priorities of all
22non-stipulating parties and any persons who have claims that are
23exempted pursuant to Section 833 in the basin.

24(3) It treats all objecting parties and any persons who have
25claims that are exempted pursuant to Section 833 equitably as
26compared to the stipulating parties.

27(b) If a party or group of parties submits a proposed stipulated
28judgment that is supported by more than 50 percent of all parties
29who are groundwater extractors in the basin or use the basin for
30groundwater storage and is supported by groundwater extractors
31responsible for at least 75 percent of the groundwater extracted in
32the basin during the five calendar years before the filing of the
33complaint, the court may adopt the proposed stipulated judgment,
34as applied to the stipulating parties, if the proposed stipulated
35judgment meets the criteria described in subdivision (a). A party
36objecting to a proposed stipulated judgment shall demonstrate, by
37a preponderance of evidence, that the proposed stipulated judgment
38does not satisfy one or more criteria described in subdivision (a)
39or that it substantially violates the water rights of the objecting
40party. If the objecting party is unable to make this showing, the
P65   1court may impose the proposed stipulated judgment on the
2objecting party. An objecting party may be subject to a preliminary
3injunction issued pursuant to Section 847 while his or her
4objections are being resolved.

5

SEC. 29.  

Section 850 of the Code of Civil Procedure, as added
6by Chapter 52 of the Statutes of 1953, is amended and renumbered
7to read:

8

begin delete850.end delete
9begin insert853.end insert  

Upon the failure ofbegin delete any co-ownerend deletebegin insert a coownerend insert of a mine or
10mining claim to contribute his proportionate share of the taxes
11begin delete whichend deletebegin insert thatend insert have been levied and assessed upon the mine orbegin insert miningend insert
12 claim for the period of five years,begin delete any co-ownerend deletebegin insert a coownerend insert who
13has paidbegin delete suchend deletebegin insert thatend insert sharebegin delete mayend deletebegin insert may,end insert at the expiration of the five
14begin delete yearsend deletebegin insert years,end insert serve upon the delinquentbegin delete co-ownerend deletebegin insert coownerend insert notice
15thereof.

16

SEC. 30.  

The heading of Chapter 8 (commencing with Section
17850) of Title 10 of Part 2 of the Code of Civil Procedure is
18amended to read:

19 

20Chapter  8. Actions Againstbegin delete Co-ownersend deletebegin insert Coownersend insert of
21Mines
22

 

23

SEC. 31.  

Section 851 of the Code of Civil Procedure, as added
24by Section 1 of Chapter 672 of the Statutes of 2015, is amended
25to read:

26

851.  

The judgment in a comprehensive adjudication conducted
27pursuant to this chapter shall be binding on the parties to thebegin delete actionend delete
28begin insert comprehensive adjudicationend insert and all their successors in interest,
29including, but not limited to, heirs, executors, administrators,
30assigns, lessees, licensees, the agents and employees of the parties
31to thebegin delete actionend deletebegin insert comprehensive adjudicationend insert and all their successors
32in interest, and all landowners or other persons claiming rights to
33extract groundwater from the basin whose claims have not been
34exempted and are covered by the notice provided in the
35comprehensive adjudication.

36

SEC. 32.  

Section 851 of the Code of Civil Procedure, as
37amended by Chapter 1611 of the Statutes of 1969, is amended and
38renumbered to read:

P66   1

begin delete851.end delete
2begin insert854.end insert  

The notice shall be served in the manner provided by law
3for the service of a summons in a civil action, but where service
4is by publication, the publication shall be in a newspaper of general
5circulation published in the county in which the mine orbegin insert miningend insert
6 claim is situated or if there is no such newspaper, in such a
7newspaper in an adjoining county, and the publication shall be at
8least once a week for 90 days.

9

SEC. 33.  

Section 852 of the Code of Civil Procedure, as added
10by Section 1 of Chapter 672 of the Statutes of 2015, is amended
11to read:

12

852.  

The court shall have continuing jurisdiction to modify or
13amend a final judgment in a comprehensive adjudication in
14response to new information, changed circumstances, the interests
15of justice, or to ensure that the criteria of subdivision (a) of Section
16850 are met.begin delete Whenend deletebegin insert Ifend insert feasible, the judge who heard the original
17begin delete actionend deletebegin insert comprehensive adjudicationend insert shall preside over actions or
18motions to modify or amend thebegin insert finalend insert judgment.

19

SEC. 34.  

Section 852 of the Code of Civil Procedure, as added
20by Chapter 52 of the Statutes of 1953, is amended and renumbered
21to read:

22

begin delete852.end delete
23begin insert855.end insert  

Ifbegin delete prior toend deletebegin insert beforeend insert the expiration of 90 days from the service
24the delinquent fails or refuses to contribute his proportionate share
25of the taxes, thebegin delete co-ownerend deletebegin insert coownerend insert contributing such share may
26file in the superior court of the county in which the mine orbegin insert miningend insert
27 claim is situated a verified petition setting forth the facts and
28particularly describing the mine orbegin insert miningend insert claim.

29

SEC. 35.  

Section 853 of the Code of Civil Procedure is
30amended and renumbered to read:

31

begin delete853.end delete
32begin insert856.end insert  

If the mine orbegin insert miningend insert claim is situated in more than one
33county, the petition may be filed in the superior court of either
34county.

35

SEC. 36.  

Section 854 of the Code of Civil Procedure is
36amended and renumbered to read:

37

begin delete854.end delete
38begin insert857.end insert  

The clerk shall set the petition for hearing by the court
39and give noticebegin delete thereofend deletebegin insert of the hearingend insert by causing a notice of the
40time and place of the hearing to be posted at the county courthouse
P67   1at least 10 days before the hearing. The court may order such
2further notice as it deems proper.

3

SEC. 37.  

Section 855 of the Code of Civil Procedure is
4amended and renumbered to read:

5

begin delete855.end delete
6begin insert858.end insert  

The court shall hear evidence for or against the petition
7and may order judgmentbegin delete thereonend deletebegin insert on the petitionend insert vesting the interest
8of the delinquent in the mine orbegin insert miningend insert claim in the petitioner.

9

SEC. 38.  

Section 856 of the Code of Civil Procedure is
10amended and renumbered to read:

11

begin delete856.end delete
12begin insert859.end insert  

A certified copy of the decree may be recorded in the
13office of the recorder of each county in which any part of the mine
14orbegin insert miningend insert claim is situated.

15

SEC. 39.  

Section 1084 of the Code of Civil Procedure is
16amended to read:

17begin insert

begin insert1084.end insert  

end insert

begin deleteSection Ten Hundred and Eighty-four. end deleteThe writ of
18mandamus may be denominated a writ of mandate.

19

SEC. 40.  

Section 1097 of the Code of Civil Procedure is
20amended to read:

21begin insert

begin insert1097.end insert  

end insert

begin deleteSection Ten Hundred and Ninety-seven. When end deletebegin insertIf end inserta
22peremptory mandate has been issued and directed tobegin delete anyend deletebegin insert anend insert inferior
23tribunal, corporation,begin delete Board,end deletebegin insert board,end insert or person,begin delete ifend deletebegin insert andend insert itbegin delete appearend delete
24begin insert appearsend insert to thebegin delete Courtend deletebegin insert courtend insert thatbegin delete anyend deletebegin insert aend insert member ofbegin delete suchend deletebegin insert theend insert tribunal,
25corporation, orbegin delete Board,end deletebegin insert board,end insert orbegin delete suchend deletebegin insert theend insert person upon whom the
26writ has been personally served, has, without just excuse, refused
27or neglected to obey thebegin delete same,end deletebegin insert writ,end insert thebegin delete Courtend deletebegin insert courtend insert may, upon
28motion, impose a fine not exceeding one thousand dollars. In case
29of persistence in a refusal of obedience, thebegin delete Courtend deletebegin insert courtend insert may order
30the party to be imprisoned until the writ is obeyed, and may make
31any orders necessary and proper for the complete enforcement of
32the writ.

33

SEC. 41.  

Section 2025.010 of the Code of Civil Procedure is
34amended to read:

35

2025.010.  

Any party may obtain discovery within the scope
36delimited by Chapter 2 (commencing with Sectionbegin delete 2017.010) and
37Chapter 3 (commencing with Section 2017.710),end delete
begin insert 2017.010),end insert and
38subject to the restrictions set forth in Chapter 5 (commencing with
39Section 2019.010), by taking in California the oral deposition of
40any person, including any party to the action. The person deposed
P68   1may be a natural person, an organization such as a public or private
2corporation, a partnership, an association, or a governmental
3agency.

4

SEC. 42.  

Section 2031.010 of the Code of Civil Procedure is
5amended to read:

6

2031.010.  

(a) Any party may obtain discovery within the scope
7delimited bybegin delete Chaptersend deletebegin insert Chapterend insert 2 (commencing with Section
8begin delete 2017.010) and 3 (commencing with Section 2017.710),end deletebegin insert 2017.010),end insert
9 and subject to the restrictions set forth in Chapter 5 (commencing
10with Section 2019.010), by inspecting, copying, testing, or
11sampling documents, tangible things, land or other property, and
12electronically stored information in the possession, custody, or
13control of any other party to the action.

14(b) A party may demand that any other party produce and permit
15the party making the demand, or someone acting onbegin delete thatend deletebegin insert the
16demandingend insert
party’s behalf, to inspect and to copy a document that
17is in the possession, custody, or control of the party on whom the
18demand is made.

19(c) A party may demand that any other party produce and permit
20the party making the demand, or someone acting onbegin delete thatend deletebegin insert the
21demandingend insert
party’s behalf, to inspect and to photograph, test, or
22sample any tangible things that are in the possession, custody, or
23control of the party on whom the demand is made.

24(d) A party may demand that any other party allow the party
25making the demand, or someone acting onbegin delete thatend deletebegin insert the demandingend insert
26 party’s behalf, to enter on any land or other property that is in the
27possession, custody, or control of the party on whom the demand
28is made, and to inspect and to measure, survey, photograph, test,
29or sample the land or other property, or any designated object or
30operation on it.

31(e) A party may demand that any other party produce and permit
32the party making the demand, or someone acting onbegin delete thatend deletebegin insert the
33demandingend insert
party’s behalf, to inspect, copy, test, or sample
34electronically stored information in the possession, custody, or
35control of the party on whom demand is made.

36

SEC. 43.  

Section 2033.010 of the Code of Civil Procedure is
37amended to read:

38

2033.010.  

Any party may obtain discovery within the scope
39delimited bybegin delete Chaptersend deletebegin insert Chapterend insert 2 (commencing with Section
40begin delete 2017.010) and 3 (commencing with Section 2017.710),end deletebegin insert 2017.010),end insert
P69   1 and subject to the restrictions set forth in Chapter 5 (commencing
2with Section 2019.010), by a written request that any other party
3to the action admit the genuineness of specified documents, or the
4truth of specified matters of fact, opinion relating to fact, or
5 application of law to fact. A request for admission may relate to
6a matter that is in controversy between the parties.

7

SEC. 44.  

Section 2035.010 of the Code of Civil Procedure is
8amended to read:

9

2035.010.  

(a) One who expects to be a party or expects a
10successor in interest to be a party tobegin delete anyend deletebegin insert anend insert action that may be
11cognizable inbegin delete anyend deletebegin insert aend insert court of thebegin delete State of California,end deletebegin insert state,end insert whether
12as a plaintiff, or as a defendant, or in any other capacity, may obtain
13discovery within the scope delimited bybegin delete Chaptersend deletebegin insert Chapterend insert 2
14(commencing with Sectionbegin delete 2017.010) and 3 (commencing with
15Section 2017.710),end delete
begin insert 2017.010),end insert and subject to the restrictions set
16forth in Chapter 5 (commencing with Section 2019.010), for the
17purpose of perpetuating that person’s own testimony or that of
18another natural person or organization, or of preserving evidence
19for use in the event an action is subsequently filed.

20(b) One shall not employ the procedures of this chapter forbegin delete the
21purpose either ofend delete
begin insert purposes of eitherend insert ascertaining the possible
22existence of a cause of action or a defense to it, or of identifying
23those who might be made parties to an action not yet filed.

24

SEC. 45.  

Section 2036.010 of the Code of Civil Procedure is
25amended to read:

26

2036.010.  

If an appeal has been taken from a judgment entered
27bybegin delete anyend deletebegin insert aend insert court of thebegin delete State of California,end deletebegin insert state,end insert or if the time for
28taking an appeal has not expired, a party may obtain discovery
29within the scope delimited bybegin delete Chaptersend deletebegin insert Chapterend insert 2 (commencing
30with Sectionbegin delete 2017.010) and 3 (commencing with Section
312017.710),end delete
begin insert 2017.010),end insert and subject to the restrictions set forth in
32Chapter 5 (commencing with Section 2019.010), forbegin delete the purposeend delete
33begin insert purposesend insert of perpetuating testimony or preserving information for
34use in the event of further proceedings in that court.

35

SEC. 46.  

Section 2093 of the Code of Civil Procedure is
36amended to read:

37

2093.  

(a) A court, judge or clerk ofbegin delete anyend deletebegin insert aend insert court, justice, notary
38public, and officer or person authorized to take testimony inbegin delete anyend delete
39begin insert anend insert action or proceeding, or to decide upon evidence, has the power
40to administer oaths and affirmations.

P70   1(b) (1) A shorthand reporter certified pursuant to Article 3
2(commencing with Section 8020) of Chapter 13 of Division 3 of
3the Business and Professions Code has the power to administer
4oaths and affirmations and may perform the duties of the deposition
5officer pursuant to Chapter 9 (commencing with Section 2025.010)
6of Title 4. The certified shorthand reporterbegin delete shall beend deletebegin insert isend insert entitled to
7receive fees for services rendered during a deposition, including
8fees for deposition services, as specified in subdivision (c) of
9Section 8211 of the Government Code.

10(2) This subdivision shall also apply to depositions taken by
11telephone or other remote electronic means as specified in Chapter
122 (commencing with Section 2017.010) and Chapter 9
13(commencing with Section 2025.010) of Title 4.

14(c) (1) A former judge or justice of a court of record inbegin delete thisend deletebegin insert theend insert
15 state who retired or resigned from office shall have the power to
16administer oaths and affirmations, if both of the following
17conditions are met:

18(A) The former judge or justice requests and receives a
19certification from the Commission on Judicial Performance
20pursuant to paragraph (2).

21(B) A formal disciplinary proceeding was not pending at the
22time of the retirement or resignation.

23(2) (A) A former judge or justice of a court of record inbegin delete thisend delete
24begin insert theend insert state who retired or resigned from office may apply to the
25begin delete commissionend deletebegin insert Commission on Judicial Performanceend insert to receive a
26certification to administer oaths and affirmations. The commission
27shall supply the required forms to an applicant upon request.

28(B) (i) A certification application shall be accompanied by a
29medical certification. If an applicant’s medical certification
30indicatesbegin delete thatend delete the applicant does not have a medical condition that
31would impair his or her ability to administer oaths and affirmations,
32the commission shall issue a certification to the applicant to
33administer oaths and affirmations. Except as provided in clause
34(ii), a certification issued pursuant to this paragraphbegin delete shall beend deletebegin insert isend insert
35 valid for a period of five years from the date of issuance.

36(ii) If an applicant’s medical certification indicatesbegin delete thatend delete the
37applicant has a medical condition that may impair his or her ability
38to administer oaths and affirmations, but does not do so at the time
39the medical certification is submitted with the application, the
40commission shall issue a certification to administer oaths and
P71   1affirmations, but the certificationbegin delete shall only beend deletebegin insert is onlyend insert valid for a
2period of two years from the date of issuance.

3(3) Notwithstanding paragraph (1), a former judge or justice of
4a court of record who received a certification from thebegin delete commissionend delete
5begin insert Commission on Judicial Performanceend insert before January 1, 2016, to
6administer oaths and affirmations may continue to exercise this
7power until January 1, 2017, at which time he or she shall reapply
8for certification pursuant to paragraph (2).

9(4) Thebegin delete commissionend deletebegin insert Commission on Judicial Performanceend insert may
10charge a regulatory fee not to exceed fifteen dollars ($15) for each
11certification application submitted pursuant to this subdivision to
12cover its costs, including costs to review the medical certification.

13(d) Abegin delete rule,end deletebegin insert ruleend insert or regulation regarding the confidentiality of
14proceedings of thebegin delete commission shall not be construed toend delete
15begin insert Commission on Judicial Performance does notend insert prohibit the
16commission from issuing a certificate as provided for in this
17section.

18

SEC. 47.  

Section 2105 of the Corporations Code is amended
19to read:

20

2105.  

(a) A foreign corporation shall not transact intrastate
21business without having first obtained from the Secretary of State
22a certificate of qualification. To obtain that certificate it shall file,
23on a form prescribed by the Secretary of State, a statement and
24designation signed by a corporate officer or, in the case of a foreign
25association that has no officers, signed by a trustee stating:

26(1) Its name and the state or place of its incorporation or
27organization.

28(2) The street address of its principal executive office.

29(3) The street address of its principal office within this state, if
30any.

31(4) The mailing address of its principal executive office, if
32different from the addresses specified pursuant to paragraphs (2)
33and (3).

34(5) The name of an agent upon whom process directed to the
35corporation may be served within this state. The designation shall
36comply withbegin delete the provisions ofend delete subdivision (b) of Section 1502.

37(6) (A) Its irrevocable consent to service of process directed to
38it upon the agent designated and to service of process on the
39Secretary of State if the agentbegin delete soend delete designated or the agent’s successor
P72   1is no longer authorized to act or cannot be found at the address
2given.

3(B) Consent under this paragraph extends to service of process
4directed to the foreign corporation’s agent inbegin delete Californiaend deletebegin insert this stateend insert
5 for a search warrant issued pursuant to Section 1524.2 of the Penal
6Code, or for any other validly issued and properly served search
7warrant, for records or documents that are in the possession of the
8foreign corporation and are located inside or outside of this state.
9This subparagraph shall apply to a foreign corporation that is a
10party or a nonparty to the matter for which the search warrant is
11sought. For purposes of this subparagraph, “properly served” means
12delivered by hand, or in a manner reasonably allowing for proof
13of delivery if delivered by United States mail, overnight delivery
14service, or facsimile to a person or entity listed in Section 2110,
15or any other means specified by the foreign corporation, including,
16but not limited to, email or submission via an Internetbegin delete webend deletebegin insert Webend insert
17 portal that the foreign corporation has designated for the purpose
18of service of process.

19(7) If it is a corporationbegin delete whichend deletebegin insert thatend insert will be subject to the
20Insurance Code as an insurer, it shallbegin delete soend delete state that fact.

21(b) Annexed tobegin delete thatend deletebegin insert theend insert statement and designation shall be a
22certificate by an authorized public official of the state or place of
23incorporation of the corporation to the effect that the corporation
24is an existing corporation in good standing in that state or place
25or, in the case of an association, an officers’ certificate stating that
26it is a validly organized and existing business association under
27the laws of a specified foreign jurisdiction.

28(c) Before it may be designated bybegin delete anyend deletebegin insert aend insert foreign corporation
29as its agent for service of process,begin delete anyend deletebegin insert aend insert corporate agent must
30comply with Section 1505.

31

SEC. 48.  

Section 2207 of the Corporations Code is amended
32to read:

33

2207.  

(a) A corporation is liable for a civil penalty in an
34amount not exceeding one million dollars ($1,000,000) if the
35corporation does both of the following:

36(1) Has actual knowledge that an officer, director, manager, or
37agent of the corporation does any of the following:

38(A) Makes, publishes, or posts, or has made, published, or
39posted, either generally or privately to the shareholders or other
40persons, either of the following:

P73   1(i) An oral, written, or electronically transmitted report, exhibit,
2notice, or statement of its affairs or pecuniary condition that
3begin delete containsend deletebegin insert includesend insert a material statement or omission that is false and
4intended to give the shares of stock in the corporation a materially
5greater or a materially less apparent market value than they really
6possess.

7(ii) An oral, written, or electronically transmitted report,
8prospectus, account, or statement of operations, values, business,
9profits, or expenditures, that includes a material false statement or
10omission intended to give the shares of stock in the corporation a
11materially greater or a materially less apparent market value than
12they really possess.

13(B) begin deleteRefuses end deletebegin insertRefuses, end insertor has refused tobegin delete makeend deletebegin insert make,end insert any book
14entry or post any notice required by law in the manner required
15by law.

16(C) Misstates orbegin delete concealsend deletebegin insert conceals,end insert or has misstated orbegin delete concealedend delete
17begin insert concealed,end insert from a regulatory body a material fact in order to
18deceive a regulatory body to avoid a statutory or regulatory duty,
19or to avoid a statutory or regulatory limit or prohibition.

20(2) Within 30 days after actual knowledge is acquired of the
21actions described in paragraph (1), the corporation knowingly fails
22 to do both of the following:

23(A) Notify the Attorney General or appropriate government
24agency in writing, unless the corporation has actual knowledge
25that the Attorney General or appropriate government agency has
26been notified.

27(B) Notify its shareholders in writing, unless the corporation
28has actual knowledge that the shareholders have been notified.

29(b) The requirement for notification under this sectionbegin delete is not
30applicableend delete
begin insert does not applyend insert if the action taken or about to be taken
31by the corporation, or by an officer, director, manager, or agent of
32the corporation under paragraph (1) of subdivision (a), is abated
33within the time prescribed for reporting, unless the appropriate
34government agency requires disclosure by regulation.

35(c) If the action reported to the Attorney General pursuant to
36this section implicates the government authority of an agency other
37than the Attorney General, the Attorney General shall promptly
38forward the written notice to that agency.

39(d) If the Attorney General was not notified pursuant to
40subparagraph (A) of paragraph (2) of subdivision (a), but the
P74   1corporation reasonably and in good faith believed that it had
2complied with the notification requirements of this section by
3notifying a government agency listed in paragraph (5) of
4subdivision (e), no penalties shall apply.

5(e) For purposes of this section:

6(1) “Manager” means a person having both of the following:

7(A) Management authority over a business entity.

8(B) Significant responsibility for an aspect of a business that
9includes actual authority for the financial operations or financial
10transactions of the business.

11(2) “Agent” means a person or entity authorized by the
12corporation to make representations to the public about the
13corporation’s financial condition and who is acting within the
14scope of the agency when the representations are made.

15(3) “Shareholder” means a person or entity that is a shareholder
16of the corporation at the time the disclosure is required pursuant
17to subparagraph (B) of paragraph (2) of subdivision (a).

18(4) “Notify its shareholders” means to give sufficient description
19of an action taken or about to be taken that would constitute acts
20or omissions as described in paragraph (1) of subdivision (a). A
21notice or report filed by a corporation with the United States
22Securities and Exchange Commission that relates to the facts and
23circumstances giving rise to an obligation under paragraph (1) of
24subdivision (a) shall satisfy all notice requirements arising under
25paragraph (2) of subdivision (a), butbegin delete shall not beend deletebegin insert is notend insert the
26exclusive means of satisfying the notice requirements,begin delete provided
27thatend delete
begin insert ifend insert the Attorney General or appropriate agency is informed in
28writing that the filing has been made together with a copy of the
29filing or an electronic link where it is available online without
30charge.

31(5) “Appropriate government agency” means an agency on the
32following list that has regulatory authority with respect to the
33financial operations of a corporation:

34(A) Department of Business Oversight.

35(B) Department of Insurance.

36(C) Department of Managed Health Care.

37(D) United States Securities and Exchange Commission.

38(6) “Actual knowledge of the corporation” means the knowledge
39an officer or director of a corporation actually possesses or does
40not consciously avoid possessing, based on an evaluation of
P75   1 information provided pursuant to the corporation’s disclosure
2controls and procedures.

3(7) “Refuse to make a book entry” means the intentional decision
4not to record an accounting transaction when all of the following
5conditions are satisfied:

6(A) The independent auditors required recordation of an
7accounting transaction during the course of an audit.

8(B) Thebegin insert corporation’send insert audit committeebegin delete of the corporationend delete has
9not approved the independent auditor’s recommendation.

10(C) The decision is made for the primary purpose of rendering
11the financial statements materially false or misleading.

12(8) “Refuse to post any notice required by law” means an
13intentional decision not to post a notice required by law when all
14of the following conditions exist:

15(A) The decision not to post the notice has not been approved
16by the corporation’s audit committee.

17(B) The decision is intended to give the shares of stock in the
18corporation a materially greater or a materially less apparent market
19value than they really possess.

20(9) “Misstate or conceal material facts from a regulatory body”
21means an intentional decision not to disclose material facts when
22all of the following conditions exist:

23(A) The decision not to disclose material facts has not been
24approved by the corporation’s audit committee.

25(B) The decision is intended to give the shares of stock in the
26corporation a materially greater or a materially less apparent market
27value than they really possess.

28(10) “Material false statement or omission” means an untrue
29statement of material fact or an omission to state a material fact
30necessary in order to make the statements made under the
31circumstances under which they were made not misleading.

32(11) “Officer” means any person as set forth in Rule 16a-1
33promulgated under the Securities Exchange Act of 1934 or any
34successor regulation thereto, except an officer of a subsidiary
35corporation who is not also an officer of the parent corporation.

36(f) This section only applies to corporations that are issuers, as
37defined in Section 2 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
38Sec. 7201begin delete and following).end deletebegin insert et seq.).end insert

P76   1(g) An action to enforce this section may only be brought by
2the Attorney General or a district attorney or city attorney in the
3name of the people of thebegin delete State of California.end deletebegin insert state.end insert

4

SEC. 49.  

Section 17708.02 of the Corporations Code is
5amended to read:

6

17708.02.  

(a) A foreign limited liability company may apply
7for a certificate of registration to transact business in this state by
8delivering an application to the Secretary of State for filing on a
9form prescribed by the Secretary of State. The application shall
10state all of the following:

11(1) The name of the foreign limited liability company, and, if
12the name does not comply with Section 17701.08, an alternate
13name adopted pursuant to subdivision (a) of Section 17708.05.

14(2) The state or other jurisdiction under whose law the foreign
15limited liability company is organized and the date of its
16organization in that state or other jurisdiction, and a statement that
17the foreign limited liability company is authorized to exercise its
18powers and privileges in that state or other jurisdiction.

19(3) The street address of the foreign limited liability company’s
20principal office and of its principal business office in this state, if
21any.

22(4) (A) The name and street address of the foreign limited
23liability company’s initial agent for service of process in this state
24who consents to service of process and meets the qualifications
25specified in subdivision (c) of Section 17701.13. If a corporate
26agent is designated, only the name of the agent shall be set forth.

27(B) Consent under this paragraph extends to service of process
28directed to the foreign limited liability company’s agent in
29begin delete Californiaend deletebegin insert this stateend insert for a search warrant issued pursuant to Section
301524.2 of the Penal Code, or for any other validly issued and
31properly served search warrant, for records or documents that are
32in the possession of the foreign limited liability company and are
33located inside or outside of this state. This subparagraph shall
34apply to a foreign limited liability company that is a party or a
35nonparty to the matter for which the search warrant is sought. For
36purposes of this subparagraph,begin delete properly servedend deletebegin insert “properly servedend insertbegin insertend insert
37 means delivered by hand, or in a manner reasonably allowing for
38proof of delivery if delivered by United States mail, overnight
39delivery service, facsimile, or any other means specified by the
40foreign limited liability company, including email or submission
P77   1via an Internetbegin delete webend deletebegin insert Webend insert portal the foreign limited liability company
2has designated for the purpose of service of process.

3(5) A statement that the Secretary of State is appointed the agent
4of the foreign limited liability company for service of process if
5the agent has resigned and has not been replaced or if the agent
6cannot be found or served with the exercise of reasonable diligence.

7(6) The mailing address of the foreign limited liability company
8if different than the street address of the principal office, or
9principal business office in this state.

10(b) A foreign limited liability company shall deliver with a
11completed application under subdivision (a) a certificate of
12existence, status, or good standing or a record of similar import
13signed by the Secretary of State or other official having custody
14of the foreign limited liability company’s publicly filed records in
15the state or other jurisdiction under whose law the foreign limited
16liability company is formed.

17(c) The Secretary of State shall include with instructional
18materials, provided in conjunction with registration under
19subdivision (a), a notice that filing the registration will obligate
20the foreign limited liability company to pay an annual tax to the
21Franchise Tax Board pursuant to Section 17941 of the Revenue
22and Taxation Code. That notice shall be updated annually to specify
23the dollar amount of the tax.

24

SEC. 50.  

Section 25100 of the Corporations Code is amended
25to read:

26

25100.  

The following securities are exempted from Sections
2725110, 25120, and 25130:

28(a) Anybegin delete security (includingend deletebegin insert security, includingend insert a revenue
29begin delete obligation)end deletebegin insert obligation,end insert issued or guaranteed by the United States,
30any state, any city, county, city and county, public district, public
31authority, public corporation, public entity, or political subdivision
32of a state or any agency or corporate or other instrumentality of
33any one or more of thebegin delete foregoing;end deletebegin insert foregoing,end insert or any certificate of
34deposit for any of the foregoing.

35(b) Any security issued or guaranteed by Canada, any Canadian
36province, any political subdivision or municipality of that province,
37or by any other foreign governmentbegin delete with whichend deletebegin insert thatend insert the United
38States currently maintains diplomatic relations, if the security is
39recognized as a valid obligation by the issuer orbegin delete guarantor;end delete
40begin insert guarantor,end insert or any certificate of deposit for any of the foregoing.

P78   1(c) Any security issued or guaranteed by and representing an
2interestbegin delete inend deletebegin insert in,end insert or a direct obligationbegin delete ofend deletebegin insert of,end insert a national bank or a bank
3or trust company incorporated under the laws of this state, and any
4security issued by a bank to one or more other banks and
5representing an interest in an asset of the issuing bank.

6(d) Any security issued or guaranteed by a federal savings
7begin delete association orend deletebegin insert association,end insert federal savingsbegin delete bank orend deletebegin insert bank,end insert federal
8landbegin delete bank orend deletebegin insert bank,end insert joint landbegin delete bank orend deletebegin insert bank,end insert national farm loan
9begin delete associationend deletebegin insert association,end insert or by any savings association, as defined
10in subdivision (a) of Section 5102 of the Financial Code,begin delete whichend delete
11begin insert thatend insert is subject to the supervision and regulation of the
12Commissioner of Businessbegin delete Oversight of this state.end deletebegin insert Oversight.end insert

13(e) Anybegin delete security (otherend deletebegin insert security, otherend insert than an interest in all or
14portions of a parcel or parcels of real propertybegin delete whichend deletebegin insert thatend insert are
15subdivided land or a subdivision or in a real estatebegin delete development),end delete
16begin insert development,end insert the issuance of which is subject to authorization by
17the Insurance Commissioner, the Public Utilities Commission, or
18the Real Estatebegin delete Commissioner of this state.end deletebegin insert Commissioner.end insert

19(f) Any security consisting of any interest in all or portions of
20a parcel or parcels of real property that are subdivided lands or a
21subdivision or in a real estatebegin delete development; provided that theend delete
22begin insert development. Theend insert exemption in this subdivisionbegin delete shall not be
23applicable to: (1) anyend delete
begin insert does not apply to either of the following:end insert

24begin insert(1)end insertbegin insertend insertbegin insertAnyend insert investment contract sold or offered for sale with, or as
25part of, thatbegin delete interest, or (2) anyend deletebegin insert interest.end insert

26begin insert(2)end insertbegin insertend insertbegin insertAnyend insert person engaged in the business of selling, distributing,
27or supplying water for irrigation purposes or domestic use that is
28not a public utility except that the exemptionbegin delete is applicableend deletebegin insert appliesend insert
29 to any security of a mutual waterbegin delete company (otherend deletebegin insert company, otherend insert
30 than an investment contract as described in paragraphbegin delete (1))end deletebegin insert (1),end insert
31 offered or sold in connection with subdivided lands pursuant to
32Chapter 2 (commencing with Section 14310) of Part 7 of Division
333 of Title 1.

34(g) Any mutual capital certificates or savings accounts, as
35defined in the Savings Association Law, issued by a savings
36association, as defined by subdivision (a) of Section 5102 of the
37Financial Code, and holding a license or certificate of authority
38 then in force from the Commissioner of Businessbegin delete Oversight of this
39state.end delete
begin insert Oversight.end insert

P79   1(h) Any security issued or guaranteed by any federal credit
2union, or by any credit union organized and supervised, or
3regulated, under the Credit Union Law.

4(i) Any security issued or guaranteed by any railroad, other
5common carrier, public utility, or public utility holding company
6begin delete which is (1) subjectend deletebegin insert that is any of the following:end insert

7begin insert(1)end insertbegin insertend insertbegin insertSubjectend insert to the jurisdiction of the Interstate Commerce
8Commission or itsbegin delete successor or (2) aend deletebegin insert successor.end insert

9begin insert(2)end insertbegin insertend insertbegin insertAend insert holding company registered with the Securities and
10Exchange Commission under the Public Utility Holding Company
11Act of 1935 or a subsidiary ofbegin delete thatend deletebegin insert the holdingend insert company within
12the meaning of thatbegin delete act or (3) regulatedend deletebegin insert act.end insert

13begin insert(3)end insertbegin insertend insertbegin insertRegulatedend insert in respect of the issuance or guarantee of the
14security by a governmental authority of the United States, of any
15state, of Canada or of any Canadianbegin delete province;end deletebegin insert province,end insert and the
16security is subject to registration with or authorization of issuance
17by that authority.

18(j) Anybegin delete security (exceptend deletebegin insert security, exceptend insert evidences of
19indebtedness, whether interest bearing orbegin delete not)end deletebegin insert not,end insert of an issuer (1)
20organized exclusively for educational, benevolent, fraternal,
21religious, charitable, social, or reformatory purposes and not for
22pecuniary profit, if no part of the net earnings of the issuer inures
23to the benefit of any private shareholder or individual, or (2)
24organized as a chamber of commerce or trade or professional
25association. The fact that amounts received frombegin delete membershipsend delete
26begin insert memberships,end insert orbegin delete duesend deletebegin insert dues,end insert or both will or may be used to construct
27or otherwise acquire facilities for use by members of the nonprofit
28organization does not disqualify the organization for this
29 exemption. This exemption does not apply to the securities ofbegin delete anyend delete
30begin insert aend insert nonprofit organization if any promoter thereof expects or intends
31to make a profit directly or indirectly from any business or activity
32associated with the organization or operation ofbegin delete thatend deletebegin insert theend insert nonprofit
33organization or from remuneration received frombegin delete thatend deletebegin insert theend insert nonprofit
34organization.

35(k) Any agreement, commonly known as a “life income
36contract,” of an issuer (1) organized exclusively for educational,
37benevolent, fraternal, religious, charitable, social, or reformatory
38purposes and not for pecuniary profit and (2)begin delete whichend deletebegin insert thatend insert the
39commissioner designates by rule or order, with a donor in
40consideration of a donation of property to that issuer and providing
P80   1for the payment to the donor or persons designated by him or her
2of income or specified periodic payments from the donated
3property or other property for the life of the donor or those other
4persons.

5(l) Any note, draft, bill of exchange, or banker’s acceptance
6begin delete whichend deletebegin insert thatend insert is freely transferable and of prime quality, arises out
7of a current transaction or the proceeds of which have been or are
8to be used for current transactions, andbegin delete whichend deletebegin insert thatend insert evidences an
9obligation to pay cash within nine months of the date of issuance,
10exclusive of days of grace, or any renewal of that paper which is
11likewise limited, or any guarantee of that paper or of that renewal,
12begin delete provided thatend deletebegin insert ifend insert the paper is not offered to the public in amounts
13of less than twenty-five thousand dollars ($25,000) in the aggregate
14to any one purchaser. In addition, the commissioner may, by rule
15or order, exempt any issuer of any notes, drafts, bills of exchange
16or banker’s acceptances from qualification of those securitiesbegin delete whenend delete
17begin insert ifend insert the commissioner finds that the qualification is not necessary or
18appropriate in the public interest or for the protection of investors.

19(m) Any security issued bybegin delete anyend deletebegin insert aend insert corporation organized and
20existing under the provisions of Chapter 1 (commencing with
21Section 54001) of Division 20 of the Food and Agricultural Code.

22(n) Any beneficial interest in an employees’ pension,
23profit-sharing, stock bonus, or similar benefit planbegin delete whichend deletebegin insert thatend insert
24 meets the requirements for qualification under Section 401 of the
25federal Internal Revenue Code or any statute amendatory thereof
26or supplementary thereto. A determination letter from the Internal
27Revenue Service stating that an employees’ pension, profit-sharing,
28stock bonus, or similar benefit plan meets those requirementsbegin delete shall
29beend delete
begin insert isend insert conclusive evidence that the plan is an employees’ pension,
30profit-sharing, stock bonus, or similar benefit plan within the
31meaning of the first sentence of this subdivision until the date the
32determination letter is revoked in writing by the Internal Revenue
33Service, regardless of whether or not the revocation is retroactive.

34(o) begin insert(1)end insertbegin insertend insert Any security listed or approved for listing upon notice
35of issuance on a national securities exchange, if the exchange has
36been certified by rule or order of the commissioner and any warrant
37or right to purchase or subscribe to the security. The exemption
38afforded by this subdivision does not apply to securities listed or
39approved for listing upon notice of issuance on a national securities
P81   1exchange, in a rollup transaction unless the rollup transaction is
2an eligible rollup transaction as defined in Section 25014.7.

begin delete

3 That

end delete

4begin insert(2)end insertbegin insertend insertbegin insertTheend insert certification ofbegin delete anyend deletebegin insert anend insert exchange shall be made by the
5commissioner upon the written request of the exchange if the
6commissioner finds that the exchange, in acting on applications
7for listing of common stock, substantially applies the minimum
8standards set forth in either subparagraph (A) or (B) of paragraph
9begin delete (1),end deletebegin insert (3),end insert and, in considering suspension or removal from listing,
10substantially applies each of the criteria set forth in paragraphbegin delete (2).end delete
11begin insert (4).end insert

begin delete

12(1)

end delete

13begin insert(3)end insert Listing standards:

14(A) (i) Shareholders’ equity of at least four million dollars
15($4,000,000).

16(ii) Pretax income of at least seven hundred fifty thousand
17dollars ($750,000) in the issuer’s last fiscal year or in two of its
18last three fiscal years.

19(iii) begin insert(I)end insertbegin insertend insert Minimum public distribution of 500,000begin delete shares
20(exclusiveend delete
begin insert shares, exclusiveend insert of the holdings of officers, directors,
21controlling shareholders, and other concentrated or family
22begin delete holdings),end deletebegin insert holdings,end insert together with a minimum of 800 public holders
23or minimum public distribution of 1,000,000 shares together with
24a minimum of 400 public holders. The exchange may also consider
25the listing of a company’s securities if the company has a minimum
26of 500,000 shares publicly held, a minimum of 400 shareholders
27and daily trading volume in the issue has been approximately 2,000
28shares or more for the six months preceding the date of application.
29In evaluating the suitability of an issue for listing under this trading
30provision, the exchange shall review the nature and frequency of
31that activity and any other factors as itbegin delete may determineend deletebegin insert determinesend insert
32 to be relevant in ascertaining whether the issue is suitable for
33trading. A security that trades infrequently shall not be considered
34for listing under this paragraph even though average daily volume
35amounts to 2,000 shares per day or more.

begin delete

36 Companies

end delete

37begin insert(II)end insertbegin insertend insertbegin insertCompaniesend insert whose securities are concentrated in a limited
38geographical area, or whose securities are largely held in block by
39institutional investors, normally may not be considered eligible
P82   1for listing unless the public distribution appreciably exceeds
2500,000 shares.

3(iv) Minimum price of three dollars ($3) per share for a
4reasonable period of timebegin delete prior toend deletebegin insert beforeend insert the filing of a listing
5begin delete application; provided, however,end deletebegin insert application. However,end insert in certain
6instances an exchange may favorably consider listing an issue
7selling for less than three dollars ($3) per share after considering
8all pertinent factors, including market conditions in general,
9whether historically the issue has sold above three dollars ($3) per
10share, the applicant’s capitalization, and the number of outstanding
11and publicly held shares of the issue.

12(v) An aggregate market value for publicly held shares of at
13least three million dollars ($3,000,000).

14(B) (i) Shareholders’ equity of at least four million dollars
15($4,000,000).

16(ii) Minimum public distribution set forth in clause (iii) of
17subparagraph (A) of paragraphbegin delete (1).end deletebegin insert (3).end insert

18(iii) Operating history of at least three years.

19(iv) An aggregate market value for publicly held shares of at
20least fifteen million dollars ($15,000,000).

begin delete

21(2)

end delete

22begin insert(4)end insert Criteria for consideration of suspension or removal from
23listing:

24(A) If a company thatbegin delete (A)end delete has shareholders’ equity of less than
25one million dollars ($1,000,000) has sustained net losses in each
26of its two most recent fiscalbegin delete years, or (B)end deletebegin insert years orend insert has net tangible
27assets of less than three million dollars ($3,000,000) and has
28sustained net losses in three of its four most recent fiscal years.

29(B) If the number of shares publiclybegin delete held (excludingend deletebegin insert held,
30excludingend insert
the holdings of officers, directors, controlling
31shareholders, and other concentrated or familybegin delete holdings)end deletebegin insert holdings,end insert
32 is less than 150,000.

33(C) If the total number of shareholders is less than 400 or if the
34number of shareholders of lots of 100 shares or more is less than
35 300.

36(D) If the aggregate market value of shares publicly held is less
37than seven hundred fifty thousand dollars ($750,000).

38(E) If shares of common stock sell at a price of less than three
39dollars ($3) per share for a substantial period of time and the issuer
40shall fail to effectuate a reverse stock split of the shares within a
P83   1reasonable period of time after being requested by the exchange
2to take that action.

begin delete

3 A

end delete

4begin insert(5)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertbegin insertAend insert national securities exchange, certified by rule or order
5of the commissioner under this subdivision, shall file annual reports
6when requested to do so by the commissioner. The annual reports
7shall contain, bybegin delete issuer: theend deletebegin insert issuer, all of the following:end insert

8begin insert(i)end insertbegin insertend insertbegin insertTheend insert variances granted to an exchange’s listing standards,
9including variances from corporate governance and voting rights’
10standards, for any security of thatbegin delete issuer; theend deletebegin insert issuer.end insert

11begin insert(ii)end insertbegin insertend insertbegin insertTheend insert reasons for thebegin delete variances; aend deletebegin insert variances.end insert

12begin insert(iii)end insertbegin insertend insertbegin insertAend insert discussion of the review procedure instituted by the
13exchange to determine the effect of the variances on investors and
14whether the variances should bebegin delete continued; and anyend deletebegin insert continued.end insert

15begin insert(iv)end insertbegin insertend insertbegin insertAnyend insert other information that the commissioner deems
16relevant.begin delete Theend delete

17begin insert(B)end insertbegin insertend insertbegin insertTheend insert purpose of these reports is to assist the commissioner
18in determiningbegin delete whetherend deletebegin insert ifend insert the quantitative and qualitative
19requirements of this subdivision are substantially being met by the
20exchange in general or with regard to any particular security.

begin delete

21 The

end delete

22begin insert(6)end insertbegin insertend insertbegin insertTheend insert commissioner after appropriate notice and opportunity
23for hearing in accordance withbegin delete the provisions ofend delete the Administrative
24Procedurebegin delete Act, Chapterend deletebegin insert Act (Chapterend insert 5 (commencing with Section
2511500) of Part 1 of Division 3 of Title 2 of the Governmentbegin delete Code,end delete
26begin insert Code)end insert may, in his or her discretion, by rule or order, decertify any
27exchange previously certified that ceases substantially to apply
28the minimum standards or criteria as set forth in paragraphsbegin delete (1)
29and (2).end delete
begin insert (3) and (4).end insert

begin delete

30 A

end delete

31begin insert(7)end insertbegin insertend insertbegin insertAend insert rule or order of certification shall conclusively establish
32that any security listed or approved for listing upon notice of
33issuance on any exchange named in a rule or order of certification,
34and any warrant or right to purchase or subscribe to that security,
35is exempt under this subdivision until the adoption by the
36commissioner of any rule or order decertifying the exchange.

37(p) A promissory note secured by a lien on real property,begin delete whichend delete
38begin insert thatend insert is neither one of a series of notes of equal priority secured by
39interests in the same real property nor a note in which beneficial
40interests are sold to more than one person or entity.

P84   1(q) Any unincorporated interindemnity or reciprocal or
2interinsurance contract, that qualifies under the provisions of
3Section 1280.7 of the Insurance Code, between members of a
4cooperative corporation, organized and operating under Part 2
5(commencing with Section 12200) of Division 3 of Title 1, and
6whose members consist only of physicians and surgeons licensed
7inbegin delete California,end deletebegin insert the state,end insert which contracts indemnify solely in respect
8to medical malpractice claims against the members, and which do
9not collect in advance of loss any moneys other than contributions
10by each member to a collective reserve trust fund or for necessary
11expenses of administration.

12(1) Whenever it appears to the commissioner thatbegin delete anyend deletebegin insert aend insert person
13hasbegin delete engagedend deletebegin insert engaged,end insert or is about tobegin delete engageend deletebegin insert engage,end insert inbegin delete anyend deletebegin insert anend insert act
14or practice constituting a violation ofbegin delete any provision ofend delete Section
151280.7 of the Insurance Code, the commissioner may, in the
16commissioner’s discretion, bring an action in the name of the
17people of thebegin delete State of Californiaend deletebegin insert stateend insert in the superior court to enjoin
18the acts or practices or to enforce compliance with Section 1280.7
19of the Insurance Code. Upon a proper showing a permanent or
20preliminary injunction, a restraining order, or a writ of mandate
21shall be granted and a receiver or conservator may be appointed
22for the defendant or the defendant’s assets.

23(2) The commissioner may, in the commissioner’s discretion,
24begin delete (A)end delete make public or private investigations within or outside ofbegin delete thisend delete
25begin insert theend insert state as the commissioner deems necessary to determine
26begin delete whether anyend deletebegin insert if aend insert person has violated or is about to violatebegin delete any
27provision ofend delete
Section 1280.7 of the Insurance Code or to aid in the
28enforcement of Section 1280.7, andbegin delete (B)end delete publish information
29concerning the violation of Section 1280.7.

30(3) Forbegin delete the purpose of anyend deletebegin insert purposes of anend insert investigation or
31proceeding under this section, the commissioner or any officer
32designated by the commissioner may administer oaths and
33affirmations, subpoena witnesses, compel their attendance, take
34evidence, and require the production of any books, papers,
35correspondence, memoranda, agreements, or other documents or
36recordsbegin delete whichend deletebegin insert thatend insert the commissioner deems relevant or material
37to the inquiry.

38(4) In case of contumacy by, or refusal to obey a subpoena
39issued to, any person, the superior court, upon application by the
40commissioner, may issue to the person an order requiring the
P85   1person to appear before the commissioner, or the officer designated
2by the commissioner, to produce documentary evidence, if so
3ordered, or to give evidence touching the matter under investigation
4or in question. Failure to obey the order of the court may be
5punished by the court as a contempt.

6(5) No person is excused from attending or testifying or from
7producing any document or record before the commissioner or in
8obedience to the subpoena of the commissioner or any officer
9designated by the commissioner, or in any proceeding instituted
10by the commissioner, on the ground that the testimony orbegin delete evidence
11(documentaryend delete
begin insert evidence, documentaryend insert orbegin delete otherwise),end deletebegin insert otherwise,end insert
12 required of the person may tend to incriminate the person or subject
13the person to a penalty or forfeiture, but no individual may be
14prosecuted or subjected to any penalty or forfeiturebegin delete forend deletebegin insert for,end insert or on
15accountbegin delete ofend deletebegin insert of,end insert any transaction, matter, or thing concerning which
16the person is compelled, after validly claiming the privilege against
17self-incrimination, to testify or producebegin delete evidence (documentaryend delete
18begin insert evidence, documentaryend insert orbegin delete otherwise),end deletebegin insert otherwise,end insert except that the
19individual testifying is not exempt from prosecution and
20punishment for perjury or contempt committed in testifying.

21(6) begin insert(A)end insertbegin insertend insert The cost of any review, examination, audit, or
22investigation made by the commissioner under Section 1280.7 of
23the Insurance Code shall be paid to the commissioner by the person
24subject to the review, examination, audit, or investigation, and the
25commissioner may maintain an action for the recovery of these
26costs in any court of competent jurisdiction. In determining the
27cost, the commissioner may use the actual amount of the salary or
28other compensation paid to the persons making the review,
29examination, audit, or investigation plus the actual amount of
30expenses including overhead reasonably incurred in the
31performance of the work.

begin delete

32 The

end delete

33begin insert(B)end insertbegin insertend insertbegin insertTheend insert recoverable cost of each review, examination, audit, or
34investigation made by the commissioner under Section 1280.7 of
35the Insurance Code shall not exceed twenty-five thousand dollars
36($25,000), except that costs exceeding twenty-five thousand dollars
37($25,000) shall be recoverable if the costs are necessary to prevent
38a violation ofbegin delete any provision ofend delete Section 1280.7 of the Insurance
39Code.

P86   1(r) Any shares or memberships issued by any corporation
2organized and existing pursuant to the provisions of Part 2
3(commencing with Section 12200) of Division 3 of Title 1,
4begin delete providedend deletebegin insert ifend insert the aggregate investment of any shareholder or member
5in shares or memberships sold pursuant to this subdivision does
6not exceed one thousand dollars ($1,000). This exemption does
7not apply to the shares or memberships of that corporation if any
8promoter thereof expects or intends to make a profit directly or
9indirectly from any business or activity associated with the
10corporation or the operation of the corporation or from
11remuneration, other than reasonable salary, received from the
12corporation. This exemption does not apply to nonvoting shares
13or memberships of that corporation issued to any person who does
14not possess, and who will not acquire in connection with the
15issuance of nonvoting shares or memberships, votingbegin delete power
16(Section 12253)end delete
begin insert power, as defined in Section 12253,end insert in the
17corporation. This exemptionbegin delete alsoend delete does not apply to shares or
18memberships issued by a nonprofit cooperative corporation
19organized to facilitate the creation of an unincorporated
20interindemnity arrangement that provides indemnification for
21medical malpractice to its physician and surgeon members as set
22forth in subdivision (q).

23(s) Any security consisting of or representing an interest in a
24pool of mortgage loans that meetsbegin delete eachend deletebegin insert allend insert of the following
25requirements:

26(1) The pool consists of whole mortgage loans or participation
27interests in those loans, which loans were originated or acquired
28 in the ordinary course of business by a national bank or federal
29savings association or federal savings bank having its principal
30office in this state, by a bank incorporated under the laws of this
31begin delete stateend deletebegin insert state,end insert or by a savings association as defined in subdivision
32(a) of Section 5102 of the Financial Code andbegin delete whichend deletebegin insert thatend insert is subject
33to the supervision and regulation of thebegin delete Commissioner of Financial
34Institutions,end delete
begin insert commissioner,end insert and each of which at the time of transfer
35to the pool is an authorized investment for the originating or
36acquiring institution.

37(2) The pool of mortgage loans is held in trust by a trusteebegin delete whichend delete
38begin insert thatend insert is a financial institution specified in paragraph (1) as trustee
39or otherwise.

P87   1(3) The loans are serviced by a financial institution specified in
2paragraph (1).

3(4) The security is not offered in amounts of less than
4twenty-five thousand dollars ($25,000) in the aggregate to any one
5purchaser.

6(5) The security is offered pursuant to a registration under the
7Securities Act of 1933, or pursuant to an exemption under
8Regulation A under that act, or in the opinion of counsel for the
9issuer, is offered pursuant to an exemption under Section 4(2) of
10that act.

11(t) (1) Any security issued or guaranteed by and representing
12an interestbegin delete inend deletebegin insert in,end insert or a direct obligationbegin delete ofend deletebegin insert of,end insert an industrial loan
13company incorporated under the laws of the state and authorized
14by the begin delete Commissioner of Financial Institutionsend delete begin insert commissionerend insert to
15engage in industrial loan business.

16(2) Any investment certificate in or issued bybegin delete anyend deletebegin insert anend insert industrial
17loan company that is organized under the laws of a state of the
18United States other than this state, that is insured by the Federal
19Deposit Insurance Corporation, and that maintains a branch office
20in this state.

21

SEC. 51.  

Section 25247 of the Corporations Code is amended
22to read:

23

25247.  

(a) Upon written or oral request, the commissioner
24shall make available to any person the information specified in
25Section 6254.12 of the Government Code and made available
26through the Public Disclosure Program of the Financial Industry
27Regulatory Authority with respect to any broker-dealer or agent
28licensed or regulated under this part. The commissioner shall also
29make available the current license status and the year of issuance
30of the license of a broker-dealer. Any information disclosed
31pursuant to this subdivision shall constitute a public record.
32Notwithstanding any otherbegin delete provisions ofend delete law, the commissioner
33may disclose either orally or in writing that information pursuant
34to this subdivision. There shall be no liability on the partbegin delete ofend deletebegin insert of,end insert and
35no cause of action of any nature shall arisebegin delete against the State of
36California,end delete
begin insert against, the state,end insert the Department of Business
37Oversight, the Commissioner of Business Oversight, or any officer,
38agent, or employee of the state orbegin delete ofend delete the Department of Business
39Oversight for the release of any false or unauthorized information,
P88   1unless the release of that information was done with knowledge
2and malice.

3(b) Any broker-dealer or agent licensed or regulated under this
4partbegin delete shallend deletebegin insert shall,end insert uponbegin delete requestend deletebegin insert request,end insert deliver a written notice to
5any client when a new account is opened stating that information
6about the license status or disciplinary record of a broker-dealer
7or an agent may be obtained from thebegin delete Departmentend deletebegin insert Divisionend insert of
8Corporations, or from any other source that provides substantially
9similar information.

10(c) The notice provided under subdivision (b) shall contain the
11office location or telephone number where the information may
12be obtained.

13(d) A broker-dealer or agentbegin delete shall beend deletebegin insert isend insert exempt from providing
14the notice required under subdivision (b) if a person who does not
15have a financial relationship with the broker-dealer or agent,
16requests only general operational information such as the nature
17of the broker-dealer’s or agent’s business, office location, hours
18of operation, basic services, and fees, but does not solicit advice
19regarding investments or other services offered.

20(e) Upon written or oral request, the commissioner shall make
21available to any person the disciplinary records maintained on the
22Investment Adviser Registration Depository and made available
23through the Investment Advisor Public Disclosurebegin insert Internetend insert Web
24sitebegin delete with respectend deletebegin insert asend insert to any investment adviser, investment adviser
25representative, or associated person of an investment adviser
26licensed or regulated under this part. The commissioner shall also
27make available the current license status and the year of issuance
28of the license of an investment adviser. Any information disclosed
29pursuant to this subdivision shall constitute a public record.
30Notwithstanding any otherbegin delete provision ofend delete law, the commissioner
31may disclose that information either orally or in writing pursuant
32to this subdivision. There shall be no liability on the partbegin delete ofend deletebegin insert of,end insert and
33no cause of action of any nature shall arisebegin delete against the State of
34California,end delete
begin insert against, the state,end insert the Department of Business
35Oversight, the Commissioner of Business Oversight, or any officer,
36agent, or employee of the state orbegin delete ofend delete the Department of Business
37Oversight for the release of any false or unauthorized information,
38unless the release of that information was done with knowledge
39and malice.

P89   1(f) Section 461 of the Business and Professions Code shall not begin delete2 be applicableend delete begin insert applyend insert to thebegin delete Departmentend deletebegin insert Divisionend insert of Corporations
3when using a national, uniform application adopted or approved
4for use by the Securities and Exchange Commission, the North
5American Securities Administrators Association, or the Financial
6Industry Regulatory Authority that is required for participation in
7the Central Registration Depository or the Investment Adviser
8Registration Depository.

9(g) This section shall not require the disclosure of criminal
10history record information maintained by the Federal Bureau of
11Investigation pursuant to Section 534 of Title 28 of the United
12States Code, and the rules thereunder, or information not otherwise
13subject to disclosure under the Information Practices Act of 1977.

14

SEC. 52.  

Section 221.6 of the Education Code is amended to
15read:

16

221.6.  

begin deleteTitle IX: by end deletebegin insertOn or before end insertJuly 1, 2006, the department
17shall post on itsbegin insert Internetend insert Web site, in both English and Spanish
18and at a reading level that may be comprehended by pupils in high
19school, the information set forth in the federal regulations
20implementing Title IX of the Education Amendments of 1972 (20
21U.S.C. Sec. 1681 et seq.).

22

SEC. 53.  

Section 1313 of the Education Code is amended to
23read:

24

1313.  

Each county employee whose status is changed by this
25article, and who is in employment and a member of a county
26retirement system other than one provided by contract with the
27Public Employees’ Retirement System on the date of the change,
28shall become eligible for membership in the Public Employees’
29Retirement System in accordance with the Public Employees’
30Retirement Law with respect to his or her employment thereafter,
31and shall be subject to the reciprocal benefits provided bybegin delete said
32systems; provided, thatend delete
begin insert those systems. However,end insert the employee may
33elect to continue in membership of the county retirement system
34with respect to his or her employment thereafter, in which event
35the same appropriations and transfers of funds shall be made to
36the retirement fund of the county system for the employee as those
37required of the county under the county retirement law, and these
38amounts shall be legal charges against the county school service
39fund. The election authorized by this section shall be made no later
40than the date preceding the date upon which hisbegin insert or herend insert status is
P90   1changed in accordance with procedures to be established by the
2begin insert countyend insert board of supervisors, which shall allow at least 30 days to
3make the election. The election once made shall not be rescinded.
4An employee who does not elect to continue membership in the
5county system shall be deemed to have discontinued county
6employment for purposes of the county system at the close of the
7day preceding the date upon which hisbegin insert or herend insert status changes.

8

SEC. 54.  

Section 8340.4 of the Education Code is amended to
9read:

10

8340.4.  

The county shall, by the end of the first fiscal year of
11operation under the approved child care subsidy plan, demonstrate,
12in the report required pursuant to Section 8340.5, an increase in
13the aggregate days a child is enrolled in child care in the county
14as compared to the enrollment in the final quarter of thebegin delete 2014-2015end delete
15begin insert 2014-end insertbegin insert15end insert fiscal year.

16

SEC. 55.  

Section 17250.25 of the Education Code, as added
17by Section 2 of Chapter 752 of the Statutes of 2015, is amended
18to read:

19

17250.25.  

The procurement process for design-build projects
20shall progress as follows:

21(a) (1) The school district shall prepare a set of documents
22setting forth the scope and estimated price of the project. The
23documents may include, but are not limited to, the size, type, and
24desired design character of the project, performance specifications
25covering the quality of materials, equipment, workmanship,
26preliminary plans or building layouts, or any other information
27deemed necessary to describe adequately the school district’s
28needs. The performance specifications and any plans shall be
29prepared by a design professional who is duly licensed and
30registered inbegin delete California.end deletebegin insert the state.end insert

31(2) The documents shall not include a design-build-operate
32contract for a project. The documents, however, may include
33operations during a training or transition period, but shall not
34include long-term operations for a project.

35(b) The school district shall prepare and issue a request for
36qualifications in order to prequalify, or develop a short-list of, the
37design-build entities whose proposals shall be evaluated for final
38selection. The request for qualifications shall include, but is not
39limited to, all of the following elements:

P91   1(1) Identification of the basic scope and needs of the project or
2contract, the expected cost range, the methodology that will be
3used by the school district to evaluate proposals, the procedure for
4final selection of the design-build entity, and any other information
5deemed necessary by the school district to inform interested parties
6of the contracting opportunity.

7(2) Significant factors that the school district reasonably expects
8to consider in evaluating qualifications, including technical design
9and construction expertise, acceptable safety record, and all other
10nonprice-related factors.

11(3) A standard template request for statements of qualifications
12prepared by the school district. In preparing the standard template,
13the school district may consult with the construction industry, the
14building trades and surety industry, and other school districts
15interested in using the authorization provided by this chapter. The
16template shall require the following information:

17(A) If the design-build entity is a privately held corporation,
18limited liability company, partnership, or joint venture, a listing
19of all of the shareholders, partners, or members known at the time
20of statement of qualification submission who will perform work
21on the project.

22(B) Evidence that the members of the design-build team have
23completed, or demonstrated the experience, competency, capability,
24and capacity to complete, projects of similar size, scope, or
25complexity, and that the proposed key personnel have sufficient
26experience and training to competently manage and complete the
27design and construction of thebegin delete project, and aend deletebegin insert project.end insert

28begin insert(C)end insertbegin insertend insertbegin insert Aend insert financial statement that ensures that the design-build
29entity has the capacity to complete the project.

begin delete

30(C)

end delete

31begin insert(D)end insert The licenses, registration, and credentials required to design
32and construct the project, including, but not limited to, information
33on the revocation or suspension of any license, credential, or
34registration.

begin delete

35(D)

end delete

36begin insert(E)end insert Evidence that establishes that the design-build entity has
37the capacity to obtain all required payment and performance
38bonding, liability insurance, and errors and omissions insurance.

begin delete

39(E)

end delete

P92   1begin insert(F)end insert Information concerning workers’ compensation experience
2history and a worker safety program.

begin delete

3(F)

end delete

4begin insert(G)end insert If the proposed design-build entity is a corporation, limited
5liability company, partnership, joint venture, or other legal entity,
6a copy of the organizational documents or agreement committing
7to form the organization.

begin delete

8(G)

end delete

9begin insert(H)end insert An acceptable safety record. A proposer’s safety record
10shall be deemed acceptable if its experience modification rate for
11the most recent three-year period is an average of 1.00 or less, and
12its average total recordable injury or illness rate and average lost
13work rate for the most recent three-year period does not exceed
14the applicable statistical standards for its business category, or if
15the proposer is a party to an alternative dispute resolution system,
16as provided for in Section 3201.5 of the Labor Code.

begin delete

17(4) (A)  The

end delete

18begin insert(c)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertTheend insert information required underbegin delete this subdivisionend deletebegin insert a
19standard template pursuant to paragraph (3) of subdivision (b)end insert

20 shall be certified under penalty of perjury by the design-build entity
21and its general partners or joint venture members.

begin delete

22(B)

end delete

23begin insert(2)end insert Information required underbegin delete this subdivisionend deletebegin insert a standard
24template pursuant to paragraph (3) of subdivision (b)end insert
that is not
25otherwise a public record under the California Public Records Act
26(Chapter 3.5 (commencing with Section 6250) of Division 7 of
27Title 1 of the Government Code) shall not be open to public
28inspection.

begin delete

29(c)

end delete

30begin insert(d)end insert A design-build entity shall not be prequalified or shortlisted
31unless the entity provides an enforceable commitment to the school
32district that the entity and its subcontractors at every tier will use
33a skilled and trained workforce to perform all work on the project
34or contract that falls within an apprenticeable occupation in the
35building and construction trades.

36(1) For purposes of this subdivision:

37(A) “Apprenticeable occupation” means an occupation for which
38the Chief of the Division of Apprenticeship Standards had approved
39an apprenticeship program pursuant to Section 3075 of the Labor
40Code before January 1, 2014.

P93   1(B) “Skilled and trained workforce” means a workforce that
2meets all of the following conditions:

3(i) All the workers are either skilled journeypersons or
4apprentices registered in an apprenticeship program approved by
5the Chief of the Division of Apprenticeship Standards.

6(ii) (I) As of July 1, 2016, at least 20 percent of the skilled
7journeypersons employed to perform work on the contract or
8project by the entity and each of its subcontractors at every tier
9are graduates of an apprenticeship program for the applicable
10occupation that was either approved by the Chief of the Division
11of Apprenticeship Standards pursuant to Section 3075 of the Labor
12Code or located outsidebegin delete Californiaend deletebegin insert the stateend insert and approved for
13federal purposes pursuant to the apprenticeship regulations adopted
14by the federal Secretary of Labor.

15(II) As of July 1, 2017, at least 30 percent of the skilled
16journeypersons employed to perform work on the contract or
17project by the entity and each of its subcontractors at every tier
18are graduates of an apprenticeship program for the applicable
19occupation that was either approved by the Chief of the Division
20of Apprenticeship Standards pursuant to Section 3075 of the Labor
21Code or located outsidebegin delete Californiaend deletebegin insert the stateend insert and approved for
22federal purposes pursuant to the apprenticeship regulations adopted
23by the federal Secretary of Labor.

24(III) As of July 1, 2018, at least 40 percent of the skilled
25journeypersons employed to perform work on the contract or
26project by the entity and each of its subcontractors at every tier
27are graduates of an apprenticeship program for the applicable
28occupation that was either approved by the Chief of the Division
29of Apprenticeship Standards pursuant to Section 3075 of the Labor
30Code or located outsidebegin delete Californiaend deletebegin insert the stateend insert and approved for
31federal purposes pursuant to the apprenticeship regulations adopted
32by the federal Secretary of Labor.

33(IV) As of July 1, 2019, at least 50 percent of the skilled
34journeypersons employed to perform work on the contract or
35project by the entity and each of its subcontractors at every tier
36are graduates of an apprenticeship program for the applicable
37occupation that was either approved by the Chief of the Division
38of Apprenticeship Standards pursuant to Section 3075 of the Labor
39Code or located outsidebegin delete Californiaend deletebegin insert the stateend insert and approved for
P94   1federal purposes pursuant to the apprenticeship regulations adopted
2by the federal Secretary of Labor.

3(V) As of July 1, 2020, at least 60 percent of the skilled
4journeypersons employed to perform work on the contract or
5project by the entity and each of its subcontractors at every tier
6are graduates of an apprenticeship program for the applicable
7occupation that was either approved by the Chief of the Division
8of Apprenticeship Standards pursuant to Section 3075 of the Labor
9Code or located outsidebegin delete Californiaend deletebegin insert the stateend insert and approved for
10federal purposes pursuant to the apprenticeship regulations adopted
11by the federal Secretary of Labor.

12(iii) For an apprenticeable occupation in which no apprenticeship
13program had been approved by the Chief of the Division of
14Apprenticeship Standards before January 1, 1995, up to one-half
15of the graduation percentage requirements of clause (ii) may be
16satisfied by skilled journeypersons who commenced working in
17the apprenticeable occupationbegin delete prior toend deletebegin insert beforeend insert the chief’s approval
18of an apprenticeship program for that occupation in the county in
19which the project is located.

20(C) “Skilled journeyperson” means a worker who either:

21(i) Graduated from an apprenticeship program for the applicable
22occupation that wasbegin insert eitherend insert approved by the Chief of the Division
23of Apprenticeship Standards or located outsidebegin delete Californiaend deletebegin insert the stateend insert
24 and approved for federal purposes pursuant to the apprenticeship
25regulations adopted by the federal Secretary of Labor.

26(ii) Has at least as many hours of on-the-job experience in the
27applicable occupation as would be required to graduate from an
28apprenticeship program for the applicable occupation that is
29approved by the chief.

30(2) An entity’s commitment that a skilled and trained workforce
31will be used to perform the project or contract may be established
32by any of the following:

33(A) The entity’s agreement with the school district that the entity
34and its subcontractors at every tier will comply with the
35requirements of this subdivision and that the entity will provide
36the school district with evidence, on a monthly basis while the
37project or contract is being performed, that the entity and its
38subcontractors are complying with the requirements of this
39subdivision.

P95   1(B) If the school district has entered into a project labor
2agreement that will bind all contractors and subcontractors
3performing work on the project or contract and that includes the
4requirements of this subdivision, the entity’s agreement that it will
5become a party to that project labor agreement.

6(C) Evidence that the entity has entered into a project labor
7agreement that includes the requirements of this subdivision and
8that will bind the entity and all its subcontractors at every tier
9performing the project or contract.

begin delete

10(d)

end delete

11begin insert(e)end insertbegin insert(1)end insertbegin insertend insert Based on the documents prepared as described in
12subdivision (a), the school district shall prepare a request for
13proposals that invites prequalified or short-listed entities to submit
14competitive sealed proposals in the manner prescribed by the
15school district. The request for proposals shall include, but need
16not be limited to, the following elements:

begin delete

17(1)

end delete

18begin insert(A)end insert Identification of the basic scope and needs of the project or
19contract, the estimated cost of the project, the methodology that
20will be used by the school district to evaluate proposals, whether
21the contract will be awarded on the basis of low bid or best value,
22and any other information deemed necessary by the school district
23to inform interested parties of the contracting opportunity.

begin delete

24(2)

end delete

25begin insert(B)end insert Significant factors that the school district reasonably expects
26to consider in evaluating proposals, including, but not limited to,
27cost or price and all nonprice-related factors.

begin delete

28(3)

end delete

29begin insert(C)end insert The relative importance or the weight assigned to each of
30the factors identified in the request for proposals.

begin delete

31(4)

end delete

32begin insert(2)end insert Where a best value selection method is used, the school
33district may reserve the right to request proposal revisions and
34hold discussions and negotiations with responsive proposers, in
35which case the school district shall so specify in the request for
36proposals and shall publish separately or incorporate into the
37request for proposals applicable procedures to be observed by the
38school district to ensure that any discussions or negotiations are
39conducted in good faith.

begin delete

40(e)

end delete

P96   1begin insert(f)end insert For those projectsbegin delete utilizingend deletebegin insert usingend insert low bid as the final selection
2method, the competitive bidding process shall result in lump-sum
3bids by the prequalified or short-listed design-build entities, and
4awards shall be made to the design-build entity that is the lowest
5responsible bidder.

begin delete

6(f)

end delete

7begin insert(g)end insert For those projectsbegin delete utilizingend deletebegin insert usingend insert best value as a selection
8method, the design-build competition shall progress as follows:

9(1) Competitive proposals shall be evaluated by using only the
10criteria and selection procedures specifically identified in the
11request for proposals. The following minimum factors, however,
12shall be weighted as deemed appropriate by the school district:

13(A) Price, unless a stipulated sum is specified.

14(B) Technical design and construction expertise.

15(C) Life-cycle costs over 15 or more years.

16(2) Pursuant tobegin delete subdivision (d),end deletebegin insert paragraph (2) of subdivision
17(e),end insert
the school district may hold discussions or negotiations with
18responsive proposers using the process articulated in the school
19district’s request for proposals.

20(3) When the evaluation is complete, the responsive proposers
21shall be ranked based on a determination of value provided,
22begin delete provided thatend deletebegin insert andend insert no more than three proposers are required to be
23ranked.

24(4) The award of the contract shall be made to the responsible
25design-build entity whose proposal is determined by the school
26district to have offered the best value to the public.

27(5) Notwithstanding any otherbegin delete provision ofend delete law, upon issuance
28of a contract award, the school district shall publicly announce its
29award, identifying the design-build entity to which the award is
30made, along with a statement regarding the basis of the award.

31(6) The statement regarding the school district’s contract award,
32described in paragraph (5), and the contract file shall provide
33sufficient information to satisfy an external audit.

34

SEC. 56.  

Section 17250.35 of the Education Code, as added
35by Section 2 of Chapter 752 of the Statutes of 2015, is amended
36to read:

37

17250.35.  

begin insert(a)end insertbegin insertend insert The school district, in each design-build request
38for proposals, may identify specific types of subcontractors that
39must be included in the design-build entity statement of
40qualifications and proposal. All construction subcontractors that
P97   1are identified in the proposal shall be afforded all the protections
2of Chapter 4 (commencing with Section 4100) of Part 1 of Division
32 of the Public Contract Code.

begin delete

4(a)

end delete

5begin insert(b)end insert Following award of the design-build contract, the
6design-build entity shall proceed as follows in awarding
7construction subcontracts with a value exceeding one-half of 1
8percent of the contract price allocable to construction work:

9(1) Provide public notice of availability of work to be
10subcontracted in accordance with the publication requirements
11applicable to the competitive bidding process of the school district,
12including a fixed date and time on which qualifications statements,
13bids, or proposals will be due.

14(2) Establish reasonable qualification criteria and standards.

15(3) Award the subcontract either on a best value basis or to the
16lowest responsible bidder. The process may include prequalification
17or short-listing. The foregoing process does not apply to
18construction subcontractors listed in the original proposal.
19Subcontractors awarded construction subcontracts under this
20subdivision shall be afforded all the protections of Chapter 4
21(commencing with Section 4100) of Part 1 of Division 2 of the
22Public Contract Code.

23

SEC. 57.  

Section 33353.7 of the Education Code is amended
24to read:

25

33353.7.  

(a) No later than July 1, 2017, the California
26Interscholastic Federation, in consultation with the department,
27shall develop guidelines, procedures, and safety standards for the
28purpose of classifying competition cheer as an interscholastic sport
29that is consistent with the United States Department of Education’s
30Office for Civil Rights’ definition of a sport.

31(b) For purposes of this section, “competition cheer” means a
32sport in which teams participate in direct, head-to-head competition
33with one another using an objective scoring system.

34(c) The California Interscholastic Federation shall seek a United
35States Department of Education Officebegin delete ofend deletebegin insert forend insert Civil Rights Title
36IX compliance designation for competition cheer. Competition
37cheer shall not be countedbegin delete towardsend deletebegin insert towardend insert a school’s Title IX
38compliance unless the United States Department of Education’s
39Office for Civil Rights deems competition cheer compliant with
40its definition of a sport.

P98   1

SEC. 58.  

Section 41360 of the Education Code is amended to
2read:

3

41360.  

(a) Loans may be made from moneys in the Public
4School District Organization Revolving Fund to newly organized
5elementary, high school, or unified school districts upon application
6of the governing board of any such school district, certified by the
7county superintendent of schools and approved by the
8Superintendent for use by the school district during the period
9from the date the action to form the school district was completed
10and the date the school district becomes effective for all purposes.
11Money loaned to a school district pursuant to this section shall be
12used only to meet one or more of the following:

13(1) The expenses of office rental, office supplies, postage,
14telephone, and telegraphing.

15(2) The expenses of necessary elections required by law or
16authorized by Section 35532.

17(3) The expenses of employing, the salary of, and necessary
18travel expenses of officers and necessary clerical help for the
19governing board of the school district.

20(b) During each of the two successive fiscal years commencing
21with the first fiscal year of the existence of the school district for
22all purposes, thebegin delete Stateend delete Controller shall deduct from apportionments
23made to that school district an amount equal to one-half of the
24amount loaned to that school district under this section and pay
25the same amount into the Public School District Organization
26Revolving Fund in the State Treasury.

27

SEC. 59.  

Section 41422 of the Education Code is amended to
28read:

29

41422.  

(a) A school district, county office of education, or
30charter school that is prevented from maintaining its schools during
31a fiscal year for at least 175 days or is required to operate sessions
32of shorter length than otherwise prescribed by law because of fire,
33flood, earthquake, or epidemic, or because of any order of any
34military officer of the United States or of the state to meet an
35emergency created by war, or of any civil officer of the United
36States, of the state, or of any county, city and county, or city
37authorized to issue that order to meet an emergency created by
38war, or because of other extraordinary conditions, or because of
39inability to secure or hold a teacher, or because of the illness of
40the teacher, which fact shall be shown to the satisfaction of the
P99   1Superintendent by the affidavits of the members of the governing
2board of the school district, the governing board of the county
3office of education, or the governing boardbegin insert or bodyend insert of the charter
4school and of the county superintendent of schools, shall receive
5the same apportionment from the State School Fund as it would
6have received had it not been so prevented from maintaining school
7for at least 175 full-length days.

8(b) This section shall also apply to schoolbegin delete districtsend deletebegin insert districts,end insert
9 county offices of education, or charter schools that, in the absence
10of one or more of the conditions prescribed by this section, would
11have qualified for funds pursuant to Sections 46200 to 46208,
12inclusive, or Section 47612.5, as applicable.

13

SEC. 60.  

Section 42925 of the Education Code is amended to
14read:

15

42925.  

(a) As a condition of receiving funds, each county
16office of education and consortium of county offices of education
17with a foster youth services coordinating program operated
18pursuant to this chapter shall, to the extent possible, develop and
19enter into a memorandum of understanding, contract, or formal
20agreement with the county child welfare agency pursuant to which
21foster youth services coordinating program funds shall be used, to
22the maximum extent possible, to leverage funds received pursuant
23to Titlebegin delete IV-Eend deletebegin insert IV-Eend insert of the federal Social Security Act (42 U.S.C.
24Sec. 670 et seq.) and any other funds that may be used to
25specifically address the educational needs of pupils in foster care,
26or they shall explain in writing, annually, why a memorandum of
27understanding is not practical or feasible.

28(b) To the extent possible, each foster youth services
29coordinating program is encouraged to consider leveraging other
30local funding opportunities to support the educational success of
31pupils in foster care.

32

SEC. 61.  

Section 44977.5 of the Education Code is amended
33to read:

34

44977.5.  

(a) During each school year, when a person employed
35in a position requiring certification qualifications has exhausted
36all available sick leave, including all accumulated sick leave, and
37continues to be absent from his or her duties on account of
38maternity or paternity leave pursuant to Section 12945.2 of the
39Government Code for a period of up to 12 school weeks, whether
40or not the absence arises out of or in the course of the employment
P100  1of the employee, the amount deducted from the salary due him or
2her for any of the additional 12 weeks in which the absence occurs
3shall not exceed the sum that is actually paid a substitute employee
4employed to fill his or her position during his or her absence or,
5ifbegin delete noend deletebegin insert aend insert substitute employee wasbegin insert notend insert employed, the amount that
6would have been paid to the substitute had he or she been
7employed. The school district shall make every reasonable effort
8to secure the services of a substitute employee.

9(b) For purposes of subdivision (a):

10(1) The 12-week period shall be reduced by any period of sick
11leave, including accumulated sick leave, taken during a period of
12maternity or paternity leave pursuant Section 12945.2 of the
13Government Code.

14(2) An employee shall not be provided more than one 12-week
15period per maternity or paternity leave. However, if a school year
16terminates before the 12-week period is exhausted, the employee
17may take the balance of the 12-week period in the subsequent
18school year.

19(3) An employee on maternity or paternity leave pursuant to
20Section 12945.2 of the Government Code shall not be denied access
21to differentialbegin delete payend deletebegin insert pay, as specified in subdivision (a),end insert while on
22that leave.

23(c) This sectionbegin delete shall be applicableend deletebegin insert appliesend insert whether or not the
24absence from duty is by reason of a leave of absence granted by
25the governing board of the employing school district.

26(d) To the extent that this section conflicts with a provision of
27a collective bargaining agreement entered into by a public school
28employer and an exclusive bargaining representative before January
291, 2016, pursuant to Chapter 10.7 (commencing with Section 3540)
30of Division 4 of Title 1 of the Government Code, this section shall
31not apply until expiration or renewal of that collective bargaining
32agreement.

33(e) For purposes of this section, “maternity or paternity leave”
34means leave for reason of the birth of a child of the employee, or
35the placement of a child with an employee in connection with the
36adoption or foster care of the child by the employee.

37

SEC. 62.  

Section 44984 of the Education Code is amended to
38read:

39

44984.  

(a) The governing board of a school district shall
40provide by rules and regulations for industrial accident and illness
P101  1leaves of absence for all certificated employees. The governing
2board of abegin insert schoolend insert district that is created or whose boundaries or
3status is changed by an action to organize or reorganizebegin insert schoolend insert
4 districts completed after the effective date of this section shall
5provide by rules and regulations for these leaves of absence on or
6before the date on which the organization or reorganization of the
7begin insert schoolend insert district becomes effective for all purposes.

8(b) The rules or regulations shall include the following
9provisions:

10(1) Allowable leave shall be for not less than 60 days during
11which the schools of thebegin insert schoolend insert district are required to be in session
12or when the employee would otherwise have been performing
13work for thebegin insert schoolend insert district in any one fiscal year for the same
14accident.

15(2) Allowable leave shall not be accumulated from year to year.

16(3) Industrial accident or illness leave shall commence on the
17first day of absence.

18(4) (A)  begin deleteWhen end deletebegin insertIf end inserta certificated employee is absent from his or
19her duties on account of an industrial accident or illness, he or she
20shall be paid the portion of the salary due him or her for any month
21in which the absence occurs as, when added to his or her temporary
22disability indemnity under Division 4 or Division 4.5 of the Labor
23Code, will result in a payment to him or her of not more than his
24or her full salary.

25(B) The phrase “full salary” asbegin delete utilizedend deletebegin insert usedend insert in this subdivision
26 shall be computed so that it shall not be less than the employee’s
27“average weekly earnings” as that phrase isbegin delete utilizedend deletebegin insert usedend insert in Section
284453 of the Labor Code. For purposes of this section, however,
29the maximum and minimum average weekly earnings set forth in
30Section 4453 of the Labor Code shall otherwise not be deemed
31applicable.

32(5) Industrial accident or illness leave shall be reduced by one
33day for each day of authorized absence regardless of a temporary
34disability indemnity award.

35(6) When an industrial accident or illness leave overlaps into
36the next fiscal year, the employee shall be entitled to only the
37amount of unused leave due him or her for the same illness or
38injury.

39(c) Upon termination of the industrial accident or illness leave,
40the employee shall be entitled to the benefits provided in Sections
P102  144977,begin delete 44978end deletebegin insert 44978,end insert and 44983, and forbegin delete theend delete purposes of each of
2these sections, the employee’s absence shall be deemed to have
3commenced on the date of termination of the industrial accident
4or illness leave, provided that if the employee continues to receive
5temporary disability indemnity, the employee may elect to take as
6much of his or her accumulated sick leavebegin delete which,end deletebegin insert as,end insert when added
7to his or her temporary disability indemnity, will result in a
8payment to him or her of not more than his or her full salary.

9(d) The governing board of abegin insert schoolend insert district may, by rule or
10regulation, provide for an additional leave of absence for industrial
11accident or illness as it deems appropriate.

12(e) During a paid leave of absence, the employee may endorse
13to thebegin insert schoolend insert district the temporary disability indemnity checks
14received on account of the employee’s industrial accident or illness.
15Thebegin insert schoolend insert district, in turn, shall issue the employee appropriate
16salary warrants for payment of the employee’s salary and shall
17deduct normal retirement, other authorized contributions, and the
18temporary disability indemnity, if any, actually paid to and retained
19by the employee for periods covered by the salary warrants.

20(f) In the absence of rules and regulations adopted by the
21governing board of abegin insert schoolend insert district pursuant to this section, an
22employee shall be entitled to industrial accident or illness leave
23as provided in this section but without limitation as to the number
24of days ofbegin delete thisend deletebegin insert thatend insert leave.

25

SEC. 63.  

Section 45192 of the Education Code is amended to
26read:

27

45192.  

(a) The governing board of a school district shall
28provide by rules and regulations for industrial accident or illness
29leaves of absence for employees who are a part of the classified
30service. The governing board of abegin insert schoolend insert district that is created or
31whose boundaries or status is changed by an action to organize or
32reorganizebegin insert schoolend insert districts completed after the effective date of
33this section shall provide by rules and regulations for these leaves
34of absence on or before the date on which the organization or
35reorganization of thebegin insert schoolend insert district becomes effective for all
36purposes.

37(b) The rules and regulations shall include the following
38provisions:

39(1) Allowable leave shall not be for less than 60 working days
40in any one fiscal year for the same accident.

P103  1(2) Allowable leave shall not be accumulative from year to year.

2(3) Industrial accident or illness leave will commence on the
3first day of absence.

4(4) Payment for wages lost on any day shall not, when added
5to an award granted the employee under the workers’ compensation
6laws of this state, exceed the normal wage for the day.

7(5) Industrial accident leave will be reduced by one day for each
8day of authorized absence regardless of a compensation award
9made under workers’ compensation.

10(6) When an industrial accident or illness occurs at a time when
11the full 60 days will overlap into the next fiscal year, the employee
12shall be entitled to only that amount remaining at the end of the
13fiscal year in which the injury or illness occurred, for the same
14illness or injury.

15(c) The industrial accident or illness leave of absence is to be
16used in lieu of entitlement acquired under Section 45191. When
17entitlement to industrial accident or illness leave has been
18exhausted, entitlement or other sick leave will then bebegin delete used;end deletebegin insert used,end insert
19 but if an employee is receiving workers’begin delete compensationend delete
20begin insert compensation,end insert the employee shall be entitled to use only so much
21of his or her accumulated or available sick leave, accumulated
22compensating time,begin delete vacationend deletebegin insert vacation,end insert or other available leave
23begin delete that,end deletebegin insert as,end insert when added to the workers’ compensation award,begin insert willend insert
24 provide for a full day’s wage or salary.

25(d) The governing board of abegin insert schoolend insert district may, by rule or
26regulation, provide for as much additional leave of absence, paid
27or unpaid, as it deems appropriate and during this leave the
28employee may return to his or her position without suffering any
29loss of status or benefits. The employee shall be notified, in writing,
30that available paid leave has been exhausted, and shall be offered
31an opportunity to request additional leave.

32(e) A period of leave of absence, paid or unpaid, shall not be
33considered to be a break in service of the employee.

34(f) During a paid leave of absence, whether industrial accident
35leave as provided in this section, sick leave, vacation, compensated
36time off, or other available leave provided by law or the action of
37begin delete aend deletebegin insert theend insert governing board of abegin insert schoolend insert district, the employee shall
38endorse to thebegin insert schoolend insert district wage loss benefit checks received
39under the workers’ compensation laws of this state. Thebegin insert schoolend insert
40 district, in turn, shall issue the employee appropriate warrants for
P104  1payment of wages or salary and shall deduct normal retirement
2and other authorized contributions. Reduction of entitlement to
3leave shall be made only in accordance with this section.

4(g) When all available leaves of absence, paid or unpaid, have
5been exhausted and if the employee is not medically able to assume
6the duties of his or her position, the employee shall, if not placed
7in another position, be placed on a reemployment list for a period
8of 39 months. When available, during the 39-month period, the
9employee shall be employed in a vacant position in the class of
10the employee’s previous assignment over all other available
11candidates except for a reemployment list established because of
12lack of work or lack of funds, in which case the employee shall
13be listed in accordance with appropriate seniority regulations.

14(h) The governing board of abegin insert schoolend insert district may require that
15an employee serve or have served continuously a specified period
16of time with thebegin insert schoolend insert district before the benefits provided by this
17section are made available to the employeebegin delete provided thatend deletebegin insert butend insert this
18period shall not exceed three years andbegin delete thatend delete all service of the
19employeebegin delete prior toend deletebegin insert beforeend insert the effective date of this section shall be
20credited in determining compliance with the requirement.

21(i) In the absence of rules and regulations adopted by the
22governing board of abegin insert schoolend insert district, pursuant to this section, an
23employee shall be entitled to industrial and accident or illness leave
24as provided in this section but without limitation as to the number
25of days of this leave and without any requirement of a specified
26period of service.

27(j) An employee who has been placed on a reemployment list,
28as provided in this section, who has been medically released for
29return to duty and who fails to accept an appropriate assignment
30shall be dismissed.

31(k) This sectionbegin delete shall applyend deletebegin insert appliesend insert tobegin insert schoolend insert districts that have
32adopted the merit system in the same manner and effect as if it
33were a part of Article 6 (commencing with Section 45240).

34

SEC. 64.  

Section 46392 of the Education Code is amended to
35read:

36

46392.  

(a) If the average daily attendance of a school district,
37county office of education, or charter school during a fiscal year
38has been materially decreased during a fiscal year because of any
39of the following, the fact shall be established to the satisfaction of
40the Superintendent by affidavits of the members of the governing
P105  1boardbegin insert or bodyend insert of the school district, county office of education, or
2charter school and the county superintendent of schools:

3(1) Fire.

4(2) Flood.

5(3) Impassable roads.

6(4) Epidemic.

7(5) Earthquake.

8(6) The imminence of a major safety hazard as determined by
9the local law enforcement agency.

10(7) A strike involving transportation services to pupils provided
11by a nonschool entity.

12(8) An order provided for in Section 41422.

13(b) In the event a state of emergency is declared by the Governor
14in a county, a decrease in average daily attendance in the county
15below the approximate total average daily attendance that would
16have been credited to a school district, county office of education,
17or charter school had the state of emergency not occurred shall be
18deemed material. The Superintendent shall determine the length
19of the period during which average daily attendance has been
20reduced by the state of emergency.begin delete This period that isend deletebegin insert The periodend insert
21 determined by the Superintendent shall not extend into the next
22fiscal year following the declaration of the state of emergency by
23the Governor, except upon a showing by a school district, county
24office of education, or charter school, to the satisfaction of the
25Superintendent, that extending the period into the next fiscal year
26is essential to alleviate continued reductions in average daily
27attendance attributable to the state of emergency.

28(c) The average daily attendance of thebegin insert schoolend insert district, county
29 office of education, or charter school for the fiscal year shall be
30estimated by the Superintendent in a manner that credits to the
31school district, county office of education, or charter school for
32determining the apportionments to be made to the school district,
33county office of education, or charter school from the State School
34Fund approximately the total average daily attendance that would
35have been credited to the school district, county office of education,
36or charter school had the emergency not occurred or had the order
37not been issued.

38(d) This section applies to any average daily attendance that
39occurs during any part of a school year.

P106  1

SEC. 65.  

Section 48204.2 of the Education Code is amended
2to read:

3

48204.2.  

(a) If a school district elects to undertake an
4investigation pursuant to subdivision (c) of Section 48204.1, the
5governing board of the school district shall adopt a policy regarding
6the investigation of a pupil to determine whether the pupil meets
7the residency requirements for school attendance in the school
8district before investigating any pupils.

9(b) The policy shall do all of the following:

10(1) Identify the circumstances upon which the school district
11may initiate an investigation, which shall, at a minimum, require
12the school district employee to be able to identify specific,
13articulable facts supporting the belief that the parent or legal
14guardian of the pupil has provided false or unreliable evidence of
15residency.

16(2) (A) Describe the investigatory methods that may be used
17by the school district in the conduct of the investigation, including
18whether the school district will be employing the services of a
19private investigator.

20(B) Before hiring a private investigator, the policy shall require
21the school district to make reasonable efforts to determine whether
22the pupil resides in the school district.

23(3) Prohibit the surreptitious photographing or video-recording
24of pupils who are being investigated. For purposes of this
25paragraph, “surreptitious photographing or video-recording” means
26the covert collection of photographic or videographic images of
27begin delete personend deletebegin insert personsend insert or places subject to an investigation. For purposes
28of this paragraph, the collection of images is not covert if the
29technology is used in open and public view.

30(4) Require that employees and contractors of the school district
31engaged in the investigationbegin delete mustend delete identify themselves truthfully
32as such to individuals contacted or interviewed during the course
33of the investigation.

34(5) begin deleteProvide a process whereby the determination of a school
35district as to whether a pupil meets the residency requirements for
36school attendance in the school district may be appealed, and shall
37specify the basis for that determination. end delete
begin insertRequire a school district
38to specify the basis for a determination of nonresidency of a pupil,
39and provide a process to appeal that determination. end insert
If an appeal
P107  1is made, the burden shall be on the appealing party to show why
2the decision of the school district should be overruled.

3(c) The policy required pursuant to this section shall be adopted
4at a public meeting of the governing board of the school district.

5

SEC. 66.  

Section 51421.5 of the Education Code, as added by
6Section 3 of Chapter 384 of the Statutes of 2015, is amended to
7read:

8

51421.5.  

(a) If, for purposes of this article, a contractor or
9testing center charges an examinee its own separate fee, the
10contractor or testing center shall not charge that fee to an examinee
11who meets all of the following criteria:

12(1) The examinee qualifies as a homeless child or youth, as
13defined in paragraph (2) of Section 725 of the federal
14McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
1511434a(2)).

16(2) The examinee has not attained 25 years of age as of the date
17of the scheduled examination.

18(3) The examinee can verify his or her status as a homeless child
19or youth. A homeless services provider that has knowledge of the
20examinee’s housing status may verify the examinee’s status for
21purposes of this paragraph.

22(b) For purposes of this section, a “homeless services provider”
23includes either of the following:

24(1) A homeless services provider listed in paragraph (3) of
25subdivision (d) of Section 103577 of the Health and Safety Code.

26(2) Any other person or entity that is qualified to verify an
27individual’s housing status, as determined by the department.

28(c) Additional state funds shall not be appropriated for purposes
29of implementing this section.

30(d) Notwithstanding subdivision (c), the Superintendent may
31use surplus funds in the Special Deposit Fund Account, established
32pursuant to Section 51427, to reimburse contractors for the loss
33of fees, if any, pursuant to this section. A contract executed by the
34department for the provision of examinations pursuant to Section
3551421 or this section shall require that any contracting party accept
36all examinees, including those entitled to a fee waiver pursuant to
37this section. For purposes of this subdivision, “surplus funds” are
38funds remaining after the costs permitted by subdivision (a) of
39Section 51421 are paid.

P108  1(e) On or before December 1, 2018, the Superintendent shall
2submit a report to the appropriate policy and fiscal committees of
3the Legislature that includes, but is not limited to, all of the
4following:

begin delete

5(A)

end delete

6begin insert(1)end insert The number of homeless youth that took a high school
7equivalency test in each of the 2016, 2017, and 2018 calendar
8years.

begin delete

9(B)

end delete

10begin insert(2)end insert The impact of the opportunity to take a high school
11equivalency test at no cost on the number and percentage of
12homeless youth taking a high school equivalency test.

begin delete

13(C)

end delete

14begin insert(3)end insert The estimated number of homeless youth who may take a
15high school equivalency test in future years.

begin delete

16(D)

end delete

17begin insert(4)end insert Recommendations for a permanent funding source to cover
18the cost of the waived fees.

begin delete

19(E)

end delete

20begin insert(5)end insert The annual and projected administrative cost to the
21department.

begin delete

22(F)

end delete

23begin insert(6)end insert The annual and projected reimbursement to the contractor
24pursuant to this section.

25(f) The Superintendent shall adopt emergency regulations, as
26necessary, to implement this section. The adoption of these
27regulations shall be deemed to be an emergency and necessary for
28the immediate preservation of the public peace, health, and safety,
29or general welfare.

30(g) The department shall include a provision in all
31memorandums of understanding with contractors for purposes of
32providing a high school equivalency test, that if the surplus funds
33in the Special Deposit Fund Account are depleted, the ongoing
34costs of a fee waiver for an examinee deemed eligible for a waiver
35pursuant to this section shall be absorbed by the contractor.

36(h) This section shall become inoperative on July 1, 2019, and,
37as of January 1, 2020, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2020, deletes or
39extends the dates on which it becomes inoperative and is repealed.

P109  1

SEC. 67.  

Section 51745.6 of the Education Code is amended
2to read:

3

51745.6.  

(a) (1) The ratio of average daily attendance for
4independent study pupils 18 years of age or less to school district
5full-time equivalent certificated employees responsible for
6independent study, calculated as specified by the department, shall
7not exceed the equivalent ratio of average daily attendance to
8full-time equivalent certificated employees providing instruction
9in other educational programs operated by the school district,
10unless a new higher or lower average daily attendance ratio for all
11other educational programs offered is negotiated in a collective
12bargaining agreement or a memorandum of understanding is
13entered into that indicates an existing collective bargaining
14agreement contains an alternative average daily attendance ratio.

15(2) The ratio of average daily attendance for independent study
16pupils 18 years of age or less to county office of education full-time
17equivalent certificated employees responsible for independent
18study, to be calculated in a manner prescribed by the department,
19shall not exceed the equivalent prior year ratio of average daily
20attendance to full-time equivalent certificated employees for all
21other educational programs operated by the high school or unified
22school district with the largest average daily attendance of pupils
23in that county or the collectively bargained alternative ratio used
24by that high school or unified school district in the prior year,
25unless a new higher or lower average daily attendance ratio for all
26other educational programs offered is negotiated in a collective
27bargaining agreement or a memorandum of understanding is
28entered into that indicates an existing collective bargaining
29agreement contains an alternative average daily attendance ratio.
30The computation of the ratios shall be performed annually by the
31reporting agency at the time of, and in connection with, the second
32principal apportionment report to the Superintendent.

33(b) Only those units of average daily attendance for independent
34study that reflect a pupil-teacher ratio that does not exceed the
35ratios described in subdivision (a) shall be eligible for
36apportionment pursuant to Section 2575, for county offices of
37education, and Section 42238.05, for school districts.begin delete Nothing in
38this section shallend delete
begin insert This section does notend insert prevent a school district or
39county office of education from serving additional units of average
40daily attendance greater than the ratios described in subdivision
P110  1(a), except that those additional units shall not be funded pursuant
2to Section 2575 or 42238.05, as applicable. If a school district,
3charter school, or county office of education has a memorandum
4of understanding to provide instruction in coordination with the
5school district, charter school, or county office of education at
6which a pupil is enrolled, the ratios that shall apply for purposes
7of this paragraph are the ratios for the local educational agency
8providing the independent study program to the pupil pursuant to
9Section 51749.5.

10(c) The calculations performed for purposes of this section shall
11not include either of the following:

12(1) The average daily attendance generated by special education
13pupils enrolled in special day classes on a full-time basis, or the
14teachers of those classes.

15(2) The average daily attendance or teachers in necessary small
16schools that are eligible to receive funding pursuant to Article 4
17(commencing with Section 42280) of Chapter 7 of Part 24 of
18Division 3.

19(d) The applicable
20average-daily-attendance-to-certificated-employee ratios described
21in subdivision (a) may, in a charter school, be calculated by using
22a fixed average-daily-attendance-to-certificated-employee ratio of
2325 to 1, or by using a ratio of less than 25 pupils per certificated
24employee. A new higher or lower ratio for all other educational
25programs offered by a charter school may be negotiated in a
26collective bargaining agreement, or a memorandum of
27understanding indicating that an existing collective bargaining
28agreement contains an alternative average daily attendance ratio
29may be entered into by a charter school. All charter school pupils,
30regardless of age, shall be included in the applicable
31begin delete average-daily-attendance-to-certificate-employeeend deletebegin insert average-daily-attendance-to-certificated-employeeend insert ratio calculations.

34

SEC. 68.  

Section 66302 of the Education Code is amended to
35read:

36

66302.  

The Trustees of the California State University, the
37Regents of the University of California, and the governing board
38of each community college district are requested to adopt and
39publish policies on harassment, intimidation, and bullying to be
40included within the rules and regulations governing student
P111  1behavior within their respective segments of public postsecondary
2education. It is the intent of the Legislature that rules and
3regulations governing student conduct be published, at a minimum,
4on the Internet Web site of each public postsecondary educational
5campus and as part of any printed material covering those rules
6and regulations within the respective public postsecondary
7educationbegin delete systems.end deletebegin insert system.end insert

8

SEC. 69.  

Section 66749.5 of the Education Code is amended
9to read:

10

66749.5.  

(a) The Office of the Chancellor of the California
11Community Colleges shall report to the Legislature on or before
12December 1, 2016, the status of each community college’s
13compliance with the provisions of this article related to creating
14associate degrees for transfer.

15(b) The California State University shall submit two reports to
16the Legislature on campus acceptance of transfer model curricula
17by concentration, on or before December 1, 2016, and on or before
18December 1, 2017, respectively.

19(c) (1) The California State University shall annually,
20commencing December 1, 2016, publicly post available data on
21all of the following:

22(A) The number of students admitted with an associate degree
23for transfer.

24(B) The proportion of students with an associate degree for
25transfer who graduate from the California State University within
26two or three years.

27(C) The number of students with an associate degree for transfer
28who applied to a campus of the California State University and
29were redirected to another campus than that indicated in the
30application.

31(D) The number of students described in subparagraph (C) who
32ultimately enrolled at a California State University campus.

33(2) This subdivision shall become inoperative on November 30,
342021.

35(d) (1) The requirements for submitting reports on or before
36December 1, 2016, imposed under subdivisions (a) and (b) are
37inoperative on December 1, 2020, and the requirement for
38submitting a report on or before December 1, 2017, imposed under
39subdivision (b) is inoperative on December 1, 2021, pursuant to
40Section 10231.5 of the Government Code.

P112  1(2) Reports to be submitted pursuant to subdivisions (a) and (b)
2shall be submitted in compliance with Section 9795 of the
3Government Code.

begin insert

4(e) This section shall remain in effect only until January 1, 2022,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2022, deletes or extends that date.

end insert
7

SEC. 70.  

Section 69800.2 of the Education Code is amended
8to read:

9

69800.2.  

(a) Before certifying a borrower’s eligibility for a
10private student loan, a public, private, or independent
11postsecondary educational institution shall provide to the student
12information concerning all unused state and federal financial
13assistance, including unused federal student loan moneys available
14to that student.

15(b) An institution that does not participate in federal student
16loan programs shall inform students that the institution does not
17participate in federal loan programs and that students may be
18eligible for federal loans at a participating institution. The
19institution shall provide the student with information regarding
20the Cal Grants Web link on the California Student Aid
21Commission’sbegin insert Internetend insert Web site and the Federal Student Aid Web
22link on the United States Department of Education’sbegin insert Internetend insert Web
23site.

24

SEC. 71.  

Section 70037 of the Education Code is amended to
25read:

26

70037.  

(a) The Trustees of the California State University and
27the Regents of the University of California shall adopt regulations
28providing for the withholding of institutional services frombegin delete students
29or former students who haveend delete
begin insert a student or former student who hasend insert
30 been notified in writing at the student’s or former student’s last
31known address that he or she is in default on a loan or loans under
32the DREAM Program.

33(b) The regulations adopted pursuant to subdivision (a) shall
34provide that the services withheld may be provided during a period
35when the facts are in dispute or when the student or former student
36demonstrates to either the Trustees of the California State
37University or the Regents of the University of California, as
38applicable, that reasonable progress has been made to repay the
39loan or that there exists a reasonable justification for the delay as
40determined by the institution. The regulations shall specify the
P113  1services to be withheld from the student, which may include, but
2are not limited to, the following:

3(1) The provision of grades.

4(2) The provision of transcripts.

5(3) The provision of diplomas.

6(c) “Default,” for purposes of this section, means the failure of
7a borrower to make an installment payment when due, or to meet
8other terms of the promissory notebegin delete under circumstances whereend deletebegin insert ifend insert
9 the institution holding the loan finds it reasonable to conclude that
10the borrower no longer intends to honor the obligation to repay,
11provided that this failure persists for 180 days for a loan repayable
12in monthly installments, or 240 days for a loan repayable in less
13frequent installments.

14(d) This sectionbegin delete shallend deletebegin insert doesend insert not impose any requirement upon
15the University of California unless the Regents of the University
16of California, by resolution, makes this section applicable.

17

SEC. 72.  

Section 84750.5 of the Education Code is amended
18to read:

19

84750.5.  

(a) The board of governors, in accordance with the
20statewide requirements contained in paragraphs (1) to (9), inclusive,
21of subdivision (d), and in consultation with institutional
22representatives of the California Community Colleges and
23statewide faculty and staff organizations, so as to ensure their
24participation in the development and review of policy proposals,
25shall develop criteria and standards for thebegin delete purposesend deletebegin insert purposeend insert of
26making the annual budget request for the California Community
27Colleges to the Governor and the Legislature, and for the purpose
28of allocating the state general apportionment revenues.

29(b) In developing the criteria and standards, the board of
30governors shallbegin delete utilizeend deletebegin insert useend insert and strongly consider the
31recommendations and work product of the “System Office
32Recommendations Based on the Report of the Work Group on
33Community College Finance” that was adopted by the board at its
34meeting of March 7, 2005. The board of governors shall complete
35the development of these criteria and standards, accompanied by
36the necessary procedures, processes, and formulas forbegin delete utilizingend delete
37begin insert usingend insert its criteria and standards, by March 1, 2007, and shall submit
38on or before that date a report on these items to the Legislature
39and the Governor.

P114  1(c) (1) It is the intent of the Legislature in enacting this section
2to improve the equity and predictability of general apportionment
3and growth funding for community college districts in order that
4the districts may more readily plan and implement instruction and
5related programs, more readily serve students according to the
6policies of the state’s master plan for higher education, and enhance
7the quality of instruction and related services for students.

8(2) It is the intent of the Legislature to determine the amounts
9to be appropriated forbegin delete theend delete purposes of this section through the
10annual Budget Act. Nothing in this section shall be construed as
11limiting the authority either of the Governor to propose, or the
12 Legislature to approve, appropriations for California Community
13Colleges programs or purposes.

14(d) The board of governors shall develop the criteria and
15standards within the following statewide minimum requirements:

16(1) The calculations of each community college district’s
17revenue level for each fiscal year shall be based on the level of
18general apportionmentbegin delete revenues (stateend deletebegin insert revenues, stateend insert andbegin delete local)end delete
19begin insert local,end insert thebegin insert community collegeend insert district received for the prior year
20plus any amount attributed to a deficit from the adopted standards
21to be developed pursuant to this section, with revenue adjustments
22being made for increases or decreases in full-time equivalent
23students (FTES), for equalization of funding per credit FTES, for
24necessary alignment of funding per FTES between credit and
25noncredit programs, for inflation, and for other purposes authorized
26by law.

27(2) Commencing with the 2006-07 fiscal year, the funding
28mechanism developed pursuant to this section shall recognize the
29need for community college districts to receive an annual allocation
30based on the number of colleges and comprehensive centers in the
31begin insert community collegeend insert district. In addition to this basic allocation, the
32marginal amount of credit revenue allocated per FTES shall be
33funded at a rate not less than four thousand three hundred
34sixty-seven dollars ($4,367), as adjusted for the change in the
35cost-of-living in subsequent annual budget acts.

36(A) To the extent that the Budget Act of 2006 contains an
37appropriation of one hundred fifty-nine million four hundred
38thirty-eight thousand dollars ($159,438,000) for community college
39equalization, the Legislature finds and declares that community
P115  1college equalization for credit FTES has been effectively
2accomplished as of March 31, 2007.

3(B) The chancellor shall develop criteria for the allocation of
4one-time grants for thosebegin insert community collegeend insert districts that would
5have qualified for more equalization under prior law than pursuant
6to this section and the Budget Act of 2006, and for thosebegin insert community
7collegeend insert
districts that would have qualified for more funding under
8a proposed rural college access grant than pursuant to this section
9and the Budget Act of 2006, as determined by the chancellor.
10Appropriations for the one-time grants shall be provided pursuant
11to paragraph (24) of subdivision (a) of Section 43 of Chapter 79
12of the Statutes of 2006.

13(3) Noncredit instruction shall be funded at a uniform rate of
14two thousand six hundred twenty-six dollars ($2,626) per FTES,
15as adjusted for the change in the cost of living provided in
16subsequent annual budget acts.

17(4) Funding for instruction in career development and college
18preparation, as authorized pursuant to Section 84760.5, shall be
19provided as follows:

20(A) (i) Beginning in the 2006-07 fiscal year, career
21development and college preparation FTES may be funded at a
22rate of three thousand ninety-two dollars ($3,092) per FTES for
23courses in programs that conform to the requirements of Section
2484760.5. This rate shall be adjusted for the change in the cost of
25living or as otherwise provided in subsequent annual budget acts.

26(ii) Beginning in the 2015-16 fiscal year, career development
27and college preparation FTES shall be funded at the same level as
28the credit rate specified in paragraph (2). This rate shall be adjusted
29for the change in the cost of living or as otherwise provided in
30subsequent annual budget acts.

31(iii) The Legislative Analyst shall report to the Legislature on
32or before March 1, 2017, regarding the change in funding specified
33in clause (ii), including whether community colleges offered
34additional classes or programs related to career development or
35 college preparation, and whether there was any change in FTES.

36(iv) (I) The requirement for submitting a report imposed under
37clause (iii) is inoperative on March 30, 2019, pursuant to Section
3810231.5 of the Government Code.

39(II) A report submitted pursuant to clause (iii) shall be submitted
40in compliance with Section 9795 of the Government Code.

P116  1(B) Changes in career development and college preparation
2FTES shall result in adjustments to revenues as follows:

3(i) Increases in career development and college preparation
4FTES shall result in an increase in revenues in the year of the
5increase and at the average rate per career development and college
6preparation FTES, including any cost-of-living adjustment
7authorized by statute or by the annual Budget Act.

8(ii) Decreases in career development and college preparation
9FTES shall result in a revenue reduction in the year following the
10decrease at the average rate per career development and college
11preparation FTES.

12(5) Except as otherwise provided by statute, current categorical
13programs providing direct services to students, including extended
14opportunity programs and services, and disabled students programs
15and services, shall continue to be funded separately through the
16annual Budget Act, and shall not be assumed under the budget
17formula otherwise specified by this section.

18(6) For credit and noncredit instruction, changes in FTES shall
19result in adjustments inbegin insert community collegeend insert district revenues as
20follows:

21(A) Increases in FTES shall result in an increase in revenues in
22the year of the increase and at the amount per FTES provided for
23in paragraph (2) or (3), as appropriate, including any cost-of-living
24adjustment authorized by statute or by the annual Budget Act.

25(B) Decreases in FTES shall result in revenue reductions
26beginning in the year following the initial year of decrease in FTES,
27and at the district’s marginal funding per FTES.

28(C) begin deleteDistricts end deletebegin insertCommunity college districts end insertshall be entitled to the
29restoration of any reductions in apportionment revenue due to
30decreases in FTES during the three years following the initial year
31of decrease in FTES if there is a subsequent increase in FTES.

32(7) Revenue adjustments shall be made to reflect cost changes,
33using the same inflation adjustment as required for school districts
34pursuant to paragraph (2) of subdivision (d) of Section 42238.02.
35These revenue adjustments shall be made to the college and center
36basic allocations, credit and noncredit FTES funding rates, and
37career development and college preparation FTES funding rates.

38(8) The statewide requested increase in budgeted workload
39FTES shall be based, at a minimum, on the sum of the following
40computations:

P117  1(A) Determination of an equally weighted average of the rate
2of change in thebegin delete Californiaend deletebegin insert state’send insert population of persons between
3the ages of 19 and 24 and the rate of change in thebegin delete Californiaend deletebegin insert state’send insert
4 population of persons between the ages of 25 and 65, both as
5determined by the Department of Finance’s Demographic Research
6Unit as determined for the preceding fiscal year.

7(B) To the extent thebegin delete Californiaend deletebegin insert state’send insert unemployment rate
8exceeds 5 percent for the most recently completed fiscal year, that
9positive difference shall be added to the rate computed in
10subparagraph (A). In no event shall that positive difference exceed
112 percent.

12(C) The chancellor may also add to the amounts calculated
13pursuant to subparagraphs (A) and (B) the number of FTES in the
14areas of transfer, vocational education, and basic skills that were
15unfunded in the current fiscal year. For this purpose, the following
16computation shall be determined for eachbegin insert community collegeend insert
17 district, and a statewide total shall be calculated:

18(i) Establish the base level of FTES earned in the prior fiscal
19year for transfer courses consisting of courses meeting the
20California State University breadth or Intersegmental General
21Education Transfer Curriculum requirements or major course
22prerequisites accepted by the University of California or the
23California State University.

24(ii) Establish the base level of FTES earned in the prior fiscal
25year for vocational education courses consisting of courses defined
26by the chancellor’s office Student Accountability Model codes A
27and B that are consistent with the courses used for measuring
28success in this program area under the accountability system
29established pursuant to Section 84754.5.

30(iii) Establish the base level of FTES in the prior fiscal year for
31basic skills courses, both credit and noncredit.

32(iv) Add the sum of FTES for clauses (i) to (iii), inclusive.

33(v) Multiply the result of the calculation made under clause (iv)
34by one plus thebegin insert community collegeend insert district’s funded growth rate
35in the current fiscal year. This figure shall represent the
36maintenance of effort level for the budget year.

37(vi) FTES in transfer, vocational education, and basic skills that
38are in excess of the total calculated pursuant to clause (v), shall be
39considered in excess of the maintenance of effort level, and shall
P118  1be eligible for overcap growth funding if thebegin insert community collegeend insert
2 district exceeds its overall funded FTES.

3(vii) In no event shall the amount calculated pursuant to clause
4(vi) exceed the total unfunded FTES for that fiscal year. To the
5extent the computation specified in subdivision (c) requires the
6reporting of additional data by community college districts, that
7reporting shall be a condition of the receipt of apportionment for
8growth pursuant to this section and those funds shall be available
9to offset any and all costs of providing the data.

10(9) Except as specifically provided in statute, regulations of the
11board of governors for determining and allocating the state general
12apportionment to the community college districts shall not require
13begin insert community collegeend insert district governing boards to expend the allocated
14revenues in specified categories of operation or according to the
15workload measures developed by the board of governors.

16(e) (1) The Chancellor of the Community Colleges shall
17develop, and the board of governors shall adopt, a revised
18apportionment growth formula for use commencing with the
192015-16 fiscal year. The chancellor shall allocate apportionments
20pursuant to the revised formula only after the revised formula, and
21any formulas for adjustment pursuant to paragraph (2), have been
22adopted by the board of governors. The revised apportionment
23growth formula shall support the primary missions of the segment,
24and shall be based on each community’s need for access to the
25community colleges, as determined by local demographics. In
26developing the revised formula, the chancellor shall consider
27multiple factors in determining need; however, the primary factors
28shall be:

29(A) (i) The number of persons under 25 years of age without
30a college degree, within a community college district’s boundaries,
31and the number of persons 25 to 64 years of age, inclusive, without
32a college degree, within a community college district’s boundaries.

33(ii) Notwithstanding clause (i), the chancellor may use
34alternative age ranges depending on the availability of data.

35(B) The number of persons who are unemployed, have limited
36English skills, who are in poverty, or who exhibit other signs of
37being disadvantaged, as determined by the chancellor, within a
38community college district’s boundaries.

39(2) Beginning with the 2016-17 fiscal year, the chancellor shall
40adjust upward the need determination based on each community
P119  1college’s effectiveness in serving residents of neighborhoods,
2within or outside of the community college district’s boundaries,
3that exhibit the highest levels of need in the state.

4(3) The chancellor shall calculate each community college
5district’s proportionate share of the statewide need for access to
6the community colleges based on the application of this formula
7described in paragraph (1), as adjusted pursuant to paragraph (2).

8(4) The chancellor shall calculate the difference between each
9community college district’s proportionate share of the statewide
10need for access to the community colleges, as calculated pursuant
11to paragraph (3), and its current proportionate share of statewide
12enrollment in the community colleges.

13(5) (A) Until a community college district reaches its highest
14level of apportionment revenues previously received, its
15apportionment revenues shall be eligible to increase by the lesser
16of 1 percent of its current apportionment base, or one-half of the
17statewide growth allocation on an proportionate basis, regardless
18of need.

19(B) After a community college district reaches its highest level
20of apportionment revenues previously received, itbegin delete shall beend deletebegin insert isend insert
21 eligible to increase its apportionment revenues by the lesser of
22one-half of 1 percent of its current apportionment base, or
23one-quarter of the statewide growth allocation on an proportionate
24basis, regardless of its need.

25(6) The remainder of the apportionment growth funding shall
26be allocated to allow each community college district to grow its
27apportionment revenues based on its relative share of the difference
28between the amounts calculated in paragraph (4), up to a maximum
29of its apportionment base for the preceding fiscal year appropriate
30to ensure that community college district is advancing the primary
31missions of the segment. The maximum established by the
32chancellor shall not be less than 5 percent nor greater than 10
33percent of a community college district’s apportionment base for
34the preceding fiscal year.

35(7) Unless otherwise agreed upon by the board of governors,
36apportionment reductions shall be allocated proportionally based
37on the most recent levels of apportionment revenues.

38(8) (A) It is the intent of the Legislature, consistent with
39direction provided in the 2014-15 Budget Act, that apportionment
40growth funding be expended for purposes of increasing the number
P120  1of FTES in courses or programs that support the primary missions
2of the segment.

3(B) (i) Notwithstanding Section 10231.5 of the Government
4Code, on or before October 15, 2015, and each year thereafter, the
5chancellor shall report to the Legislature on the course sections
6and FTES added at each community college that received
7apportionment growth funding in the prior fiscal year, including
8the number of course sections and if any course sections and FTES
9were added that are within the primary missions of the segment
10and those that are not within the primary missions of the segment.

11(ii) A report submitted to the Legislature pursuant to clause (i)
12shall be submitted in compliance with Section 9795 of the
13Government Code.

14(C) For purposes of this section, “primary missions of the
15segment” means credit courses and those noncredit courses
16specified in paragraphs (2) to (6), inclusive, of subdivision (a) of
17Section 84757.

18(f) (1) It is the intent of the Legislature to allow for changes to
19the criteria and standards developed pursuant to subdivisions (a)
20to (d), inclusive, in order to recognize increased operating costs
21and to improve instruction.

22(2) (A) If the annual budget act identifies funds appropriated
23specifically for the purposes of this subdivision, the chancellor
24shall adjust the budget request formula to allocate those funds
25without alteringbegin delete ofend delete anybegin insert of theend insert adjustments described in subdivision
26(d). At least 30 days before allocating any state general
27apportionment revenues using a budget request formula revised
28pursuant to this subdivision, the chancellor shall submit to the
29Department of Finance and the Legislature a description of the
30specific adjustments made to the budget request formula.

31(B) A report to the Legislature pursuant to subparagraph (A)
32shall be submitted in compliance with Section 9795 of the
33Government Code.

34

SEC. 73.  

Section 84916 of the Education Code is amended to
35read:

36

84916.  

In order to maximize the benefits derived from public
37funds provided for the purpose of addressing the educational needs
38of adults and to ensure the efficient and coordinated use of
39resources, it is the intent and expectation of the Legislature that
40any community college district, school district, or county office
P121  1of education, or any joint powers authority consisting of community
2college districts, school districts, county offices of education, or
3a combination of these, located within the boundaries of the adult
4education region shall be a member of a consortium pursuant to
5this article if it receives funds from any of the following programs
6or allocations:

7(a) The Adults in Correctional Facilities program.

8(b) The federal Adult Education and Family Literacy Act (Title
9II of the federal Workforce Innovation and Opportunity Act).

10(c) The federal Carl D. Perkins Career and Technical Education
11Act (Public Law 109-270).

12(d) Localbegin delete Control Funding Formulaend deletebegin insert control funding formulaend insert
13 apportionments received for students who are 19 years of age or
14older.

15(e) Community college apportionments received for providing
16instruction in courses in the areas listed in subdivision (a) of
17Section 84913.

18(f) State funds for remedial education and job training services
19for participants in the CalWORKs program.

20

SEC. 74.  

Section 87787 of the Education Code is amended to
21read:

22

87787.  

(a) The governing board of a community college district
23shall provide by rules and regulations for industrial accident and
24illness leaves of absence for all academic employees. The
25governing board of abegin insert community collegeend insert district that is created or
26whose boundaries or status is changed by an action to organize or
27reorganizebegin insert community collegeend insert districts completed after January 1,
281976, shall provide by rules and regulations for those leaves of
29absence on or before the date on which the organization or
30reorganization of thebegin insert community collegeend insert district becomes effective.

31(b) The rules or regulations shall include all of the following
32provisions:

33(1) Allowable leave shall be for not less than 60 days during
34which thebegin delete schoolsend deletebegin insert community collegesend insert of the district are required
35to be in session or when the employee would otherwise have been
36performing work for thebegin insert community collegeend insert district in any one
37fiscal year for the same accident.

38(2) Allowable leave shall not be accumulated from year to year.

39(3) Industrial accident or illness leave shall commence on the
40first day of absence.

P122  1(4) (A) When an academic employee is absent from his or her
2duties on account of an industrial accident or illness, the employee
3shall be paid the portion of the salary due him or her for any month
4in which the absence occurs as, when added to his or her temporary
5disability indemnity under Division 4 (commencing with Section
63200) or Division 4.5 (commencing with Section 6100) of the
7Labor Code, will result in a payment to the employee of not more
8than his or her full salary.

9(B) The phrase “full salary,” asbegin delete utilizedend deletebegin insert usedend insert in this subdivision,
10shall be computed so that it shall not be less than the employee’s
11“average weekly earnings” as that phrase isbegin delete utilizedend deletebegin insert usedend insert in Section
124453 of the Labor Code. For purposes of this section, however,
13the maximum and minimum average weekly earnings set forth in
14Section 4453 of the Labor Code shall otherwise not be deemed
15 applicable.

16(5) Industrial accident or illness leave shall be reduced by one
17day for each day of authorized absence regardless of a temporary
18disability indemnity award.

19(6) When an industrial accident or illness leave overlaps into
20the next fiscal year, the employee shall be entitled to only the
21amount of unused leave due him or her for the same illness or
22injury.

23(c) Upon termination of the industrial accident or illness leave,
24the employee shall be entitled to the benefits provided in Sections
2587780,begin delete 87781end deletebegin insert 87781,end insert and 87786, and, forbegin delete theend delete purposes of each of
26these sections, his or her absence shall be deemed to have
27commenced on the date of termination of the industrial accident
28or illness leave. However, if the employee continues to receive
29temporary disability indemnity, he or she may elect to take as much
30of his or her accumulated sick leavebegin delete which,end deletebegin insert as,end insert when added to his
31or her temporary disability indemnity, will result in a payment to
32the employee of not more than his or her full salary.

33(d) The governing board of abegin insert community collegeend insert district, by rule
34or regulation, may provide for additional leave of absence for
35industrial accident or illness as it deems appropriate.

36(e) During a paid leave of absence, the employee may endorse
37to thebegin insert community collegeend insert district the temporary disability indemnity
38checks received on account of his or her industrial accident or
39illness. Thebegin insert community collegeend insert district, in turn, shall issue the
40employee appropriate salary warrants for payment of the
P123  1employee’s salary and shall deduct normal retirement, other
2authorized contributions, and the temporary disability indemnity,
3if any, actually paid to and retained by the employee for periods
4covered by the salary warrants.

5(f) In the absence of rules and regulations adopted by the
6governing board of abegin insert community collegeend insert district pursuant to this
7section, an employee shall be entitled to industrial accident or
8illness leave as provided in this section but without limitation as
9to the number of days of leave.

10

SEC. 75.  

Section 88192 of the Education Code is amended to
11read:

12

88192.  

(a) The governing board of a community college district
13shall provide, by rules and regulations, for industrial accident or
14illness leaves of absence for employees who are a part of the
15classified service. The governing board of abegin insert community collegeend insert
16 district that is created or whose boundaries or status is changed by
17an action to organize or reorganizebegin insert community collegeend insert districts
18completed after January 1, 1975, shall provide, by rules and
19regulations, for these leaves of absence on or before the date on
20which the organization or reorganization of thebegin insert community collegeend insert
21 district becomes effective for all purposes.

22(b) The rules and regulations shall include all of the following
23provisions:

24(1) Allowable leave shall not be for less than 60 working days
25in any one fiscal year for the same accident.

26(2) Allowable leave shall not be accumulative from year to year.

27(3) Industrial accident or illness leave of absencebegin delete willend deletebegin insert shallend insert
28 commence on the first day of absence.

29(4) Payment for wages lost on any day shall not, when added
30to an award granted the employee under the workers’ compensation
31laws of this state, exceed the normal wage for the day.

32(5) Industrial accident leavebegin delete willend deletebegin insert shallend insert be reduced by one day
33for each day of authorized absence regardless of a compensation
34award made under workers’ compensation.

35(6) When an industrial accident or illness occurs at a time when
36the full 60 days will overlap into the next fiscal year, the employee
37shall be entitled to only that amount remaining at the end of the
38fiscal year in which the injury or illness occurred, for the same
39illness or injury.

P124  1(c) The industrial accident or illness leave of absence is to be
2used in lieu of entitlement acquired under Section 88191. When
3entitlement to industrial accident or illness leave has been
4exhausted, entitlement to other sick leave will then bebegin delete used;end deletebegin insert used,end insert
5 but if an employee is receiving workers’ compensation, the
6employee shall be entitled to use only so much ofbegin delete theend delete his or her
7accumulated or available sick leave, accumulated compensating
8time, vacation or other available leavebegin delete which,end deletebegin insert as,end insert when added to
9the workers’ compensation award, provide for a full day’s wage
10or salary.

11(d) The governing board of abegin insert community collegeend insert district, by rule
12or regulation, may provide for additional leave of absence, paid
13or unpaid, as it deems appropriate and during that leave the
14employee may return tobegin delete theend delete his or her position without suffering
15any loss of status or benefits.

16(e) A period of leave of absence, paid or unpaid, shall not be
17considered to be a break in service of the employee.

18(f) During a paid leave of absence, whether industrial accident
19leave as provided in this section, sick leave, vacation, compensated
20time off or other available leave provided by law or the action of
21a governing board of abegin insert community collegeend insert district, the employee
22shall endorse to thebegin insert community collegeend insert district wage loss benefit
23checks received under the workers’ compensation laws of this
24state. Thebegin insert community collegeend insert district, in turn, shall issue the
25employee appropriate warrants for payment of wages or salary
26and shall deduct normal retirement and other authorized
27contributions. Reduction of entitlement to leave shall be made only
28in accordance with this section.

29(g) When all available leaves of absence, paid or unpaid, have
30been exhausted and if the employee is not medically able to assume
31the duties of his or her position, the employee, if not placed in
32another position, shall be placed on a reemployment list for a period
33of 39 months. When available, during the 39-month period, the
34employee shall be employed in a vacant position in the class of
35his or her previous assignment over all other available candidates
36except for a reemployment list established because of lack of work
37or lack of funds, in which case the employee shall be listed in
38accordance with appropriate seniority regulations.

39(h) The governing board of abegin insert community collegeend insert district may
40require that an employee serve, or have served continuously, a
P125  1specified period of time with thebegin insert community collegeend insert district before
2the benefits provided by this section are made available to the
3employee. However, that period shall not exceed three years. All
4service of an employeebegin delete prior toend deletebegin insert beforeend insert the effective date of this
5section shall be credited in determining compliance with the
6requirement.

7(i) In the absence of rules and regulations adopted by the
8governing board of abegin insert community collegeend insert district pursuant to this
9section, an employee shall be entitled to industrial and accident or
10illness leave as provided in this section but without limitation as
11to the number of days of that leave and without any requirement
12of a specified period of service.

13(j) An employee who has been placed on a reemployment list,
14as provided in this section, who has been medically released for
15return to duty and who fails to accept an appropriate assignment
16shall be dismissed.

begin delete

17 This

end delete

18begin insert(k)end insertbegin insertend insertbegin insertThisend insert sectionbegin delete shall applyend deletebegin insert appliesend insert tobegin insert community collegeend insert districts
19that have adopted the merit system in the same manner and effect
20as if it were a part of Article 3 (commencing with Section 88060).

21

SEC. 76.  

Section 89090 of the Education Code is amended to
22read:

23

89090.  

(a) The trustees, alumni associations, and auxiliary
24organizations may distribute the names, addresses, andbegin delete electronic
25mailend delete
begin insert emailend insert addresses of alumni of the California State University
26to a business as described in subdivision (b), in order to accomplish
27any or all of the following:

28(1) To provide those persons with informational materials
29relating to the university and its programs and activities.

30(2) To provide those persons, the trustees, the alumni
31associations, and the auxiliary organizations with commercial
32 opportunities that provide a benefit to those persons, or to the
33trustees, alumni associations, or auxiliary organizations.

34(3) To promote and support the educational mission of the
35university, the trustees, the alumni associations, or the auxiliary
36organizations.

37(b) The disclosures authorized in subdivision (a) shall be
38permitted only if all of the following requirements are met:

39(1) (A) The trustees, the alumni associations, or the auxiliary
40organizations have a written agreement with a business, as defined
P126  1in subdivision (a) of Section 1798.80 of the Civil Code, that
2maintains control over this data that requires the business to
3maintain the confidentiality of the names, addresses, andbegin delete electronic
4mailend delete
begin insert emailend insert addresses of the alumni, that requires that the California
5State University retain the right to approve or reject any purpose
6for which the private information is to be used by the business,
7and to review and approve the text of mailings sent to alumni
8pursuant to this section, and that prohibits the business from using
9the information forbegin delete anyend delete purposes other than those described in
10subdivision (a). The text of a mailing intended to be sent to alumni
11pursuant to this section shall not be approved by the trustees, the
12affected alumni association, or the affected auxiliary organization
13unless and until the mailing conspicuously identifies the university,
14the alumni association, or the auxiliary organization as associated
15with the business described in the mailing.

16(B) If an affinity partner, as defined in Section 4054.6 of the
17Financial Code, sends any message tobegin delete any electronicend deletebegin insert an emailend insert mail
18address obtained pursuant to this section, that message shall include
19at least both of the following:

20(i) The identity of the sender of the message.

21(ii) A cost-free means for the recipient to notify the sender not
22to electronically transmit any further message to the recipient.

23(2) The trustees, an alumni association, or an auxiliary
24organization shall not disclose to, or share alumni nonpublic
25personal information with, a business, as defined in paragraph (1),
26unless the institution, association, or organization has clearly and
27conspicuously notified the alumnus, pursuant to subdivision (c),
28that the nonpublic personal information may be disclosed to the
29business and that the alumnus has not directed that the nonpublic
30personal information not be disclosed.

31(3) The disclosure of alumni names, addresses, andbegin delete electronic
32mailend delete
begin insert emailend insert addresses does not include the names, addresses, and
33begin delete electronic mailend deletebegin insert emailend insert addresses of alumni who, pursuant to
34subdivision (c) or in another manner, have directed the trustees,
35an alumni association, or an auxiliary organization not to disclose
36their names, addresses, orbegin delete electronic mailend deletebegin insert emailend insert addresses.

37(4) begin deleteNo information end deletebegin insertInformation end insertregarding either of the following
38isbegin insert notend insert disclosed:

39(A) The current students of the California State University.

P127  1(B) An alumnus who, as a student at a campus of the California
2State University, indicated that, pursuant to the federal Family
3Educational Rights and Privacy Act (Public Law 93-380), he or
4she did not wish his or her name, address, andbegin delete electronic mailend deletebegin insert emailend insert
5 address to be disclosed.

6(c) (1) The trustees, the affected alumni association, or the
7affected auxiliary organization shall satisfy the notice requirements
8of subdivision (b) if it uses the form set forth in paragraph (2). The
9form set forth in this subdivision or a form that complies with
10subparagraphs (A) to (J), inclusive, shall be provided by the
11trustees, the alumni association, or the auxiliary organization to
12the alumnus as required in this subdivision, and shall describe the
13nature of the information the alumnus would receive should the
14alumnus choose not to opt out, so that the alumnus may make a
15decision and provide direction to the trustees, the alumni
16association, or the auxiliary organization regarding the sharing of
17his or her name, address, andbegin delete electronic mailend deletebegin insert emailend insert address:

18(A) The form uses the title “IMPORTANT PRIVACY
19CHOICE” and the header, if applicable, as follows: “Restrict
20Information Sharing With Affinity Partners.”

21(B) The titles and headers in the form are clearly and
22conspicuously displayed, and no text in the form is smaller than
2310-point type.

24(C) The form may be provided as a separate document,
25incorporated into another communication piece intended for the
26target audience, orbegin insert providedend insert through a link to the form located on
27the Internet Web site of the trustees, the affected alumni
28association, or the affected auxiliary organization. If the form is
29provided through a link to an Internet Web page, it shall be
30 accompanied by the title “IMPORTANT PRIVACY CHOICE”
31and a clear and concise description of the choice that can be made
32by accessing the form. This requirement may be met by using text
33materially similar to the first paragraph of the form set forth in
34paragraph (2).

35(D) The choice or choices provided in the form are stated
36separately, and may be selected by checking a box.

37(E) The form is designed to call attention to the nature and
38significance of the information in the document.

39(F) The form presents information in clear and concise
40sentences, paragraphs, and sections.

P128  1(G) The form uses short explanatory sentencesbegin delete (anend deletebegin insert of anend insert average
2of 15 to 20begin delete words)end deletebegin insert words,end insert or bullet lists whenever possible.

3(H) The form avoids multiple negatives, legal terminology, and
4highly technical terminology whenever possible.

5(I) The form avoids explanations that are imprecise and readily
6subject to different interpretations.

7(J) The form is not more than one page.

8(2) The form reads as follows:
9

10IMPORTANT PRIVACY CHOICE

11You have the right to control whether we share your name,
12address, andbegin delete electronic mailend deletebegin insert emailend insert address with our affinity partners
13(companies that we partner with to offer products or services to
14our alumni). Please read the following information carefully before
15you make your choice below:

16Your Rights

17You have the following rights to restrict the sharing of your
18name, address, andbegin delete electronic mailend deletebegin insert emailend insert address with our affinity
19partners. This form does not prohibit us from sharing your
20information when we are required to do so by law. This includes
21sending you information about the alumni association, the
22university, or other products or services.

23Your Choice

24Restrict Information Sharing With Affinity Partners:

25Unless you say “NO,” we may share your name, address, and
26begin delete electronic mailend deletebegin insert emailend insert address with our affinity partners. Our affinity
27partners may send you offers to purchase various products or
28services that we may have agreed they can offer in partnership
29with us.

30( ) NO, please do not share my name, address, andbegin delete electronic
31mailend delete
begin insert emailend insert address with your affinity partners.

32Time Sensitive Reply

33You may decide at any time that you do not want us to share
34your information with our affinity partners. Your choice marked
35here will remain unless you state otherwise. However, if we do
36not hear from you, we may share your name, address, and
37begin delete electronic mailend deletebegin insert emailend insert address with our affinity partners.

38If you decide that you do not want to receive information from
39our partners, you may do one of the following:

40(1) Call this toll-free telephone number: (xxx-xxx-xxxx).

P129  1(2) Reply electronically by contacting us through the following
2Internet option: xxxxxxxxxxxx.com.

3(3) Fill out, sign, and send back this form to us at the following
4address (you may want to make a copy for your records).

5Xxxxxxxxxxxxxxxxx

6Xxxxxxxxxxxxxxxxx

7Xxxxxxxxxxxxxxxxx

8Name:

9Address:

10Signature:
11

12(3) (A) The trustees, the affected alumni association, or the
13affected auxiliary organization shall not be in violation of this
14subdivision solely because they include in the form one or more
15brief examples or explanations of the purpose or purposes for
16which, or the context within which, names, addresses, and
17begin delete electronic mailend deletebegin insert emailend insert addresses will be shared, as long as those
18examples meet the clarity and readability standards set forth in
19paragraph (1).

begin delete

20(B) The form shall be provided to alumni in each of the
21following communications:

end delete
begin delete

22(i)

end delete

23begin insert(B)end insertbegin insert(i)end insertbegin insertend insert The solicitation to students, upon their graduation, from
24the trustees or the alumni association, encouraging students to join
25the alumni association or to avail themselves of the services or
26benefits of the association, shall include the form.

27(ii) The alumni association magazine or newsletter, or both,
28shall include the form on an annual or more frequent basis.

29(iii) The Internet Web site for the alumni association shall
30include a link to the form, which shall be located on either the
31homepage of the association’s Internet Web site or in the
32association’s privacy policy.

33(iv) A one-time mailing to all alumni on the university mailing
34list as of January 1,begin delete 2006.end deletebegin insert 2006, shall include the form.end insert

35(v) An annual electronic communication to those alumni for
36whombegin delete electronic mailend deletebegin insert emailend insert addresses arebegin delete available.end deletebegin insert available
37shall include the form.end insert

38(4) The trustees, the affected alumni associations, or the affected
39auxiliary organizations shall provide at least two alternative
40cost-free means for alumni to communicate their privacy choices,
P130  1such as calling a toll-free telephone number or using electronic
2means. The trustees, the alumni association, or the auxiliary
3organization shall clearly and conspicuously disclose in the form
4required by this subdivision the information necessary to direct
5the alumnus on how to communicate his or her choice, including
6the toll-free telephone or facsimile number or Internet Web site
7address that may be used, if those means of communication are
8offered.

9(5) (A) An alumnus may direct at any time that his or her name,
10address, andbegin delete electronic mailend deletebegin insert emailend insert address not be disclosed. The
11trustees, the affected alumni association, or the affected auxiliary
12organization shall comply with the direction of an alumnus
13concerning the sharing of his or her name, address, andbegin delete electronic
14mailend delete
begin insert emailend insert address within 45 days of receipt by the trustees, the
15alumni association, or the auxiliary organization. When an alumnus
16directs that his or her name, address, andbegin delete electronic mailend deletebegin insert emailend insert
17 address not be disclosed, that direction is in effect until otherwise
18stated by the alumnus.

19(B) begin deleteNothing in this end deletebegin insertThis end insertsubdivisionbegin delete shallend deletebegin insert does notend insert prohibit the
20disclosure of the name, address, andbegin delete electronic mailend deletebegin insert emailend insert address
21of an alumnus as allowed by other applicablebegin delete provisions of state
22law.end delete
begin insert state laws.end insert

23(6) The trustees, or the affected alumni association or the
24affected auxiliary organization, may provide a joint notice from
25the trustees or from one or more alumni associations, as identified
26in the notice, so long as the notice is accurate with respect to the
27trustees and the alumni association or associations or auxiliary
28organization or organizations participating in the joint notice.

29(d) As used in this section, “auxiliary organization” has the
30same meaning as set forth in Section 89901.

31(e) This section shall not be construed to authorize the release
32of any social security numbers.

33

SEC. 77.  

Section 89708 of the Education Code is amended to
34read:

35

89708.  

(a) Tuition fees adequate, in the long run, to meet the
36cost of maintaining special sessions in the California State
37University shall be required of, and collected from, students
38enrolled in each special session pursuant to rules and regulations
39prescribed by the trustees.

P131  1(b) “Special sessions,” as used in this division, means
2self-supporting instructional programs conducted by the California
3State University. The special sessions shall include, but not
4necessarily be limited to, career enrichment and retraining
5programs. It is the intent of the Legislature that those programs,
6currently offered on a self-supporting basis by the California State
7University during summer sessions, may be provided throughout
8the year, and shall be known as special sessions. The
9 self-supporting special sessions shall not supplant, as defined in
10begin delete subparagraphend deletebegin insert subdivisionend insert (c), regular course offerings available
11on a non-self-supporting basis during the regular academic year.

12(c) begin delete“Supplanting,” end deletebegin insert“Supplant,” end insertas used in this section, means
13reducing the number of state-supported course offerings while
14increasing the number of self-supporting versions of that course.

15(d) To the extent possible, each campus shall ensure that any
16course required as a condition of undergraduate degree completion
17for a state-supported matriculated student shall be offered as a
18state-supported course. A campus shall not require a
19state-supported matriculated student to enroll in a special session
20course in order to fulfill a graduation requirement for a
21state-supported degree program.

22

SEC. 78.  

Section 89712 of the Education Code is amended to
23read:

24

89712.  

(a) (1) begin deleteA end deletebegin insertNeither a end insertcampus of the California State
25University,begin delete orend deletebegin insert norend insert the Chancellor of the California Statebegin delete University,
26or both,end delete
begin insert Universityend insert shallbegin delete notend delete approve a new student success fee or
27an increase to an existing student success fee, as defined in
28subdivision (g), before all of the following requirements are
29satisfied:

30(A) The campus undertakes a rigorous consultation process that
31informs and educates students on the uses, impact, and cost of any
32proposed student success fee or student success fee increase.

33(B) The campus informs its students of all of the following
34circumstances, which shall apply to these fees:

35(i) That, except as provided in clauses (ii) and (iii), a student
36success fee may be rescinded by a majority vote of the students,
37as specified in subdivision (c).

38(ii) That a student success feebegin delete mayend deletebegin insert shallend insert not be rescinded earlier
39than six years following the vote to implement the fee.

P132  1(iii) If any portion of the student success fee is committed to
2support a long-term obligation, that portion of the feebegin delete mayend deletebegin insert shallend insert
3 not be rescinded until the obligation has been satisfied.

4(C) The campus shall hold a binding student election on the
5implementation of any proposed student success fees, or any
6increase to an existing student success fee, and a majority of the
7student body voting on the fee must vote affirmatively.

8(2) Implementation of a fee supported by a majority of the
9campus student body voting on the fee is contingent upon the final
10approval of the Chancellor of the California State University.

11(3) A student success fee proposalbegin delete mayend deletebegin insert shallend insert not be brought
12before the student body more frequently than once per academic
13year.

14(b) A student success fee in place on January 1, 2016, may be
15rescinded by a binding student vote under the procedures
16authorized in subdivision (c) only after at least six years have
17elapsed following the implementation of the fee.

18(c) (1) Student success fees may be rescinded with a binding
19student votebegin delete whereinend deletebegin insert ifend insert a simple majority of those students voting
20vote to rescind the fee. The student vote shall comply with all of
21the following:

22(A) A campus decision to vote is formally approved by the
23recognized student government.

24(B) Rescission vote proposals shall not be brought before the
25student body more frequently than once per academic year.

26(C) In the process of reconsidering a student success fee, and
27before the student vote occurs, the students shall be informed, if
28a portion of the fee is supporting a long-term obligation, the dollar
29amount of that portion, and the date on which the long-term
30obligation would be satisfied.

31(2) begin deleteNo end deletebegin insertA end insertnew contractual or other obligation that would be
32supported by the rescinded student success feebegin delete mayend deletebegin insert shall notend insert be
33entered into following a vote to rescind the fee.

34(d) The Chancellor of the California State University shall
35ensure that all of the following occur on each campus:

36(1) There is majority student representation in campus student
37success fee allocation oversight groups.

38(2) There is an annual report from each campus to the chancellor
39on student success fees.

P133  1(3) There is uniform, transparent, online accountability in the
2 decisionmaking process for, and a detailed accounting of, the
3allocation of student success fees.

4(e) The Chancellor of the California State University shall
5establish appropriate reporting procedures to ensure that a campus
6is in compliance with the requirements of this section.

7(f) The chancellor shall report, by December 1 of each year, to
8the Department of Finance, and the Legislature pursuant to Section
99795 of the Government Code, a summary of the fees adopted or
10rescinded in the prior academic year, and the uses of proposed and
11currently implemented fees.

12(g) For purposes of this section, a “student success fee” is a type
13of category II campus-based mandatory fee that is required to be
14paid by a student before that student may enroll or attend a campus
15of the California State University, as determined by that campus
16or the Chancellor of the California State University.

17

SEC. 79.  

Section 92630 of the Education Code is amended to
18read:

19

92630.  

(a) The regents and alumni associations may distribute
20the names, addresses, andbegin delete electronic mailend deletebegin insert emailend insert addresses of alumni
21of the University of California to a business as described in
22subdivision (b) in order to accomplish any or all of the following:

23(1) To provide those persons with informational materials
24relating to the university or college and its programs and activities.

25(2) To provide those persons, the regents, and the alumni
26associations with commercial opportunities that provide a benefit
27to those persons, or to the regents or the alumni associations.

28(3) To promote and support the educational mission of the
29university, the regents, or the alumni associations.

30(b) The disclosures authorized in subdivision (a) shall be
31permitted only if all of the following requirements are met:

32(1) (A) The regents or the alumni associations have a written
33agreement with a business, as defined in subdivision (a) of Section
341798.80 of the Civilbegin delete Codeend deletebegin insert Code,end insert that maintains control over this
35data that requires the business to maintain the confidentiality of
36the names, addresses, andbegin delete electronic mailend deletebegin insert emailend insert addresses of the
37alumni, that requires that the University of California retain the
38right to approve or reject any purpose for which the private
39information is to be used by the business and to review and approve
40the text of mailings sent to alumni pursuant to this section, and
P134  1that prohibits the business from using the information forbegin delete anyend delete
2 purposes other than those described in subdivision (a). The text of
3a mailing intended to be sent to alumni pursuant to this section
4shall not be approved by the regents or the affected alumni
5association unless and until the mailing conspicuously identifies
6the university or the alumni association as associated with the
7business described in the mailing.

8(B) If an affinity partner, as defined in Section 4054.6 of the
9Financial Code, sends any message tobegin delete any electronic mailend deletebegin insert an emailend insert
10 address obtained pursuant to this section, that message shall include
11at least both of the following:

12(i) The identity of the sender of the message.

13(ii) A cost-free means for the recipient to notify the sender not
14to electronically transmit any further message to the recipient.

15(2) The regents or an alumni association shall not disclose to,
16or share a consumer’s nonpublic personal information with, a
17business, as defined in paragraph (1), unless the institution,
18association, or organization has clearly and conspicuously notified
19the consumer pursuant to subdivision (c), that the nonpublic
20personal information may be disclosed to the business and that the
21alumnus has not directed that the nonpublic personal information
22not be disclosed.

23(3)  The disclosure of alumni names, addresses, andbegin delete electronic
24mailend delete
begin insert emailend insert addresses does not include the names, addresses, and
25begin delete electronic mailend deletebegin insert emailend insert addresses of alumni who, pursuant to
26subdivision (c) or in another manner, have directed the regents or
27an alumni association not to disclose their names, addresses, or
28begin delete electronic mailend deletebegin insert emailend insert addresses.

29(4) begin deleteNo information end deletebegin insertInformation end insertregarding either of the following
30isbegin insert notend insert disclosed:

31(A) The current students of the University of California.

32(B) An alumnus who, as a student of a campus of the University
33of California, indicated that, pursuant to the federal Family
34Educational Rights and Privacy Act (Public Law 93-380), he or
35she did not wish his or her name, address, andbegin delete electronic mailend deletebegin insert emailend insert
36 address to be disclosed.

37(c) (1) The regents or the affected alumni association shall
38satisfy the notice requirements of subdivision (b) if it uses the form
39set forth in paragraph (2). The form set forth in this subdivision
40or a form that complies with subparagraphs (A) to (J), inclusive,
P135  1shall be provided by the regents or the alumni association to the
2alumnus as required in this subdivision, and shall describe the
3nature of the information the alumnus would receive should the
4alumnus choose not to opt out, so that the alumnus may make a
5decision and provide direction to the regents and the alumni
6association regarding the sharing of his or her name, address, and
7begin delete electronic mailend deletebegin insert emailend insert address:

8(A) The form uses the title “IMPORTANT PRIVACY
9CHOICE” and the header, if applicable, as follows: “Restrict
10Information Sharing With Affinity Partners.”

11(B) The titles and headers in the form are clearly and
12conspicuously displayed, and no text in the form is smaller than
1310-point type.

14(C) The form may be provided as a separate document,
15incorporated into another communication piece intended for the
16target audience, orbegin insert providedend insert through a link to the form located on
17the Internet Web site of the regents, the affected alumni association,
18or the affected auxiliary organization. If the form is provided
19through a link to an Internet Web page, it shall be accompanied
20by the title “IMPORTANT PRIVACY CHOICE” and a clear and
21concise description of the choice that can be made by accessing
22the form. This requirement may be met by using text materially
23similar to the first paragraph of the form set forth in paragraph (2).

24(D) The choice or choices provided in the form are stated
25separately, and may be selected by checking a box.

26(E) The form is designed to call attention to the nature and
27significance of the information in the document.

28(F) The form presents information in clear and concise
29sentences, paragraphs, and sections.

30(G) The form uses short explanatory sentencesbegin delete (anend deletebegin insert of anend insert average
31of 15 to 20begin delete words)end deletebegin insert words,end insert or bullet lists whenever possible.

32(H) The form avoids multiple negatives, legal terminology, and
33highly technical terminology whenever possible.

34(I) The form avoids explanations that are imprecise and readily
35subject to different interpretations.

36(J) The form is not more than one page.

37(2) The form reads as follows:
38

39IMPORTANT PRIVACY CHOICE

P136  1You have the right to control whether we share your name,
2address, andbegin delete electronic mailend deletebegin insert emailend insert address with our affinity partners
3(companies that we partner with to offer products or services to
4our alumni). Please read the following information carefully before
5you make your choice below:

6Your Rights

7You have the following rights to restrict the sharing of your
8name, address, andbegin delete electronic mailend deletebegin insert emailend insert address with our affinity
9partners. This form does not prohibit us from sharing your
10information when we are required to do so by law. This includes
11sending you information about the alumni association, the
12university, or other products or services.

13Your Choice

14Restrict Information Sharing With Affinity Partners:

15Unless you say “NO,” we may share your name, address, and
16begin delete electronic mailend deletebegin insert emailend insert address with our affinity partners. Our affinity
17partners may send you offers to purchase various products or
18services that we may have agreed they can offer in partnership
19with us.

20( ) NO, please do not share my name, address, andbegin delete electronic
21mailend delete
begin insert emailend insert address with your affinity partners.

22Time Sensitive Reply

23You may decide at any time that you do not want us to share
24your information with our partners. Your choice marked here will
25remain unless you state otherwise. However, if we do not hear
26from you, we may share your name, address, andbegin delete electronic mailend delete
27begin insert emailend insert address with our affinity partners.

28If you decide that you do not want to receive information from
29our partners, you may do one of the following:

30(1) Call this toll-free telephone number: (xxx-xxx-xxxx).

31(2) Reply electronically by contacting us through the following
32Internet option: xxxxxxxxxxxx.com.

33(3) Fill out, sign, and send back this form to us at the following
34address (you may want to make a copy for your records).

35Xxxxxxxxxxxxxxxxx

36Xxxxxxxxxxxxxxxxx

37Xxxxxxxxxxxxxxxxx

38Name:

39Address:

40Signature:

P137  1

2(3) (A) The regents or the affected alumni association shall not
3be in violation of this subdivision solely because they include in
4the form one or more brief examples or explanations of the purpose
5or purposes for which, or the context within which, names,
6addresses, andbegin delete electronic mailend deletebegin insert emailend insert addresses will be shared, as
7long as those examples meet the clarity and readability standards
8set forth in paragraph (1).

begin delete

9(B) The form shall be provided to alumni in each of the
10following communications:

end delete
begin delete

11(i)

end delete

12begin insert(B)end insertbegin insert(i)end insertbegin insertend insert The solicitation to students, upon their graduation, from
13the regents or the alumni association, encouraging students to join
14the alumni association or to avail themselves of the services or
15benefits of the association, shall include the form.

16(ii) The alumni association magazine or newsletter, or both,
17shall include the form on an annual or more frequent basis.

18(iii) The Internet Web site for the alumni association shall
19include a link to the form, which shall be located on either the
20homepage of the association’s Internet Web site or in the
21association’s privacy policy.

22(iv) A one-time mailing to all alumni on the university or college
23mailing list as of January 1,begin delete 2006.end deletebegin insert 2006, shall include the form.end insert

24(v) An annual electronic communication to those alumni for
25whom electronic mail addresses arebegin delete available.end deletebegin insert available, shall
26include the form.end insert

27(4) The regents or the affected alumni associations shall provide
28at least two alternative cost-free means for alumni to communicate
29their privacy choice, such as calling a toll-free telephone number,
30or using electronic means. The regents or the alumni association
31shall clearly and conspicuously disclose in the form required by
32this subdivision the information necessary to direct the alumnus
33on how to communicate his or her choices, including the toll-free
34telephone or facsimile number or Internet Web site address that
35may be used, if those means of communication are offered.

36(5) (A) An alumnus may direct at any time that his or her name,
37address, andbegin delete electronic mailend deletebegin insert emailend insert address not be disclosed. The
38regents or the affected alumni association shall comply with the
39direction of an alumnus concerning the sharing of his or her name,
40address, andbegin delete electronic mailend deletebegin insert emailend insert address within 45 days of receipt
P138  1by the regents or the alumni association. When an alumnus directs
2that his or her name, address, orbegin delete electronic mailend deletebegin insert emailend insert address not
3be disclosed, that direction is in effect until otherwise stated by
4the alumnus.

5(B) begin deleteNothing in this end deletebegin insertThis end insertsubdivisionbegin delete shallend deletebegin insert does notend insert prohibit the
6disclosure of the name, address, orbegin delete electronic mailend deletebegin insert emailend insert address
7of an alumnus as allowed by other applicablebegin delete provisions of state
8law.end delete
begin insert state laws.end insert

9(6) The regents or the affected alumni association may provide
10a joint notice from the regents or from one or more alumni
11associations, as identified in the notice, so long as the notice is
12accurate with respect to the regents and the alumni association or
13associations participating in the joint notice.

14(d) This section shall not be construed to authorize the release
15of any social security numbers.

16

SEC. 80.  

Section 94925 of the Education Code is amended to
17read:

18

94925.  

(a) The amount in the Student Tuition Recovery Fund
19shall not exceed twenty-five million dollars ($25,000,000) at any
20time.

21(b) If the bureau has temporarily stopped collecting the Student
22Tuition Recovery Fund assessments because the fund has
23approached thebegin delete twenty-five million dollarend deletebegin insert twenty-five-million dollar
24($25,000,000)end insert
limit in subdivision (a), the bureau shall resume
25collecting Student Tuition Recovery Fund assessments when the
26fund falls below twenty million dollars ($20,000,000).

27(c) An otherwise eligible student who enrolled during a period
28when institutions were not required to collect Student Tuition
29Recovery Fund assessments is eligible for Student Tuition
30Recovery Fund payments despite not having paid any Student
31Tuition Recovery Fund assessment.

32

SEC. 81.  

Section 17 of the Elections Code is amended to read:

33

17.  

The Secretary of State shall establish and maintain
34administrative complaint procedures, pursuant to the requirements
35of thebegin insert federalend insert Help America Vote Act of 2002 (52 U.S.C. Sec.
3621112), in order to remedy grievances in the administration of
37elections. The Secretary of State shall not require that the
38administrative remedies provided in the complaint procedures
39established pursuant to this section be exhausted in order to pursue
40any other remedies provided by state or federal law.

P139  1

SEC. 82.  

Section 1000 of the Elections Code is amended to
2read:

3

1000.  

The established election datesbegin delete in each yearend delete are as follows:

4(a) The second Tuesday of April in each even-numbered year.

5(b) The first Tuesday after the first Monday in March of each
6odd-numbered year.

7(c) The first Tuesday after the first Monday in June in each year.

8(d) The first Tuesday after the first Monday in November of
9each year.

10

SEC. 83.  

Section 1301 of the Elections Code is amended to
11read:

12

1301.  

(a) Except as required by Section 57379 of the
13Government Code, and except as provided in subdivision (b), a
14general municipal election shall be held on an established election
15date pursuant to Section 1000.

16(b) (1) Notwithstanding subdivision (a), a city council may
17enact an ordinance, pursuant to Division 10 (commencing with
18Section 10000), requiring its general municipal election to be held
19on thebegin delete same day asend deletebegin insert day ofend insert the statewide direct primary election,
20the day of the statewide general election,begin delete onend delete the day of school
21district elections as set forth in Section 1302, the first Tuesday
22after the first Monday of March in each odd-numbered year, or
23the second Tuesday of April in each year.begin delete Anyend deletebegin insert Anend insert ordinance
24adopted pursuant to this subdivision shall become operative upon
25approval by thebegin insert countyend insert board of supervisors.

26(2) In the event of consolidation, the general municipal election
27shall be conducted in accordance with all applicable procedural
28requirements of this code pertaining to that primary, general, or
29school district election, and shall thereafter occur in consolidation
30with that election.

31(c) If a city adopts an ordinance described in subdivision (b),
32the municipal election following the adoption of the ordinance and
33each municipal election thereafter shall be conducted on the date
34specified by the city council, in accordance with subdivision (b),
35unless the ordinance in question is later repealed by the city
36council.

37(d) If the date of a general municipal election is changed
38pursuant to subdivision (b), at least one election shall be held before
39the ordinance, as approved by thebegin insert countyend insert board of supervisors,
40may be subsequently repealed or amended.

P140  1

SEC. 84.  

Section 2142 of the Elections Code is amended to
2read:

3

2142.  

(a) If the county elections official refuses to register a
4qualified elector in the county, the elector may proceed by action
5in the superior court to compel his or her registration. In an action
6under this section, as many persons may join as plaintiffs as have
7causes of action.

8(b) If the county elections official has not registered a qualified
9elector who claims to have registered to vote through the
10Department of Motor Vehicles or any other public agency
11designated as a voter registration agency pursuant to thebegin insert federalend insert
12 National Voter Registration Act of 1993 (52 U.S.C. Sec.begin delete 20501),end delete
13begin insert 20501 et seq.),end insert the elector may proceed by action in the superior
14court to compel his or her registration. In an action under this
15section, as many persons may join as plaintiffs as have causes of
16action.

17(c) No fee shall be charged by the clerk of the court for services
18rendered in an action under this section.

19

SEC. 85.  

Section 2150 of the Elections Code, as amended by
20Section 4.5 of Chapter 736 of the Statutes of 2015, is amended to
21read:

22

2150.  

(a) The affidavit of registration shall show:

23(1) The facts necessary to establish the affiant as an elector.

24(2) The affiant’s name at length, including his or her given
25name, and a middle name or initial, or if the initial of the given
26name is customarily used, then the initial and middle name. The
27affiant’s given name may be preceded, at the affiant’s option, by
28the designation of “Miss,” “Ms.,” “Mrs.,” or “Mr.” A person shall
29not be denied the right to register because of his or her failure to
30mark a prefix to the given name and shall be so advised on the
31voter registration card. This subdivision shall not be construed as
32requiring the printing of prefixes on an affidavit of registration.

33(3) The affiant’s place of residence, residence telephone number,
34if furnished, and email address, if furnished. A person shall not be
35denied the right to register because of his or her failure to furnish
36a telephone number or email address, and shall be so advised on
37the voter registration card.

38(4) The affiant’s mailing address, if different from the place of
39residence.

P141  1(5) The affiant’s date of birth to establish that he or she will be
2at least 18 years of age on or before the date of the next election.

3(6) The state or country of the affiant’s birth.

4(7) (A) In the case of an affiant who has been issued a current
5and valid driver’s license, the affiant’s driver’s license number.

6(B) In the case of any other affiant, other than an affiant to whom
7subparagraph (C) applies, the last four digits of the affiant’s social
8security number.

9(C) If a voter registration affiant has not been issued a current
10and valid driver’s license or a social security number, the state
11shall assign the applicant a number that will serve to identify the
12affiant for voter registration purposes. If the state has a
13computerized list in effect under this paragraph and the list assigns
14unique identifying numbers to registrants, the number assigned
15under this subparagraph shall be the unique identifying number
16assigned under the list.

17(8) The affiant’s political party preference.

18(9) That the affiant is currently not imprisoned or on parole for
19the conviction of a felony.

20(10) A prior registration portion indicating if the affiant has
21been registered at another address, under another name, or as
22preferring another party. If the affiant has been so registered, he
23or she shall give an additional statement giving that address, name,
24or party.

25(b) The affiant shall certify the content of the affidavit of
26registration as to its truthfulness and correctness, under penalty of
27perjury, with the signature of his or her name and the date of
28signing. If the affiant is unable to write, he or she shall sign with
29a mark or cross. An affiant who is an individual with a disability
30may complete the affidavit with reasonable accommodations as
31needed.

32(c) The affidavit of registration shall also contain a space that
33would enable the affiant to state his or her ethnicity or race, or
34both. An affiantbegin delete mayend deletebegin insert shallend insert not be denied the ability to register
35because he or she declines to state his or her ethnicity or race.

36(d) If a person assists the affiant in completing the affidavit of
37registration, that person shall sign and date the affidavit below the
38signature of the affiant.

39(e) The affidavit of registration shall also contain a space to
40permit the affiant to apply for permanent vote by mail status.

P142  1(f) The Secretary of State may continue to supply existing
2affidavits of registration to county elections officials before printing
3new or revised forms that reflect the changes made to this section
4by Chapter 508 of the Statutes of 2007.

5

SEC. 86.  

Section 2155 of the Elections Code is amended to
6read:

7

2155.  

Upon receipt of a properly executed affidavit of
8registration or address correction notice or letter pursuant to Section
92119, Article 2 (commencing with Section 2220), or thebegin insert federalend insert
10 National Voter Registration Act of 1993 (52 U.S.C. Sec.begin delete 20501),end delete
11begin insert 20501 et seq.),end insert the county elections official shall send the voter a
12voter notification by nonforwardable, first-class mail, address
13correction requested. The voter notification shall state the party
14preference for which the voter has registered in the following
15format:

16Party: (Name of political party)

17The voter notification shall be substantially in the following
18form:

1920VOTER NOTIFICATION
21

22You are registered to vote. The party preference you chose, if
23any, is on this card. This card is being sent as a notification of:

241. Your recently completed affidavit of registration.

2526OR,
27

282. A change to your registration because of an official notice
29that you have moved. If your residence address has not changed
30or if your move is temporary, please call or write to our office
31immediately.

3233OR,
34

353. Your recent registration with a change in party preference.
36If this change is not correct, please call or write to our office
37immediately.


38

 

   

P142 406P142  9

 

P143  1You may vote in any election held 15 or more days after the date
2on this card.

3Your name will appear on the index kept at the polls.

4Please contact our office if the information shown on the reverse
5side of this card is incorrect.

 

   

(Signature of Voter)

P142  9

 

10

SEC. 87.  

Section 2196 of the Elections Code, as amended by
11Section 54 of Chapter 728 of the Statutes of 2015, is amended to
12read:

13

2196.  

(a) (1) Notwithstanding any otherbegin delete provision ofend delete law, a
14person who is qualified to register to vote and who has a valid
15California driver’s license or state identification card may submit
16an affidavit of voter registration electronically on the Internet Web
17site of the Secretary of State.

18(2) An affidavit submitted pursuant to this section is effective
19upon receipt of the affidavit by the Secretary of State if the affidavit
20is received on or before the last day to register for an election to
21be held in the precinct of the person submitting the affidavit.

22(3) The affiant shall affirmatively attest to the truth of the
23information provided in the affidavit.

24(4) For voter registration purposes, the applicant shall
25affirmatively assent to the use of his or her signature from his or
26her driver’s license or state identification card.

27(5) For each electronic affidavit, the Secretary of State shall
28obtain an electronic copy of the applicant’s signature from his or
29her driver’s license or state identification card directly from the
30Department of Motor Vehicles.

31(6) The Secretary of State shall require a person who submits
32an affidavit pursuant to this section to submit all of the following:

33(A) The number from his or her California driver’s license or
34state identification card.

35(B) His or her date of birth.

36(C) The last four digits of his or her social security number.

37(D) Any other information the Secretary of State deems
38necessary to establish the identity of the affiant.

P144  1(7) Upon submission of an affidavit pursuant to this section, the
2electronic voter registration system shall provide for immediate
3verification of both of the following:

4(A) That the applicant has a California driver’s license or state
5identification card and that the number for that driver’s license or
6identification card provided by the applicant matches the number
7for that person’s driver’s license or identification card that is on
8file with the Department of Motor Vehicles.

9(B) That the date of birth provided by the applicant matches the
10date of birth for that person that is on file with the Department of
11Motor Vehicles.

12(8) The Secretary of State shall employ security measures to
13ensure the accuracy and integrity ofbegin delete voter registrationend delete affidavits
14begin insert of voter registrationend insert submitted electronically pursuant to this
15section.

16(b) The Department of Motor Vehicles shallbegin delete utilizeend deletebegin insert useend insert the
17electronic voter registration system required by this section to
18comply with its duties and responsibilities as a voter registration
19agency pursuant to the federal National Voter Registration Act of
201993 (52 U.S.C. Sec. 20501 et seq.).

21(c) The Department of Motor Vehicles and the Secretary of
22State shall maintain a process and the infrastructure to allow the
23electronic copy of the applicant’s signature and other information
24required under this section that is in the possession of the
25department to be transferred to the Secretary of State and to the
26county election management systems to allow a person who is
27qualified to register to vote in California to register to vote under
28this section.

29(d) If an applicant cannot electronically submit the information
30required pursuant to paragraph (6) of subdivision (a), he or she
31shall nevertheless be able to complete the affidavit of voter
32registration electronically on the Secretary of State’s Internet Web
33site, print a hard copy of the completed affidavit, and mail or
34deliver the hard copy of the completed affidavit to the Secretary
35of State or the appropriate county elections official.

36

SEC. 88.  

Section 2250 of the Elections Code is amended to
37read:

38

2250.  

On and after July 1, 2007, in any document mailed by a
39state agency that offers a person the opportunity to register to vote
40pursuant to thebegin insert federalend insert National Voter Registration Act of 1993
P145  1(52 U.S.C. Sec.begin delete 20501)end deletebegin insert 20501 et seq.)end insert that state agency shall
2include a notice informing prospective voters that if they have not
3received voter registration information within 30 days of requesting
4it, they should contact their local elections office or the office of
5the Secretary of State.

6

SEC. 89.  

Section 2263 of the Elections Code is amended to
7read:

8

2263.  

(a) The Department of Motor Vehicles, in consultation
9with the Secretary of State, shall establish a schedule and method
10for the department to electronically provide to the Secretary of
11State the records specified in this section.

12(b) (1) The department shall provide to the Secretary of State,
13in a manner and method to be determined by the department in
14consultation with the Secretary of State, the following information
15associated with each person who submits an application for a
16driver’s license or identification card pursuant to Section 12800,
1712815, or 13000 of the Vehicle Code, or who notifies the
18department of a change of address pursuant to Section 14600 of
19the Vehicle Code:

20(A) Name.

21(B) Date of birth.

22(C) Either or both of the following, as contained in the
23department’s records:

24(i) Residence address.

25(ii) Mailing address.

26(D) Digitized signature, as described in Section 12950.5 of the
27Vehicle Code.

28(E) Telephone number, if available.

29(F) Email address, if available.

30(G) Language preference.

31(H) Political party preference.

32(I) Whether the person chooses to become a permanent vote by
33mail voter.

34(J) Whether the person affirmatively declined to become
35registered to vote during a transaction with the department.

36(K) A notation that the applicant has attested that he or she
37meets all voter eligibility requirements, including United States
38citizenship, specified in Section 2101.

39(L) Other information specified in regulations implementing
40this chapter.

P146  1(2) (A) The department may provide the records described in
2paragraph (1) to the Secretary of State before the Secretary of State
3certifies that all of the conditions set forth in subdivision (e) of
4this section have been satisfied. Records provided pursuant to this
5paragraph shall only be used forbegin delete theend delete purposes of outreach and
6education to eligible voters conducted by the Secretary of State.

7(B) The Secretary shall provide materials created for purposes
8of outreach and education as described in this paragraph in
9languages other than English, as required by the federal Voting
10Rights Act of 1965 (52 U.S.C. Sec. 10503).

11(c) The Secretary of State shall not sell,begin delete transferend deletebegin insert transfer,end insert or
12allow any third party access to the information acquired from the
13Department of Motor Vehicles pursuant to this chapter without
14approval of the department, except as permitted by this chapter
15and Section 2194.

16(d) The department shall not electronically provide records of
17a person who applies for or is issued a driver’s license pursuant to
18Section 12801.9 of the Vehicle Code because he or she is unable
19to submit satisfactory proof that his or her presence in the United
20States is authorized under federal law.

21(e) The Department of Motor Vehicles shall commence
22implementation of this section no later than one year after the
23Secretary of State certifies all of the following:

24(1) The State has a statewide voter registration database that
25complies with the requirements of the federal Help America Vote
26Act of 2002 (52 U.S.C.begin delete Sectionend deletebegin insert Sec.end insert 20901 et seq.).

27(2) The Legislature has appropriated the funds necessary for
28the Secretary of State and the Department of Motor Vehicles to
29implement and maintain the California New Motor Voter Program.

30(3) The regulations required by Section 2270 have been adopted.

31(f) The Department of Motor Vehicles shall not electronically
32provide records pursuant to this section that contain a home address
33designated as confidential pursuant to Section 1808.2, 1808.4, or
341808.6 of the Vehicle Code.

35

SEC. 90.  

Section 2265 of the Elections Code is amended to
36read:

37

2265.  

(a)  The records of a person designated in paragraph (1)
38of subdivision (b) of Section 2263 shall constitute a completed
39affidavit of registration and the Secretary of State shall register
P147  1the person to vote, unless any of the following conditionsbegin delete isend deletebegin insert areend insert
2 satisfied:

3(1) The person’s records, as described in Section 2263, reflect
4that he or she affirmatively declined to become registered to vote
5during a transaction with the Department of Motor Vehicles.

6(2) The person’s records, as described in Section 2263, do not
7 reflect that he or she has attested to meeting all voter eligibility
8requirements specified in Section 2101.

9(3) The Secretary of State determines that the person is ineligible
10to vote.

11(b) (1) If a person who is registered to vote pursuant to this
12chapter does not provide a party preference, his or her party
13preference shall be designated as “Unknown” and he or she shall
14be treated as a “No Party Preference” voter.

15(2) A person whose party preference is designated as
16“Unknown” pursuant to this subdivision shall not be counted for
17purposes of determining the total number of voters registered on
18the specified day preceding an election, as required by subdivision
19(b) of Section 5100 and subdivision (c) of Section 5151.

20

SEC. 91.  

Section 2270 of the Elections Code is amended to
21read:

22

2270.  

The Secretary of State shall adopt regulations to
23implement this chapter, including regulations addressing both of
24the following:

25(a) A process for canceling the registration of a person who is
26ineligible to vote, but became registered under the California New
27Motor Voter Program in the absence of any violation by that person
28of Section 18100.

29(b) An education and outreach campaign informing voters about
30the California New Motor Voter Program that the Secretary of
31State will conduct to implement this chapter. The Secretarybegin insert of
32Stateend insert
may use any public and private funds available for this and
33shall provide materials created for this outreach and education
34campaign in languages other than English, as required by the
35federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

36

SEC. 92.  

Section 2600 of the Elections Code is amended to
37 read:

38

2600.  

The Secretary of State shall establish a Language
39Accessibility Advisory Committee which shall meet no less than
40four times each calendar year. The committee shall consist of no
P148  1less thanbegin delete fifteenend deletebegin insert 15end insert members and be comprised of the Secretary
2of State and his or her designee or designees and additional
3members appointed by the Secretary of State. The appointees shall
4have demonstrated language accessibility experience, have
5knowledge of presenting election materials to voters using plain
6language methods or another method that is easy for voters to
7access and understand, or be a county elections official or his or
8her designee. At least three county elections officials shall be
9appointed to the committee. The Secretary of State shall consult
10with and consider the recommendations of the committee. The
11committee shall serve in an advisory capacity to the Secretary of
12State.

13

SEC. 93.  

Section 3025 of the Elections Code is amended to
14read:

15

3025.  

(a) For purposes of this section, the following terms
16have the following meanings:

17(1) “Vote by mail ballot drop box” means a secure receptacle
18established by a county or city and county elections official
19whereby a voted vote by mail ballot may be returned to the
20elections official from whom it was obtained.

21(2) “Vote by mail ballot drop-off location” means a location
22consisting of a secured vote by mail ballot drop box at which a
23voted vote by mail ballot may be returned to the elections official
24from whom it was obtained.

25(b) On or before January 1, 2017, the Secretary of State shall
26promulgate regulations establishing guidelines based on best
27practices for security measures and procedures, including, but not
28limited to, chain of custody, pick-up times, proper labeling, and
29security ofbegin delete theend delete vote by mail ballot drop boxes, that a county
30elections official may use if the county elections official establishes
31one or more vote by mail ballot drop-off locations.

32

SEC. 94.  

Section 3114 of the Elections Code is amended to
33read:

34

3114.  

(a) For an election for which this state has not received
35a waiver pursuant to thebegin insert federalend insert Military and Overseas Voter
36Empowerment Act (52 U.S.C. Sec. 20301 et seq.), not sooner than
3760 days but not later than 45 days before the election, the elections
38official shall transmit a ballot and balloting materials to each
39military or overseas voterbegin delete whoend deletebegin insert who,end insert by thatbegin delete dateend deletebegin insert date,end insert submits a
40valid ballot application pursuant to Section 3102.

P149  1(b) If a valid ballot application from a military or overseas voter
2arrives after the 45th day before the election, the elections official
3charged with distributing a ballot and balloting materials to that
4voter shall transmit them to the voter as soon as practicable after
5the application arrives.

6

SEC. 95.  

Section 6850 of the Elections Code is amended to
7read:

8

6850.  

This chapter applies to the presidentialbegin insert preferenceend insert
9 primary ballot of the Green Party only. As used in this chapter,
10“Green Party” means the Green Party of California.

11

SEC. 96.  

Section 6850.5 of the Elections Code is amended to
12read:

13

6850.5.  

The Green Party presidentialbegin insert preferenceend insert primary ballot
14shall express the presidential preference of California voters who
15vote in the Green Partybegin delete primary.end deletebegin insert presidential preference primary
16election.end insert
National convention delegates shall be selected as
17provided for in the bylaws and the rules and procedures of the
18Green Party and pursuant to the rules of the national political party
19with which the Green Party is affiliated.

20

SEC. 97.  

The heading of Article 2 (commencing with Section
216851) of Chapter 5 of Part 1 of Division 6 of the Elections Code
22 is amended to read:

23 

24Article 2.  Qualification of Candidates for Presidential Preference
25begin delete Portion ofend delete Primary Ballot
26

 

27

SEC. 98.  

Section 6851 of the Elections Code is amended to
28read:

29

6851.  

The Secretary of State shall place the name of a candidate
30upon the Green Party presidential preferencebegin insert primaryend insert ballot when
31the Secretary of State has determined that the candidate is generally
32advocated for or recognized throughout the United States or
33California as actively seeking the presidential nomination of the
34Green Party or the national political party with which the Green
35Party is affiliated.

36

SEC. 99.  

Section 6853 of the Elections Code is amended to
37read:

38

6853.  

If a selected candidate or an unselected candidate files
39with the Secretary of State, no later than the 68th day before the
40presidentialbegin delete primary,end deletebegin insert primary election,end insert an affidavit stating without
P150  1qualification that she or he is not a candidate for the office of
2President of the United States at the forthcoming presidential
3primary election, the name of that candidate shall be omitted from
4the list of names certified by the Secretary of State to the elections
5official for the ballot and the name of that candidate shall not
6appear on the presidential preferencebegin delete portion of theend delete primary ballot.

7

SEC. 100.  

Section 6854 of the Elections Code is amended to
8read:

9

6854.  

This article applies to the nomination of a Green Party
10candidate for the presidentialbegin insert preferenceend insert primary ballot.

11

SEC. 101.  

Section 6854.5 of the Elections Code is amended
12to read:

13

6854.5.  

Nomination papers properly prepared, circulated,
14signed, and verified shall be left, for examination, with the elections
15official of the county in which they are circulated at least 74 days
16before the presidentialbegin delete primary.end deletebegin insert preference primary election.end insert

17

SEC. 102.  

Section 6855 of the Elections Code is amended to
18read:

19

6855.  

Each signer of a nomination paper for the presidential
20begin insert preferenceend insert primary ballot may sign only one paper. The signer
21shall add her or his printed name and place of residence indicating
22city and giving the street and number, if any.

23

SEC. 103.  

Section 6857 of the Elections Code is amended to
24read:

25

6857.  

The nomination paper for a candidate for the presidential
26preferencebegin delete portion of theend deletebegin insert primaryend insert ballot shall be in substantially
27the following form:


28

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE

 

Section ____________ Page ____________

 

County of __________.

Nomination paper of a presidential preference candidate for the Green Party presidentialbegin insert preferenceend insert primary ballot.

 

State of California

County of    

 ⎱

ss.

 

SIGNER’S STATEMENT

 

 I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Party’s presidential primary ballot, to be voted for at the presidentialbegin insert preferenceend insert primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office.

 

Number_________Signature_________Printed name_________Residence 

   

1.    

2.    

3.    

etc.

 

CIRCULATOR’S DECLARATION

 

 I, ________, affirm all of the following:

 1. That I am 18 years of age or older.

2.That my residence address, including street number, is
   

.
   [If no street or number exists, a designation of my residence adequate to readily ascertain its location is
______.]

 3. That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at ________, California, this ____ day of ____, 20__.

[Signed] ______________________________

Circulator

[Printed Name] _____________________________

 

P152  6

SEC. 104.  

Section 6859 of the Elections Code is amended to
7read:

8

6859.  

Within five days after any nomination papers are left
9with the elections official for examination, the elections official
10shall do both of the following:

11(a) Examine and affix tobegin delete themend deletebegin insert the nomination papersend insert a
12certificate reciting that she or he has examined them and stating
13the number of names that have not been marked “not sufficient.”

14(b) Transmit thebegin insert nominationend insert papers with the certificate of
15examination to the Secretary of State, who shall file the papers.

16

SEC. 105.  

Section 6861.5 of the Elections Code is amended
17to read:

18

6861.5.  

For the presidentialbegin insert preferenceend insert primary election, the
19format of the Green Party ballot shall be governed by Chapter 2
20(commencing with Section 13100) of Division 13, with the
21following exceptions:

22(a) The heading “Presidential Candidate Preference” shall be
23included.

24(b) Selected and unselected presidential candidates shall be
25listed below the heading specified in subdivision (a).

26(c) The instructions to voters shall begin with the words “Vote
27for a candidate.” The instructions to voters shall also include the
28statement that “Delegates to the national convention will be
29selected after thebegin insert presidential preferenceend insert primary election.”

30

SEC. 106.  

Section 6862 of the Elections Code is amended to
31read:

32

6862.  

A person who believes her or his name may be used as
33a write-in candidate for President of the United States shall, no
34later than 21 days before thebegin insert presidential preferenceend insert primary
35election, file an endorsement of her or his write-in candidacy with
36the Secretary of State, or no votes shall be counted for that write-in
37candidate.

38

SEC. 107.  

Section 6863 of the Elections Code is amended to
39read:

P153  1

6863.  

The number of delegates to be selected following the
2presidential preference primarybegin insert electionend insert shall be the number
3established by the national political party with which the Green
4Party is affiliated.

5

SEC. 108.  

Section 7901 of the Elections Code is amended to
6read:

7

7901.  

At each presidentialbegin insert preferenceend insert primary election,
8members of central committees, which shall be termed “county
9councils,” shall be elected in each county.

10

SEC. 109.  

Section 7902 of the Elections Code is amended to
11read:

12

7902.  

For purposes of this chapter, the registration figures used
13shall be those taken from the statement of voters and their political
14preferences transmitted by the elections officials to the Secretary
15of State on or before March 1 of the odd-numbered year preceding
16the next presidentialbegin insert preferenceend insert primary election.

17

SEC. 110.  

Section 7903 of the Elections Code is amended to
18read:

19

7903.  

The number of members of the county council to be
20elected in a county shall be a minimum of three and a maximum
21of 50, and the process in which each county’s number shall be
22calculated shall be defined in the Green Party’s bylaws and, to be
23effective, shall be communicated to the Secretary of State by the
24Green Party Liaison to the Secretary of State no later than 175
25days before the next presidentialbegin insert preferenceend insert primary election.

26

SEC. 111.  

Section 7904 of the Elections Code is amended to
27read:

28

7904.  

At its first meeting following the presidentialbegin insert preferenceend insert
29 primary election and at subsequent meetings, a county council
30may appoint additional members to the county council to fill any
31vacancy.

32

SEC. 112.  

Section 7911 of the Elections Code is amended to
33read:

34

7911.  

Members of county councils shall be elected from one
35or morebegin delete multi-memberend deletebegin insert multimemberend insert districts. Multimember
36districts shall conform to the county boundaries or recognized
37jurisdictional boundaries of Congressional, State Assembly, State
38Senate, or Supervisorial districts within that county, in accordance
39with state Green Party bylaws and county Green Party bylaws.

P154  1

SEC. 113.  

Section 7912 of the Elections Code is amended to
2read:

3

7912.  

The Secretary of State, no later than the 175th day before
4the presidentialbegin insert preferenceend insert primary election, shall compute the
5number of members of a county council to be elected in each
6county and shall mail a certificate to that effect to the elections
7official of each county and to the Green Party Liaison to the
8Secretary of State.

9

SEC. 114.  

Section 7913 of the Elections Code is amended to
10read:

11

7913.  

The elections official, no later than the 172nd day before
12the presidentialbegin insert preferenceend insert primary election, shall compute the
13number of members of a county council to be elected in each
14district if the election of the members is to be by district pursuant
15to this chapter.

16

SEC. 115.  

Section 7918 of the Elections Code is amended to
17read:

18

7918.  

Notwithstanding any other provision of this code, each
19sponsor is entitled to sponsor as many candidates as there are seats
20in thebegin insert county council electionend insert district. Candidate names listed on
21a single sponsor’s certificate, and the signatures on the certificate
22shall count toward the sponsor requirement of each and every
23candidate whose name is listed on the certificate. The number of
24candidates having their names on a sponsor’s certificate shall not
25exceed the number of members of a county council to be elected
26in the district.

27

SEC. 116.  

Section 7921 of the Elections Code is amended to
28read:

29

7921.  

The office of member of county council shall be placed
30on the presidentialbegin insert preferenceend insert primary ballot under the heading
31“Party County Council” in the place and manner designated for
32the office of county central committee pursuant to Chapter 2
33(commencing with Section 13100) of Division 13. The subheading
34printed under party central committees on the presidential
35begin insert preferenceend insert primary ballot shall be in substantially the following
36form: Member of Green Party County Council, ___the __________
37District or Member of the Green Party County Council, _______
38County.

39

SEC. 117.  

Section 7922 of the Elections Code is amended to
40read:

P155  1

7922.  

Except as otherwise provided in this section, the votes
2cast for each candidate for member of county council shall be
3included in the canvass and statement of results in a manner similar
4to the vote for each candidate for county central committees
5pursuant to Division 15 (commencing with Section 15000), and
6specifically:

7(a) The final total of votes cast for each candidate for member
8of county council, including the name, address, and ballot
9designation of eachbegin delete suchend delete candidate, and a specification as to which
10candidates were declared elected shall be certified to the Secretary
11of State without delay upon completion of the official canvass.
12The county clerk shall simultaneously send one copy of this final
13 certification to the Green Party Liaison to the Secretary of State.

14(b) As soon as practicable after the presidentialbegin insert preferenceend insert
15 primary election, the Secretary of State shall prepare a certified
16list, by county, of all elected Green Party members of county
17councils, including their addresses and primary election ballot
18designations. The Secretary of State shall send copies of the list
19to the registrar of voters in each county no later than 45 days
20following the presidentialbegin insert preferenceend insert primary election. This list
21shall be maintained for public inspection by the registrars of voters
22in each county until a subsequent list is received.

23(c) The Secretary of State, no later than 45 days following the
24presidentialbegin insert preferenceend insert primary election, shall send a notice by
25mail to each of the elected members of county councils that informs
26the person that she or he has been elected as a member of the
27county council. The Secretary of State shall send a copy of the
28certified list of all elected members of all county councils to the
29Green Party Liaison to the Secretary of State.

30

SEC. 118.  

Section 7927 of the Elections Code is amended to
31read:

32

7927.  

(a) The state coordinating committee shall have the
33authority to certify, as provided by Green Party bylaws, county
34council members in the following counties:

35(1) Counties where no county council candidates qualified for
36the ballot in the preceding presidentialbegin insert preferenceend insert primary election.

37(2) Counties where all members of the county council have
38become disqualified from holding office.

39(b) County council members certified pursuant to this section
40shall meet the qualifications otherwise required for county council
P156  1members. County council members certified pursuant to this
2section shall be reported by the state coordinating committee to
3the applicable county elections officials. County council members
4certified under this section shall have all the powers and privileges
5otherwise afforded to county councils.

6

SEC. 119.  

Section 12309.5 of the Elections Code is amended
7to read:

8

12309.5.  

(a) No later than June 30, 2005, the Secretary of State
9shall adopt uniform standards for the training of precinct board
10members, based upon the recommendations of the task force
11appointed pursuant to subdivision (b). The uniform standards shall,
12at a minimum, address the following:

13(1) The rights of voters, including, but not limited to, language
14access rights for linguistic minorities, the disabled, and protected
15classes as referenced and defined in the federal Voting Rights Act
16begin insert of 1965end insert (52 U.S.C. Sec. 10301 et seq.).

17(2) Election challenge procedures such as challenging precinct
18 administrator misconduct, fraud, bribery, or discriminatory voting
19procedures as referenced and defined in the federal Voting Rights
20Actbegin insert of 1965end insert (52 U.S.C. Sec. 10301 et seq.).

21(3) Operation of a jurisdiction’s voting system, including, but
22not limited to, modernized voting systems, touch-screen voting,
23and proper tabulation procedures.

24(4) Poll hours and procedures concerning the opening and
25closing of polling locations on election day. Procedures shall be
26developed that, notwithstanding long lines or delays at a polling
27location, ensurebegin delete thatend delete all eligible voters who arrive at the polling
28location before closing time are allowed to cast a ballot.

29(5) Relevant election laws and any other subjects that will assist
30an inspector in carrying out his or her duties.

31(6) Cultural competency, including, but not limited to, having
32adequate knowledge of diverse cultures, including languages, that
33may be encountered by a poll worker during the course of an
34election, and the appropriate skills to work with the electorate.

35(7) Knowledge regarding issues confronting voters who have
36disabilities, including, but not limited to, access barriers and the
37need for reasonable accommodations.

38(8) Procedures involved with provisional, fail-safe provisional,
39vote by mail, and provisional vote by mail voting.

P157  1(b) The Secretary of State shall appoint a task force of at least
212 members who have experience in the administration of elections
3and other relevant backgrounds to study and recommend uniform
4guidelines for the training of precinct board members. The task
5force shall consist of the chief elections officer of the two largest
6counties, the two smallest counties, and two county elections
7officers selected by the Secretary of State, or their designees. The
8Secretary of State shall appoint at least six other members who
9have elections expertise, or their designees, including members of
10community-based organizations that may include citizens familiar
11with different ethnic, cultural, and disabled populations to ensure
12that the task force is representative of the state’s diverse electorate.
13The task force shall make its recommendations available for public
14review and comment before the submission of the
15recommendations to the Secretary of State and the Legislature.

16(c) The task force shall file its recommendations with the
17Secretary of State and the Legislature no later than January 1,
182005.

19

SEC. 120.  

Section 13307 of the Elections Code is amended to
20read:

21

13307.  

(a) (1) Each candidate for nonpartisan elective office
22in any local agency, including any city, county, city and county,
23or district, may prepare a candidate’s statement on an appropriate
24form provided by the elections official. The statement may include
25the name, age, and occupation of the candidate and a brief
26description, of no more than 200 words, of the candidate’s
27education and qualifications expressed by the candidate himself
28or herself. However, the governing body of the local agency may
29authorize an increase in the limitations on words for the statement
30from 200 to 400 words. The statement shall not include the party
31affiliation of the candidate, nor membership or activity in partisan
32political organizations.

33(2) The statement authorized by this subdivision shall be filed
34in the office of the elections official when the candidate’s
35nomination papers are returned for filing, if it is for a primary
36election, or for an election for offices for which there is no primary.
37The statement shall be filed in the office of the elections official
38no later than the 88th day before the election, if it is for an election
39for which nomination papers are not required to be filed. If a runoff
40election or general election occurs within 88 days of the primary
P158  1or first election, the statement shall be filed with the elections
2official by the third day following the governing body’s declaration
3of the results from the primary or first election.

4(3) Except as provided in Section 13309, the statement may be
5withdrawn, but not changed, during the period for filing nomination
6papers and until 5 p.m. of the next working day after the close of
7the nomination period.

8(b) (1) The elections official shall send to each voter, together
9with the sample ballot, a voter’s pamphletbegin delete whichend deletebegin insert thatend insert contains the
10written statements of each candidate that is prepared pursuant to
11this section. The statement of each candidate shall be printed in
12type of uniform size and darkness, and with uniform spacing.

13(2) The elections official shall provide a Spanish translation to
14those candidates who wish to have one, and shall select a person
15to provide that translation who is one of the following:

16(A) A certified and registered interpreter on the Judicial Council
17Master List.

18(B) An interpreter categorized as “certified” or “professionally
19qualified” by the Administrative Office of the United States Courts.

20(C) From an institution accredited by a regional or national
21accrediting agency recognized by the United States Secretary of
22Education.

23(D) A current voting member in good standing of the American
24Translators Association.

25(E) A current member in good standing of the American
26Association of Language Specialists.

27(c) The local agency may estimate the total cost of printing,
28handling, translating, and mailing the candidate’s statements filed
29pursuant to this section, including costs incurred as a result of
30complying with the federal Voting Rights Act of 1965, as amended.
31The local agency may require each candidate filing a statement to
32pay in advance to the local agency his or her estimated pro rata
33share as a condition of having his or her statement included in the
34voter’s pamphlet.begin delete In the event theend deletebegin insert If anend insert estimated payment is
35required, the receipt for the payment shall include a written notice
36that the estimate is just an approximation of the actual cost that
37varies from one election to another election and may be
38significantly more or less than the estimate, depending on the actual
39number of candidates filing statements. Accordingly, the local
40agency is not bound by the estimate and may, on a pro rata basis,
P159  1bill the candidate for additional actual expense or refund any excess
2paid depending on the final actual cost. In the event of
3underpayment, the local agency may require the candidate to pay
4the balance of the cost incurred. In the event of overpayment, the
5local agencybegin delete which,end deletebegin insert that,end insert or the elections official who, collected
6the estimated cost shall prorate the excess amount among the
7candidates and refund the excess amount paid within 30 days of
8the election.

9(d) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be deemed to make
10any statement, or the authors thereof, free or exempt from any civil
11or criminal action or penalty because of any false, slanderous, or
12libelous statements offered for printing or contained in the voter’s
13pamphlet.

14(e) Before the nominating period opens, the local agency for
15that election shall determine whether a charge shall be levied
16against that candidate for the candidate’s statement sent to each
17voter. This decision shall not be revoked or modified after the
18seventh daybegin delete prior toend deletebegin insert beforeend insert the opening of the nominating period.
19A written statement of the regulations with respect to charges for
20handling, packaging, and mailing shall be provided to each
21candidate or his or her representative at the time he or she picks
22up the nomination papers.

23(f) For purposes of this section and Section 13310, the board of
24supervisors shall be deemed the governing body of judicial
25elections.

26

SEC. 121.  

Section 14026 of the Elections Code is amended to
27read:

28

14026.  

As used in this chapter:

29(a) “At-large method of election” means any of the following
30methods of electing members to the governing body of a political
31subdivision:

32(1) One in which the voters of the entire jurisdiction elect the
33members to the governing body.

34(2) One in which the candidates are required to reside within
35given areas of the jurisdiction and the voters of the entire
36jurisdiction elect the members to the governing body.

37(3) Onebegin delete whichend deletebegin insert thatend insert combines at-large elections with
38district-based elections.

39(b) “District-based elections” means a method of electing
40members to the governing body of a political subdivision in which
P160  1the candidate must reside within an election district that is a
2divisible part of the political subdivision and is elected only by
3voters residing within that election district.

4(c) “Political subdivision” means a geographic area of
5representation created for the provision of government services,
6including, but not limited to, a general law city, general law county,
7charter city, charter county, charter city and county,begin delete aend delete school
8district, community college district, or other district organized
9pursuant to state law.

10(d) “Protected class” means a class of voters who are members
11of a race, color, or language minority group, as this class is
12referenced and defined in the federal Voting Rights Actbegin insert of 1965end insert
13 (52 U.S.C. Sec. 10301 et seq.).

14(e) “Racially polarized voting” means voting in which there is
15a difference, as defined in case law regarding enforcement of the
16federal Voting Rights Actbegin insert of 1965end insert (52 U.S.C. Sec. 10301 et seq.),
17in the choice of candidates or other electoral choices that are
18preferred by voters in a protected class, and in the choice of
19candidates and electoral choices that are preferred by voters in the
20rest of the electorate. The methodologies for estimating group
21voting behavior as approved in applicable federal cases to enforce
22the federal Voting Rights Actbegin insert of 1965end insert (52 U.S.C. Sec. 10301 et
23seq.) to establish racially polarized voting may be used for purposes
24of this section to prove that elections are characterized by racially
25polarized voting.

26

SEC. 122.  

Section 14405 of the Elections Code is amended to
27read:

28

14405.  

(a) The members of the precinct board shall account
29for the ballots delivered to them by returning a sufficient number
30of unused ballots to make up, when added to the number of official
31ballots cast and the number of spoiled and canceled ballots
32returned, the number of ballots given to them. The accounting of
33ballots may either:

34(1) Take place at the polling place.

35(2) Be performed by thebegin insert countyend insert elections official at the central
36counting place.

37(b) The precinct board shall complete the roster as required in
38Section 14107, and shall also complete and sign the certificate of
39performance prescribed in Section 15280, if that section applies.

P161  1

SEC. 123.  

Section 18108 of the Elections Code is amended to
2read:

3

18108.  

(a) Except as provided in subdivision (c),begin delete anyend deletebegin insert aend insert person
4who receives money or other valuable consideration to assist
5another to register to vote by receiving the completed affidavit of
6registration from the elector, and fails to comply with Section
72159, is guilty of a misdemeanor, and shall be punished by a fine
8not exceeding one thousand dollars ($1,000), or by imprisonment
9in the county jail not exceeding six months orbegin delete whenend deletebegin insert ifend insert the failure
10to comply is found to be willful, not exceeding one year, or both.

11(b) begin deleteAny end deletebegin insertA end insertperson who receives money or other valuable
12consideration to assist another to register to vote by receiving the
13completed affidavit of registration from the elector, upon a third
14or subsequent conviction, on charges brought and separately tried,
15for failure to comply with Section 2159 shall be punished by a fine
16not exceeding ten thousand dollars ($10,000), or by imprisonment
17in the county jail not to exceed one year, or both.

18(c) This sectionbegin delete shallend deletebegin insert doesend insert not apply tobegin delete anyend deletebegin insert aend insert public agency or
19its employees that is designated as a voter registration agency
20pursuant to thebegin insert federalend insert National Voter Registration Act of 1993
21(52 U.S.C. Sec. 20501 et seq.),begin delete whenend deletebegin insert ifend insert an elector asks for
22assistance to register to vote during the course and scope of the
23agency’s normal business.

24

SEC. 124.  

Section 18108.1 of the Elections Code is amended
25to read:

26

18108.1.  

(a) Except as provided in subdivision (c),begin delete anyend deletebegin insert aend insert
27 person who receives money or other valuable consideration to
28assist another to register to vote by receiving the completed
29affidavit of registration from the elector, and knowingly
30misrepresents himself or herself as having helped register another
31to vote on a registration form, pursuant to Section 2159, is guilty
32of a misdemeanor, and shall be punished by a fine not exceeding
33one thousand dollars ($1,000), by imprisonment in the county jail
34not exceeding six months, or by both the fine and imprisonment.

35(b) begin deleteAny end deletebegin insertA end insertperson who receives money or other valuable
36consideration to assist another to register to vote by receiving the
37completed affidavit of registration from the elector, upon a third
38or subsequent conviction, on charges brought and separately tried,
39for misrepresenting himself or herself as having helped register
40another to vote on a registration form, pursuant to Section 2159,
P162  1shall be punished by a fine not exceeding ten thousand dollars
2($10,000), by imprisonment in the county jail not to exceed one
3year, or by both the fine and imprisonment.

4(c) This sectionbegin delete shallend deletebegin insert doesend insert not apply tobegin delete anyend deletebegin insert aend insert public agency or
5its employees that is designated as a voter registration agency
6pursuant to thebegin insert federalend insert National Voter Registration Act of 1993
7(52 U.S.C. Sec. 20501 et seq.),begin delete whenend deletebegin insert ifend insert an elector asks for
8assistance to register to vote during the course and scope of the
9agency’s normal business.

10

SEC. 125.  

Section 980 of the Evidence Code is amended to
11read:

12

980.  

Subject to Section 912 and except as otherwise provided
13in this article, abegin delete spouse (or hisend deletebegin insert spouse, or the spouse’send insert guardian or
14conservatorbegin delete when heend deletebegin insert if the spouseend insert has a guardian orbegin delete conservator),end delete
15begin insert conservator,end insert whether or not a party, has a privilege during the
16marital relationship and afterwards to refuse to disclose, and to
17prevent another from disclosing, a communication ifbegin delete heend deletebegin insert the spouseend insert
18 claims the privilege and thebegin delete comunicationend deletebegin insert communicationend insert was
19made in confidence betweenbegin delete himend deletebegin insert the spouseend insert and the other spouse
20while they werebegin delete husband and wife.end deletebegin insert married.end insert

21

SEC. 126.  

Section 1010 of the Evidence Code is amended to
22read:

23

1010.  

As used in this article, “psychotherapist” means a person
24who is, or is reasonably believed by the patient to be:

25(a) A person authorized to practice medicine in any state or
26nation who devotes, or is reasonably believed by the patient to
27devote, a substantial portion of his or her time to the practice of
28psychiatry.

29(b) A person licensed as a psychologist under Chapter 6.6
30(commencing with Section 2900) of Division 2 of the Business
31and Professions Code.

32(c) A person licensed as a clinical social worker under Article
334 (commencing with Section 4996) of Chapter 14 of Division 2
34of the Business and Professions Code, when he or she is engaged
35in applied psychotherapy of a nonmedical nature.

36(d) A person who is serving as a school psychologist and holds
37a credential authorizing that service issued by the state.

38(e) A person licensed as a marriage and family therapist under
39Chapter 13 (commencing with Section 4980) of Division 2 of the
40Business and Professions Code.

P163  1(f) A person registered as a psychological assistant who is under
2the supervision of a licensed psychologist or board certified
3psychiatrist as required by Section 2913 of the Business and
4Professions Code, or a person registered as a marriage and family
5therapist intern who is under the supervision of a licensed marriage
6and family therapist, a licensed clinical social worker, a licensed
7psychologist, or a licensed physician and surgeon certified in
8psychiatry, as specified in Section 4980.44 of the Business and
9Professions Code.

10(g) A person registered as an associate clinical social worker
11who is under supervision as specified in Section 4996.23 of the
12Business and Professions Code.

13(h) A personbegin delete whoend delete registered with the Board of Psychology as
14a registered psychologistbegin delete andend delete who is under the supervision of a
15licensed psychologist or board certified psychiatrist.

16(i) A psychological intern as defined in Section 2911 of the
17Business and Professions Code who is under the supervision of a
18licensed psychologist or board certified psychiatrist.

19(j) A trainee, as defined in subdivision (c) of Section 4980.03
20of the Business and Professions Code, who is fulfilling his or her
21supervised practicum required by subparagraph (B) of paragraph
22(1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of
23Section 4980.37 of, the Business and Professions Code and is
24supervised by a licensed psychologist, a board certified psychiatrist,
25a licensed clinical social worker, a licensed marriage and family
26therapist, or a licensed professional clinical counselor.

27(k) A person licensed as a registered nurse pursuant to Chapter
286 (commencing with Section 2700) of Division 2 of the Business
29and Professions Code, who possesses a master’s degree in
30psychiatric-mental health nursing and is listed as a
31psychiatric-mental health nurse by the Board of Registered
32Nursing.

33(l) An advanced practice registered nurse who is certified as a
34clinical nurse specialist pursuant to Article 9 (commencing with
35Section 2838) of Chapter 6 of Division 2 of the Business and
36Professions Code and who participates in expert clinical practice
37in the specialty of psychiatric-mental health nursing.

38(m) A person rendering mental health treatment or counseling
39services as authorized pursuant to Section 6924 of the Family
40Code.

P164  1(n) A person licensed as a professional clinical counselor under
2Chapter 16 (commencing with Section 4999.10) of Division 2 of
3the Business and Professions Code.

4(o) A person registered as a clinical counselor intern who is
5under the supervision of a licensed professional clinical counselor,
6a licensed marriage and family therapist, a licensed clinical social
7worker, a licensed psychologist, or a licensed physician and
8surgeon certified in psychiatry, as specified in Sections 4999.42
9to 4999.46, inclusive, of the Business and Professions Code.

10(p) A clinical counselor trainee, as defined in subdivision (g)
11of Section 4999.12 of the Business and Professions Code, who is
12fulfilling his or her supervised practicum required by paragraph
13(3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of
14subdivision (c) of Section 4999.33 of, the Business and Professions
15Code, and is supervised by a licensed psychologist, a
16board-certified psychiatrist, a licensed clinical social worker, a
17licensed marriage and family therapist, or a licensed professional
18clinical counselor.

19

SEC. 127.  

Section 1106 of the Evidence Code is amended to
20read:

21

1106.  

(a) In any civil action alleging conduct which constitutes
22sexual harassment, sexual assault, or sexual battery, opinion
23evidence, reputation evidence, and evidence of specific instances
24ofbegin insert theend insert plaintiff’s sexual conduct, or any of that evidence, is not
25admissible by the defendant in order to prove consent by the
26plaintiff or the absence of injury to the plaintiff, unless the injury
27alleged by the plaintiff is in the nature of loss of consortium.

28(b) Subdivision (a)begin delete shallend deletebegin insert doesend insert notbegin delete be applicableend deletebegin insert applyend insert to evidence
29of the plaintiff’s sexual conduct with the alleged perpetrator.

30(c) Notwithstanding subdivision (b), in any civil action brought
31pursuant to Section 1708.5 of the Civil Code involving a minor
32and adult as described in Section 1708.5.5 of the Civil Code,
33evidence of the plaintiff minor’s sexual conduct with the defendant
34adult shall not be admissible to prove consent by the plaintiff or
35the absence of injury to the plaintiff. Such evidence of the
36plaintiff’s sexual conduct may only be introduced to attack the
37credibility of the plaintiff in accordance with Section 783 or to
38prove something other than consent by the plaintiff if, upon a
39hearing of the court out of the presence of the jury, the defendant
P165  1proves that the probative value of that evidence outweighs the
2prejudice to the plaintiff consistent with Section 352.

3(d)  If the plaintiff introduces evidence, including testimony of
4a witness, or the plaintiff as a witness gives testimony, and the
5evidence or testimony relates to the plaintiff’s sexual conduct, the
6defendant may cross-examine the witness who gives the testimony
7and offer relevant evidence limited specifically to the rebuttal of
8the evidence introduced by the plaintiff or given by the plaintiff.

9(e) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed to make
10inadmissible any evidence offered to attack the credibility of the
11plaintiff as provided in Section 783.

12

SEC. 128.  

Section 1157 of the Evidence Code is amended to
13read:

14

1157.  

(a) Neither the proceedings nor the records of organized
15committees of medical, medical-dental, podiatric, registered
16dietitian, psychological, marriage and family therapist, licensed
17clinical social worker, professional clinical counselor, pharmacist,
18or veterinary staffs in hospitals, or of a peer review body, as defined
19in Section 805 of the Business and Professions Code, having the
20responsibility of evaluation and improvement of the quality of care
21rendered in the hospital, or for that peer review body, or medical
22or dental review or dental hygienist review or chiropractic review
23or podiatric review or registered dietitian review or pharmacist
24review or veterinary review or acupuncturist review committees
25of local medical, dental, dental hygienist, podiatric, dietetic,
26begin delete pharmacy,end deletebegin insert pharmacist,end insert veterinary, acupuncture, or chiropractic
27societies, marriage and family therapist, licensed clinical social
28worker, professional clinical counselor, or psychological review
29committees of state or local marriage and family therapist, state
30or local licensed clinical social worker, state or local licensed
31professional clinical counselor, or state or local psychological
32associations or societies having the responsibility of evaluation
33and improvement of the quality of care, shall be subject to
34discovery.

35(b) Except as hereinafter provided, a person in attendance at a
36meeting of any of the committees described in subdivision (a) shall
37not be required to testify as to what transpired at that meeting.

38(c) The prohibition relating to discovery or testimony does not
39apply to the statements made by a person in attendance at a meeting
40of any of the committees described in subdivision (a) if that person
P166  1is a party to an action or proceeding the subject matter of which
2was reviewed at that meeting,begin delete orend delete to a person requesting hospital
3staff privileges, or in an action against an insurance carrier alleging
4bad faith by the carrier in refusing to accept a settlement offer
5within the policy limits.

6(d) The prohibitions in this section do not apply to medical,
7dental, dental hygienist, podiatric, dietetic, psychological, marriage
8and family therapist, licensed clinical social worker, professional
9clinical counselor, pharmacist, veterinary, acupuncture, or
10chiropractic society committees that exceed 10 percent of the
11membership of the society, nor to any of those committees ifbegin delete anyend delete
12begin insert aend insert person serves upon the committee when his or her own conduct
13or practice is being reviewed.

14(e) The amendments made to this section by Chapter 1081 of
15the Statutes of 1983, or at the 1985 portion of the 1985-86 Regular
16Session of the Legislature, at the 1990 portion of the 1989-90
17Regular Session of the Legislature, at the 2000 portion of the
181999-2000 Regular Session of the Legislature,begin delete orend delete at the 2011
19portion of the 2011-12 Regular Session of the Legislature, or at
20the 2015 portion of the 2015-16 Regular Session of the Legislature,
21do not exclude the discovery or use of relevant evidence in a
22criminal action.

23

SEC. 129.  

Section 7612 of the Family Code is amended to
24read:

25

7612.  

(a) Except as provided in Chapter 1 (commencing with
26Section 7540) and Chapter 3 (commencing with Section 7570) of
27Partbegin delete 2 or in Section 20102,end deletebegin insert 2,end insert a presumption under Section 7611
28is a rebuttable presumption affecting the burden of proof and may
29be rebutted in an appropriate action only by clear and convincing
30evidence.

31(b) If two or more presumptions arise under Section 7610 or
327611 that conflict with each other, or if a presumption under
33Section 7611 conflicts with a claim pursuant to Section 7610, the
34presumption which on the facts is founded on the weightier
35considerations of policy and logic controls.

36(c) In an appropriate action, a court may find that more than
37two persons with a claim to parentage under this division are
38parents if the court finds that recognizing only two parents would
39be detrimental to the child. In determining detriment to the child,
40the court shall consider all relevant factors, including, but not
P167  1limited to, the harm of removing the child from a stable placement
2with a parent who has fulfilled the child’s physical needs and the
3child’s psychological needs for care and affection, and who has
4assumed that role for a substantial period of time. A finding of
5detriment to the child does not require a finding of unfitness of
6any of the parents or persons with a claim to parentage.

7(d) Unless a court orders otherwise after making the
8determination specified in subdivision (c), a presumption under
9Section 7611 is rebutted by a judgment establishing parentage of
10the child by another person.

11(e) Within two years of the execution of a voluntary declaration
12of paternity, a person who is presumed to be a parent under Section
137611 may file a petition pursuant to Section 7630 to set aside a
14voluntary declaration of paternity. The court’s ruling on the petition
15to set aside the voluntary declaration of paternity shall be made
16taking into account the validity of the voluntary declaration of
17paternity,begin delete andend delete the best interests of the child based upon the court’s
18consideration of the factors set forth in subdivision (b) of Section
197575,begin delete as well asend deletebegin insert andend insert the best interests of the child based upon the
20nature, duration, and quality of the petitioning party’s relationship
21with the child and the benefit or detriment to the child of continuing
22that relationship. In the event ofbegin delete anyend deletebegin insert aend insert conflict between the
23presumption under Section 7611 and the voluntary declaration of
24paternity, the weightier considerations of policy and logic shall
25control.

26(f) A voluntary declaration of paternity is invalid if, at the time
27the declaration was signed, any of the following conditions exist:

28(1) The child already had a presumed parent under Section 7540.

29(2) The child already had a presumed parent under subdivision
30(a), (b), or (c) of Section 7611.

31(3) The man signing the declaration is a sperm donor, consistent
32with subdivision (b) of Section 7613.

33(g) A person’s offer or refusal to sign a voluntary declaration
34of paternity may be considered as a factor, but shall not be
35determinative, as to the issue of legal parentage in any proceedings
36regarding the establishment or termination of parental rights.

37

SEC. 130.  

Section 7613.5 of the Family Code is amended to
38read:

39

7613.5.  

(a) An intended parent may, but is not required to, use
40the forms set forth in this section to demonstrate his or her intent
P168  1to be a legal parent of a child conceived through assisted
2reproduction. These forms shall satisfy the writing requirement
3specified in Section 7613, and are designed to provide clarity
4regarding the intentions, at the time of conception, of intended
5parents using assisted reproduction. These forms do not affect any
6presumptions of parentage based on Section 7611, and do not
7preclude a court from considering any other claims to parentage
8under California statute or case law.

9(b) These forms apply only in very limited circumstances. Please
10read the forms carefully to see if you qualify for use of the forms.

11(c) These forms do not apply to assisted reproduction agreements
12for gestational carriers or surrogacy agreements.

13(d) Nothing in this section shall be interpreted to require the use
14of one of these forms to satisfy the writing requirement of Section
157613.

16(e) The following are the optional California Statutory Forms
17for Assisted Reproduction:


18

 

California Statutory Forms for Assisted Reproduction, Form 1:

 

Two Married or Unmarried People Using Assisted Reproduction to Conceive a Child

Use this form if: You and another intended parent, who may be your spouse or registered domestic partner, are conceiving a child through assisted reproduction using sperm and/or egg donation; and one of you will be giving birth.

 

WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights. Even if you do not fill out this form, a spouse or domestic partner of the parent giving birth is presumed to be a legal parent of any child born during the marriage or domestic partnership.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm and/or egg donation.

 

I, ____________________ (print name of person not giving birth), intend to be a parent of a child that ____________________ (print name of person giving birth) will or has conceived through assisted reproduction using sperm and/or egg donation. I consent to the use of assisted reproduction by the person who will give birth. I INTEND to be a parent of the child conceived.

 

SIGNATURES

 

Intended parent who will give birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent who will not give birth: ____________ (print name)

_________________________ (signature)  ___________(date)

P169 20P169  4P169 1135P169  327P169 24P169  8

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 
P169 1135P169  327P169 24P169  8

 

 

______ ______

 

California Statutory Forms for Assisted Reproduction, Form 2:

 

Unmarried, Intended Parents Using Intended Parent’s Sperm to Conceive a Child

Use this form if: (1) Neither you or the other person are married or in a registered domestic partnership (including a registered domestic partnership or civil union from another state); (2) one of you will give birth to a child conceived through assisted reproduction using the intended parent’s sperm; and (3) you both intend to be parents of that child.

 

Do not use this form if you are conceiving using a surrogate.

 

WARNING: If you do not sign this form, or a similar agreement, you may be treated as a sperm donor if you conceive without having sexual intercourse according to Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using sperm donation.

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction with another intended parent who is providing sperm to conceive the child. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND for the person providing sperm to be a parent of the child to be conceived.

 

I, ____________________ (print name of parent providing sperm), plan to use assisted reproduction to conceive a child using my sperm with the parent giving birth. I am not married and am not in a registered domestic partnership (including a registered domestic partnership or civil union from another jurisdiction), and I INTEND to be a parent of the child to be conceived.

 

SIGNATURES

 

Intended parent giving birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent providing sperm: ____________ (print name)

_________________________ (signature)  ___________(date)

P169  327P169 24P169  8

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 
P169 24P169  8

 

 

______ ______

 

California Statutory Forms for Assisted Reproduction, Form 3:

 

Intended Parents Conceiving a Child Using Eggs from One Parent and the Other Parent Will Give Birth

Use this form if: You are conceiving a child using the eggs from one of you and the other person will give birth to the child; (2) and you both intend to be parents to that child.

 

Do not use this form if you are conceiving using a surrogate.

 

WARNING: Signing this form does not terminate the parentage claim of a sperm donor. A sperm donor’s claim to parentage is terminated if the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or if you conceive without having sexual intercourse and you have a written agreement signed by you and the donor that you will conceive using assisted reproduction and do not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

 

______ ______

 

This form demonstrates your intent to be parents of the child you plan to conceive through assisted reproduction using eggs from one parent and the other parent will give birth to the child.

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive and give birth to a child with another person who will provide eggs to conceive the child. I INTEND for the person providing eggs to be a parent of the child to be conceived.

 

I, ____________________ (print name of parent providing eggs), plan to use assisted reproduction to conceive a child with another person who will give birth to the child conceived using my eggs. I INTEND to be a parent of the child to be conceived.

 

SIGNATURES

 

Intended parent giving birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

Intended parent providing eggs: ____________ (print name)

_________________________ (signature)  ___________(date)

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 

 

 

______ ______

 

California Statutory Forms for Assisted Reproduction, Form 4:

 

Intended Parent(s) Using a Known Sperm and/or Egg Donor(s) to Conceive a Child

Use this form if: You are using a known sperm and/or egg donor(s), or embryo donation, to conceive a child and you do not intend for the donor(s) to be a parent.

 

Do not use this form if you are conceiving using a surrogate.

 

If you do not sign this form or a similar agreement, your sperm donor may be treated as a parent unless the sperm is provided to a licensed physician and surgeon or to a licensed sperm bank prior to insemination, or a court finds by clear and convincing evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(b) of the Family Code. If you do not sign this form or a similar agreement, your egg donor may be treated as a parent unless a court finds that there is satisfactory evidence that you planned to conceive through assisted reproduction and did not intend for the donor to be a parent, as required by Section 7613(c) of the Family Code.

 

The laws about parentage of a child are complicated. You are strongly encouraged to consult with an attorney about your rights.

 

______ ______

 

This form demonstrates your intent that your sperm and/or egg or embryo donor(s) will not be a parent or parents of the child you plan to conceive through assisted reproduction.

 

I, ____________________ (print name of parent giving birth), plan to use assisted reproduction to conceive using a sperm and/or egg donor(s) or embryo donation, and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent of the child to be conceived.

 

(If applicable) I, ____________________ (print name of sperm donor), plan to donate my sperm to____________________ (print name of parent giving birth and second parent if applicable). I am not marriedbegin insert toend insert and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), and I DO NOT INTEND to be a parent of the child to be conceived.

 

(If applicable) I, ____________________ (print name of egg donor), plan to donate my ova to____________________ (print name of parent giving birth and second parent if applicable). I am not marriedbegin insert toend insert and am not in a registered domestic partnership (including a registered domestic partnership or a civil union from another jurisdiction) with ____________________ (print name of parent giving birth), or any intimate and nonmarital relationship with ____________________ (print name of parent giving birth) and I DO NOT INTEND to be a parent of the child to be conceived.

 

(If applicable) I, ____________________ (print name of intended parent not giving birth), INTEND to be a parent of the child that____________________ (print name of parent giving birth) will conceive through assisted reproduction using sperm and/or egg donation and I DO NOT INTEND for the sperm and/or egg or embryo donor(s) to be a parent. I consent to the use of assisted reproduction by the person who will give birth.

 

SIGNATURES

 

Intended parent giving birth: ___________________ (print name)

________________________ (signature)  ____________(date)

 

(If applicable) Sperm Donor: ___________________ (print name)

________________________ (signature)  ____________(date)

 

(If applicable) Egg Donor: ___________________ (print name)

________________________ (signature)  ____________(date)

 

(If applicable) Intended parent not giving birth: ____________ (print name)

_________________________ (signature)  ___________(date)

 

 

______ ______

 

NOTARY ACKNOWLEDGMENT

 

State of California

County of    )      

 

On     before me,
(insert name and title of the officer)

personally appeared    ,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal.

 

Signature     (Seal)

 

 

9

SEC. 131.  

Section 8811 of the Family Code is amended to
10read:

11

8811.  

(a) The department or delegated county adoption agency
12shall require each person who files an adoption petition to be
13fingerprinted and shall secure from an appropriate law enforcement
14agency any criminal record of that person to determinebegin delete whetherend deletebegin insert ifend insert
15 the person has ever been convicted of a crime other than a minor
16traffic violation. The department or delegated county adoption
17agency may also secure the person’s full criminal record, if any,
18with the exception of any convictions for which relief has been
19granted pursuant to Section 1203.49 of the Penal Code. Any
20federal-level criminal offender record requests to the Department
21of Justice shall be submitted with fingerprint images and related
22information required by the Department of Justice for the purposes
23of obtaining information as to the existence and content of a record
24of an out-of-state or federal conviction or arrest of a person or
25information regarding any out-of-state or federal crimes or arrests
26for which the Department of Justice establishes that the person is
27free on bail, or on his or her own recognizance pending trial or
28appeal. The Department of Justice shall forward to the Federal
29Bureau of Investigation any requests for federal summary criminal
30history information received pursuant to this section. The
31Department of Justice shall review the information returned from
32the Federal Bureau of Investigation and shall compile and
33disseminate a response to the department or delegated county
34adoption agency.

35(b) Notwithstanding subdivision (c), the criminal record, if any,
36shall be taken into consideration when evaluating the prospective
37adoptive parent, and an assessment of the effects of any criminal
38history on the ability of the prospective adoptive parent to provide
39adequate and proper care and guidance to the child shall be
40included in the report to the court.

P177  1(c) (1) The department or a delegated county adoption agency
2shall not give final approval for an adoptive placement in any home
3in which the prospective adoptive parent or any adult living in the
4prospective adoptive home has either of the following:

5(A) A felony conviction for child abuse or neglect, spousal
6abuse, crimes against a child, including child pornography, or for
7a crime involving violence, including rape, sexual assault, or
8homicide, but not including other physical assault and battery. For
9purposes of this subdivision, crimes involving violence means
10those violent crimes contained in clause (i) of subparagraph (A),
11and subparagraph (B), of paragraph (1) of subdivision (g) of
12Section 1522 of the Health and Safety Code.

13(B) A felony conviction that occurred within the last five years
14for physical assault, battery, or a drug- or alcohol-related offense.

15(2) This subdivision shall become operative on October 1, 2008,
16and shall remain operative only to the extent that compliance with
17its provisions is required by federal law as a condition of receiving
18funding under Title IV-E of the federal Social Security Act (42
19U.S.C.begin insert Sec.end insert 670 et seq.).

20(d) Any fee charged by a law enforcement agency for
21fingerprinting or for checking or obtaining the criminal record of
22the petitioner shall be paid by the petitioner. The department or
23delegated county adoption agency may defer, waive, or reduce the
24feebegin delete whenend deletebegin insert ifend insert its payment would cause economic hardship to the
25prospective adoptive parents detrimental to the welfare of the
26adopted child,begin delete whenend deletebegin insert ifend insert the child has been in the foster care of the
27prospective adoptive parents for at least one year, or if necessary
28for the placement of a special-needs child.

29

SEC. 132.  

Section 8908 of the Family Code is amended to
30read:

31

8908.  

(a) A licensed adoption agency shall require each person
32filing an application for adoption to be fingerprinted and shall
33secure from an appropriate law enforcement agency any criminal
34record of that person to determinebegin delete whetherend deletebegin insert ifend insert the person has ever
35been convicted of a crime other than a minor traffic violation. The
36licensed adoption agency may also secure the person’s full criminal
37record, if any, with the exception of any convictions for which
38relief has been granted pursuant to Section 1203.49 of the Penal
39Code. Any federal-level criminal offender record requests to the
40Department of Justice shall be submitted with fingerprint images
P178  1and related information required by the Department of Justice for
2the purposes of obtaining information as to the existence and
3content of a record of an out-of-state or federal conviction or arrest
4of a person or information regarding any out-of-state or federal
5crimes or arrests for which the Department of Justice establishes
6that the person is free on bail, or on his or her own recognizance
7pending trial or appeal. The Department of Justice shall forward
8to the Federal Bureau of Investigation any requests for federal
9summary criminal history information received pursuant to this
10section. The Department of Justice shall review the information
11returned from the Federal Bureau of Investigation and shall compile
12and disseminate a fitness determination to the licensed adoption
13agency.

14(b) Notwithstanding subdivision (c), the criminal record, if any,
15shall be taken into consideration when evaluating the prospective
16adoptive parent, and an assessment of the effects of any criminal
17history on the ability of the prospective adoptive parent to provide
18adequate and proper care and guidance to the child shall be
19included in the report to the court.

20(c) (1) A licensed adoption agency shall not give final approval
21for an adoptive placement in any home in which the prospective
22adoptive parent, or any adult living in the prospective adoptive
23home, has a felony conviction for either of the following:

24(A) Any felony conviction for child abuse or neglect, spousal
25abuse, crimes against a child, including child pornography, or for
26a crime involving violence, including rape, sexual assault, or
27homicide, but not including other physical assault and battery. For
28purposes of this subdivision, crimes involving violence means
29those violent crimes contained in clause (i) of subparagraph (A),
30and subparagraph (B), of paragraph (1) of subdivision (g) of
31Section 1522 of the Health and Safety Code.

32(B) A felony conviction that occurred within the last five years
33for physical assault, battery, or a drug- or alcohol-related offense.

34(2) This subdivision shall become operative on October 1, 2008,
35and shall remain operative only to the extent that compliance with
36its provisions is required by federal law as a condition of receiving
37funding under Title IV-E of the federal Social Security Act (42
38U.S.C.begin insert Sec.end insert 670 et seq.).

39(d) Any fee charged by a law enforcement agency for
40fingerprinting or for checking or obtaining the criminal record of
P179  1the applicant shall be paid by the applicant. The licensed adoption
2agency may defer, waive, or reduce the feebegin delete whenend deletebegin insert ifend insert its payment
3would cause economic hardship to the prospective adoptive parents
4detrimental to the welfare of the adopted child.

5

SEC. 133.  

Section 20024 of the Family Code is repealed.

begin delete
6

20024.  

(a) The costs of the Family Law Evaluator, any staff
7necessary to assist the Family Law Evaluator, and the cost of the
8booklet describing the program, if any, shall be borne by an
9increase and an equalization of filing fees in San Mateo County
10to one hundred fifty dollars ($150) for all petitions for marital
11dissolution, annulment, and legal separation, and all first papers
12on behalf of respondents in proceedings for marital dissolution,
13annulment, and legal separation. Alternatively, the costs associated
14with this pilot program may be paid from other funding sources.

15(b) A donation of computers, printers, software, and other
16equipment shall be solicited from existing hardware and software
17providers.

end delete
18

SEC. 134.  

Section 20039 of the Family Code is repealed.

begin delete
19

20039.  

(a) The costs of the pilot project shall be borne by an
20equalization of filing fees in Santa Clara County for all petitions
21for marital dissolution, annulment, and legal separation, and all
22first papers on behalf of respondents in proceedings for marital
23dissolution, annulment, and legal separation and by equalization
24of filing fees for motions and responsive pleadings.

25(b) A donation of computers, printers, software, and other
26equipment shall be solicited from existing hardware and software
27providers.

28(c) The court shall administer funds for the various components
29of the pilot program.

end delete
30

SEC. 135.  

Section 2022 of the Fish and Game Code is amended
31to read:

32

2022.  

(a) For the purposes of this section, the following terms
33have the following meanings:

34(1) “Bona fide educational or scientific institution” means an
35institution that establishes through documentation either of the
36following:

37(A) Educational or scientific tax exemption, from the federal
38Internal Revenue Service or the institution’s national, state, or
39local tax authority.

P180  1(B) Accreditation as an educational or scientific institution,
2from a qualified national, regional, state, or local authority for the
3institution’s location.

4(2) “Ivory” means a tooth or tusk from a species of elephant,
5hippopotamus, mammoth, mastodon, walrus, warthog, whale, or
6narwhal, or a piece thereof, whether raw ivory or worked ivory,
7and includes a product containing, or advertised as containing,
8ivory.

9(3) “Rhinoceros horn” means the horn, or a piece thereof, or a
10derivative such as powder, of a species of rhinoceros, and includes
11a product containing, or advertised as containing, a rhinoceros
12horn.

13(4) “Sale” or “sell” means selling, trading, bartering for
14monetary or nonmonetary consideration, giving away in
15conjunction with a commercial transaction, or giving away at a
16location where a commercial transaction occurred at least once
17during the same or the previous calendar year.

18(5) “Total value” means either the fair market value or the actual
19price paid for ivory or rhinoceros horn, whichever is greater.

20(b) Except as provided in subdivision (c), it is unlawful to
21purchase, sell, offer for sale, possess with intent to sell, or import
22with intent to sell ivory or rhinoceros horn.

23(c) The prohibitions set forth in subdivision (b)begin delete shallend deletebegin insert doend insert not
24apply to any of the following:

25(1) An employee or agent of the federal or state government
26undertaking a law enforcement activity pursuant to federal or state
27law, or a mandatory duty required by federal law.

28(2) An activity that is authorized by an exemption or permit
29under federal law or that is otherwise expressly authorized under
30federal law.

31(3) Ivory or rhinoceros horn that is part of a musical instrument,
32including, but not limited to, a string or wind instrument or piano,
33and that is less than 20 percent by volume of the instrument, if the
34owner or seller provides historical documentation demonstrating
35provenance and showing the item was manufactured no later than
361975.

37(4) Ivory or rhinoceros horn that is part of a bona fide antique
38and that is less than five percent by volume of the antique, if the
39antique status is established by the owner or seller of the antique
P181  1with historical documentation demonstrating provenance and
2showing the antique to be not less than 100 years old.

3(5) The purchase, sale, offer for sale, possession with intent to
4sell, or importation with intent to sell ivory or rhinoceros horn for
5educational or scientific purposes by a bona fide educational or
6scientific institution if both of the following criteria are satisfied:

7(A) The purchase, sale, offer for sale, possession with intent to
8sell, or import with intent to sell the ivory or rhinoceros horn is
9not prohibited by federal law.

10(B) The ivory or rhinoceros horn was legally acquired before
11January 1, 1991, and was not subsequently transferred from one
12person to another for financial gain or profit after July 1, 2016.

13(d) Possession of ivory or rhinoceros horn in a retail or
14wholesale outlet commonly used for the buying or selling of similar
15items is prima facie evidence of possession with intent to sell. This
16evidencebegin delete shallend deletebegin insert doesend insert not preclude a finding of intent to sell based
17on any other evidence that may serve to establish that intent
18independently or in conjunction with this evidence.

19(e) For a violation of any provision of this section, or any rule,
20regulation, or order adopted pursuant to this section, the following
21criminal penalties shall be imposed:

22(1) For a first conviction, where the total value of the ivory or
23rhinoceros horn is two hundred fifty dollars ($250) or less, the
24offense shall be a misdemeanor punishable by a fine of not less
25than one thousand dollars ($1,000), or more than ten thousand
26dollars ($10,000), imprisonment in the county jail for not more
27than 30 days, or by both the fine and imprisonment.

28(2) For a first conviction, where the total value of the ivory or
29rhinoceros horn is more than two hundred fifty dollars ($250), the
30offense shall be a misdemeanor punishable by a fine of not less
31than five thousand dollars ($5,000), or more than forty thousand
32dollars ($40,000), imprisonment in the county jail for not more
33than one year, or by both the fine and imprisonment.

34(3) For a second or subsequent conviction, where the total value
35of the ivory or rhinoceros horn is two hundred fifty dollars ($250)
36or less, the offense shall be a misdemeanor punishable by a fine
37of not less than five thousand dollars ($5,000), or more than forty
38thousand dollars ($40,000), imprisonment in county jail for not
39more than one year, or by both the fine and imprisonment.

P182  1(4) For a second or subsequent conviction, where the total value
2of the ivory or rhinoceros horn is more than two hundred fifty
3dollars ($250), the offense shall be a misdemeanor punishable by
4a fine of not less than ten thousand dollars ($10,000), or more than
5fifty thousand dollars ($50,000) or the amount equal to two times
6the total value of the ivory or rhinoceros horn involved in the
7violation, whichever is greater, imprisonment in county jail for
8not more than one year, or by both the fine and imprisonment.

9(f) In addition to, and separate from, any criminal penalty
10provided for under subdivision (e), an administrative penalty of
11up to ten thousand dollars ($10,000) may be imposed for a violation
12of any provision of this section, or any rule, regulation, or order
13adopted pursuant to this section. Penalties authorized pursuant to
14this subdivision may be imposed by the department consistent with
15all of the following:

16(1) The chief of enforcement issues a complaint to any person
17or entity on which an administrativebegin delete civilend delete penalty may be imposed
18pursuant to this section. The complaint shall allege the act or failure
19to act that constitutes a violation, relevant facts, the provision of
20law authorizing the administrative penalty to be imposed, and the
21proposed penalty amount.

22(2) The complaint and order is served by personal notice or
23certified mail and informs the party served that the party may
24request a hearing no later than 20 days from the date of service. If
25a hearing is requested, it shall be scheduled before the director or
26his or her designee, which designee shall not be the chief of
27enforcement issuing the complaint and order. A request for hearing
28shall contain a brief statement of the material facts the party claims
29support his or her contention thatbegin delete noend deletebegin insert anend insert administrative penalty
30shouldbegin insert notend insert be imposed or that an administrative penalty of a lesser
31amount is warranted. A party served with a complaint pursuant to
32this subdivision waives the right to a hearing if no hearing is
33requested within 20 days of service of the complaint, in which
34case the order imposing the administrative penalty shall become
35final.

36(3) The director, or his or her designee, shall control the nature
37and order of the hearing proceedings. Hearings shall be informal
38in nature, and need not be conducted according to the technical
39rules relating to evidence. The director, or his or her designee,
40shall issue a final order within 45 days of the close of the hearing.
P183  1A final copy of the order shall be served by certified mail upon
2the party served with the complaint.

3(4) A party may obtain review of the final order by filing a
4petition for a writ of mandate with the superior court within 30
5days of the date of service of the final order. The administrative
6penalty shall be due and payable to the department within 60 days
7after the time to seek judicial review has expired or, where the
8party has not requested a hearing of the order, within 20 days after
9the order imposing an administrative penalty becomes final.

10(g) For any conviction or other entry of judgment imposed by
11a court for a violation of this section resulting in a fine, the court
12may pay one-half of the fine, but not to exceed five hundred dollars
13($500), to any person giving information that led to the conviction
14or other entry of judgment. This reward shall not apply if the
15informant is a regular salaried law enforcement officer, or officer
16or agent of the department.

17(h) Upon conviction or other entry of judgment for a violation
18of this section, any seized ivory or rhinoceros horn shall be
19forfeited and, upon forfeiture, either maintained by the department
20for educational or training purposes, donated by the department
21to a bona fide educational or scientific institution, or destroyed.

22(i) Administrative penalties collected pursuant to this section
23shall be deposited in the Fish and Game Preservation Fund and
24used for law enforcement purposes upon appropriation by the
25Legislature.

26(j) This section does not preclude enforcement under Section
27653o of the Penal Code.

28

SEC. 136.  

Section 6440 of the Fish and Game Code is amended
29to read:

30

6440.  

The Legislature finds and declares that triploid grass
31carp have the potential to control aquatic nuisance plants in
32non-public waters allowing for reduced chemical control but that
33the threat that grass carp pose to aquatic habitat may outweigh its
34benefits. It is the intent of this section to allow the department to
35use its management authority to provide for the long-term health
36of the ecosystem in thebegin delete stateend deletebegin insert state,end insert including the aquatic ecosystem,
37begin delete andend deletebegin insert and,end insert in that context, manage grass carp either through control
38of movement, eradication of populations, acquisition ofbegin delete habitatend delete
39begin insert habitat,end insert and any other action that the department finds will maintain
40the biological diversity and the long term, overall health of the
P184  1state’s environment. The department shall undertake the
2management of grass carp in a manner that is consistent with
3provisions of thisbegin delete code andend deletebegin insert code, and,end insert for the purposes of this
4begin delete sectionend deletebegin insert section,end insert the department shall define management as
5handling, controlling, destroying, or moving species. The
6Legislature does not intend for this section to provide a right for
7the use of triploid grass carp if the department finds that use of the
8species poses an unacceptable risk to the state’s existing ecosystem.

9

SEC. 137.  

Section 7704 of the Fish and Game Code is amended
10to read:

11

7704.  

(a) It is unlawful to cause or permit deterioration or
12waste of a fish taken in the waters of this state, or brought into this
13state, or to take,begin delete receiveend deletebegin insert receive,end insert or agree to receive more fish than
14can be used without deterioration, waste, or spoilage.

15(b) Except as permitted by this code, it is unlawful to use a fish,
16except fish offal, in a reduction plant or by a reduction process.

17(c) Except as permitted by this code or by regulation of the
18commission, it is unlawful to sell, purchase, deliver for a
19commercial purpose, or possess on a commercial fishing vessel
20registered pursuant to Section 7881, a shark fin or tail or part of a
21shark fin or tail that has been removed from the carcass. However,
22a thresher shark fin or tail that has been removed from the carcass
23and whose original shape remains unaltered may be possessed on
24a registered commercial fishing vessel if the carcass corresponding
25to the fin or tail is also possessed.

26

SEC. 138.  

Section 12029 of the Fish and Game Code is
27amended to read:

28

12029.  

(a) The Legislature finds and declares all of the
29following:

30(1) The environmental impacts associated with marijuana
31cultivation have increased, and unlawful water diversions for
32marijuana irrigation have a detrimental effect on fish and wildlife
33and their habitat, which are held in trust by the state for the benefit
34of the people of the state.

35(2) The remediation of existing marijuana cultivation sites is
36often complex and the permitting of these sites requires greater
37department staff time and personnel expenditures. The potential
38for marijuana cultivation sites to significantly impact the state’s
39fish and wildlife resources requires immediate action on the part
40of the department’s lake and streambed alteration permitting staff.

P185  1(b) In order to address unlawful water diversions and other
2violations ofbegin delete the Fish and Game Codeend deletebegin insert this codeend insert associated with
3marijuana cultivation, the department shall establish the watershed
4enforcement program to facilitate the investigation, enforcement,
5and prosecution of these offenses.

6(c) The department, in coordination with the State Water
7Resources Control Board, shall establish a permanent multiagency
8task force to address the environmental impacts of marijuana
9cultivation. The multiagency task force, to the extent feasible and
10subject to availablebegin delete Resources,end deletebegin insert resources,end insert shall expand its
11enforcement efforts on a statewide level to ensure the reduction
12of adverse impacts of marijuana cultivation on fish and wildlife
13and their habitats throughout the state.

14(d) In order to facilitate the remediation and permitting of
15marijuana cultivation sites, the department shall adopt regulations
16to enhance the fees on any entity subject to Section 1602 for
17marijuana cultivation sites that require remediation. The fee
18schedule established pursuant to this subdivision shall not exceed
19the fee limits in Section 1609.

20

SEC. 139.  

Section 14651.5 of the Food and Agricultural Code
21 is amended to read:

22

14651.5.  

(a) The department shall levy an administrative
23penalty against a person who violates this chapter in an amount of
24not more than five thousand dollars ($5,000) for each violation.
25The amount of the penalty assessed for each violation shall be
26based upon the nature of the violation, the seriousness of the effect
27of the violation upon the effectuation of the purposes and
28provisions of this chapter, and the impact of the penalty on the
29violator, including the deterrent effect on future violations.

30(b) Upon a finding that the violation is minor or unintentional,
31in lieu of an administrative penalty, the secretary may issue a notice
32of warning.

33(c) A person against whom an administrative penalty is levied
34 shall be afforded an opportunity for a hearing before the secretary,
35upon a request made within 30 days after the date of issuance of
36the notice of penalty. At the hearing, the person shall be given the
37right to present evidence on his or her own behalf. If a hearing is
38not requested, the administrative penalty shall constitute a final
39and nonreviewable order.

P186  1(d) If a hearing is held, review of the decision of the secretary
2may be sought by the person against whom the administrative
3penalty is levied within 30 days of the date of the final order of
4the secretary pursuant to Section 1094.5 of the Code of Civil
5Procedure.

6(e) After completion of the hearing procedure pursuant to
7subdivision (c), the secretary may file a certified copy of the
8department’s final decision that directs payment of an
9administrative penalty,begin delete andend deletebegin insert and,end insert if applicable, any order denying
10a petition for a writ of administrative mandamus, with the clerk
11of the superior court of any county that has jurisdiction over the
12matter. Judgment shall be entered immediately by the clerk in
13conformity with the decision or order. Fees shall not be charged
14by the clerk of the superior court for performance of any official
15services required in connection with the entry of judgment and the
16satisfaction of the judgment pursuant to this section.

17

SEC. 140.  

Section 27581.1 of the Food and Agricultural Code
18 is amended to read:

19

27581.1.  

(a) On or before January 1, 2017, the secretary shall
20adopt regulations classifying violations of this chapter, or any
21regulation adopted pursuant to this chapter, as “minor,” subject to
22a penalty from fifty dollars ($50) to four hundred dollars ($400),
23inclusive, “moderate,” subject to a penalty from four hundred one
24dollars ($401) to one thousand dollars ($1,000), inclusive, or
25“serious,” subject to a penalty from one thousand one dollars
26($1,001) to ten thousand dollars ($10,000), inclusive.

27(b) The penalty schedule described in this section shall apply
28to civil penalties imposed pursuant to Section 27581.4 and
29administrative penalties imposed pursuant to Section 27583.

30(c) The department shall post on its Internet Web sitebegin delete whenend delete the
31penalty schedule described in this sectionbegin delete has beenend deletebegin insert when it isend insert
32 adopted.

33

SEC. 141.  

Section 27583.2 of the Food and Agricultural Code
34 is amended to read:

35

27583.2.  

If the secretary levies an administrative penalty
36pursuant to Section 27583, the following shall apply:

37(a) The person charged with the violation shall be notified of
38the proposed action in accordance with subdivision (b). The notice
39shall include the nature of the violation, the amount of the proposed
P187  1administrative penalty, and the right to request a hearing to appeal
2the administrative action.

3(b) (1) Notice shall be sent by certified mail to one of the
4following:

5(A) The address of the person charged, as provided by any
6license or registration issued by the department, which is not
7limited to a certificate of registration issued pursuant to this
8chapter.

9(B) The address of an agent for service of process for the person
10charged, as filed with the Secretary of State.

11(C) If an address described in subparagraph (A) or (B) is not
12available, the last known address of the person charged.

13(2) Notice that is sent to any of the addresses described in
14paragraph (1) shall be considered received, even if delivery is
15refused or if the notice is not accepted at that address.

16(3) The person charged shall have the right to appeal the
17proposed action by requesting a hearing within 20 days of the
18issuance of the notice of the proposed action.

19(c) If a hearing is requested, the secretary shall schedule a
20hearing within 45 days of the request, with notice of the time and
21place of the hearing given at least 10 days before the date of the
22hearing. At the hearing, the person charged shall be given an
23opportunity to review the secretary’s evidence and to present
24evidence on his or her own behalf. If a hearing is not timely
25requested, the secretary may take the proposed action without a
26hearing.

27(d) The secretary shall issue a decision within 30 days of the
28conclusion of the hearing, whichbegin insert decisionend insert shall become effective
29immediately.

30(e) The secretary shall send a copy of the notice of the proposed
31action to the commissioner of the county in which the violation
32took place at the same time notice is sent pursuant to subdivision
33(b). Additionally, the secretary shall inform the commissioner of
34the county in which the action was initiated of violations for which
35a penalty has been assessed.

36(f) If the proposed action is not overturned, in addition to the
37levy of an administrative penalty, the secretary may recover from
38the person charged any other reasonable costs incurred by the
39department in connection with administering the hearing to appeal
40the proposed action.

P188  1(g) Revenues collected by the secretary pursuant to this section
2shall be deposited into the Department of Food and Agriculture
3Fund for use by the department in administering this chapter, when
4appropriated to the department for that purpose.

5

SEC. 142.  

Section 27583.4 of the Food and Agricultural Code
6 is amended to read:

7

27583.4.  

If a commissioner levies an administrative penalty
8pursuant to Section 27583, the following shall apply:

9(a) (1) Before an administrative penalty is levied, the person
10charged with the violation shall receive written notice of the
11proposed action in accordance with paragraph (2). The notice shall
12include the nature of the violation, the amount of the proposed
13penalty, and the right to request a hearing to appeal the
14administrative action.

15(2) (A) Notice shall be sent by certified mail to one of the
16following:

17(i) The address of the person charged, as provided by any license
18or registration issued by the department, which is not limited to a
19certificate of registration issued pursuant to this chapter.

20(ii) The address of an agent for service of process for the person
21charged, as filed with the Secretary of State.

22(iii) If an address described in clause (i) or (ii) is not available,
23the last known address of the person charged.

24(B) Notice that is sent to any of the addresses described in
25subparagraph (A) shall be considered received, even if delivery is
26refused or if the notice is not accepted at that address.

27(C) The person charged shall have the right to appeal the
28proposed action by requesting a hearing within 20 days of the
29issuance of the notice of the proposed action.

30(3) If a hearing is requested, the commissioner shall schedule
31a hearing within 45 days of the request, with notice of the time
32and place of the hearing given at least 10 days before the date of
33the hearing. At the hearing, the person charged shall be given an
34opportunity to review the commissioner’s evidence and to present
35evidence on his or her own behalf. If a hearing is not timely
36requested, the commissioner may take the proposed action without
37a hearing. If the person charged, or his or her legal representative,
38fails to appear, the commissioner shall prevail in the proceedings.

P189  1(4) The commissioner shall issue a decision within 30 days of
2the conclusion of the hearing, whichbegin insert decisionend insert shall become
3effective immediately.

4(5) The commissioner shall send a copy of the notice of the
5proposed action to the secretary at the same time notice is sent to
6the person charged with the violation.

7(b) If the person, upon whom the commissioner levied an
8administrative penalty, requested and appeared at a hearing, the
9person may appeal the commissioner’s decision to the secretary
10within 30 days of the date of receiving a copy of the
11commissioner’s decision. The following procedures apply to the
12appeal:

13(1) The appeal shall be in writing and signed by the appellant
14or his or her authorized agent, state the grounds for the appeal, and
15include a copy of the commissioner’s decision. The appellant shall
16file a copy of the appeal with the commissioner at the same time
17it is filed with the secretary.

18(2) The appellant and the commissioner, at the time of filing
19the appeal, within 10 days thereafter, or at a later time prescribed
20by the secretary, may present the record of the hearing and a written
21argument to the secretary stating the ground for affirming,
22modifying, or reversing the commissioner’s decision.

23(3) The secretary may grant oral arguments upon application
24made at the time written arguments are filed.

25(4) If an application to present an oral argument is granted,
26written notice of the time and place for the oral argument shall be
27given at least 10 days before the date set for oral argument. The
28times may be altered by mutual agreement of the appellant, the
29commissioner, and the secretary.

30(5) The secretary shall decide the appeal on the record of the
31hearing, including the written evidence and the written argument
32described in paragraph (2), that he or she has received. If the
33secretary finds substantial evidence in the record to support the
34commissioner’s decision, the secretary shall affirm the decision.

35(6) The secretary shall render a written decision within 45 days
36of the date of appeal or within 15 days of the date of oral arguments
37or as soon thereafter as practical.

38(7) On an appeal pursuant to this section, the secretary may
39affirm the commissioner’s decision, modify the commissioner’s
40decision by reducing or increasing the amount of the penalty levied
P190  1so that it is consistent with the penalty schedule described in
2Section 27581.1, or reverse the commissioner’s decision. An
3administrative penalty increased by the secretary shall not be higher
4than that proposed in the commissioner’s notice of proposed action
5given pursuant to subdivision (a). A copy of the secretary’s
6decision shall be delivered or mailed to the appellant and the
7commissioner.

8(8) Any person who does not request a hearing with the
9commissioner pursuant to an administrative penalty assessed under
10subdivision (a) shall not file an appeal to the secretary pursuant to
11this subdivision.

12(c) If the proposed action is not overturned, in addition to the
13levy of an administrative penalty, the commissioner may recover
14from the person charged any other reasonable costs incurred by
15the commissioner in connection with administering the hearing to
16appeal the proposed action.

17(d) Revenues from administrative penalties levied by the
18commissioner shall be deposited in the general fund of the county
19and, upon appropriation by the board of supervisors, shall be used
20by the commissioner to carry out his or her responsibilities under
21this chapter. The commissioner shall inform the secretary of any
22violations for which a penalty has been assessed.

23

SEC. 143.  

Section 52332 of the Food and Agricultural Code
24 is amended to read:

25

52332.  

The secretary, by regulation, may adopt all of the
26following:

27(a) A list of the plants and crops that the secretary finds are or
28may be grown in this state.

29(b) A list of the plants and crops that the secretary finds are
30detrimental to agriculture if they occur incidentally in other crops,
31and which, therefore, are classed as weed seed except if sold alone
32or as a specific constituent of a definite seed mixture.

33(c) A list of noxious weed seed that the secretary finds are
34prohibited noxious weed seed, as defined in this chapter.

35(d) A list of those noxious weed seed that are not classified as
36 prohibited noxious weed seed and are classified by this chapter as
37restricted noxious weed seed.

38(e) A list of substances that are likely to be used for treating
39grain or other crop seed that the secretary finds and determines
P191  1are toxic to human beings or animals if used, and an appropriate
2warning or caution statement for each substance.

3(f) (1) (A) begin deleteEstablish methods end deletebegin insertMend insertbegin insertethods end insertand procedures, upon
4the recommendation of the board, for the conciliation, mediation,
5or arbitration of disputes between labelers and any persons
6concerning conformance with label statements, advertisements,
7financial terms or the lack of payment by a dealer to a grower, or
8other disputes regarding the quality or performance of seed. The
9methods and procedures shall be a mandatory prerequisite to
10pursuing other dispute resolution mechanisms, including, but not
11limited to, litigation. However, if conciliation, mediation, or
12arbitration proceedings are commenced under this section to resolve
13a controversy, the statute of limitations that applies to a civil action
14concerning that controversy is tolled upon commencement ofbegin insert theend insert
15 conciliation, mediation, or arbitration proceedings, and until 30
16days after the completion of those proceedings. As used in this
17subdivision, “completion of those proceedings” means the filing
18of a statement of agreement or nonagreement by the conciliator
19or mediator, or the rendering of a decision by an arbitrator or
20arbitration committee.

21(B) If a proceeding for the conciliation, mediation, or arbitration
22of a dispute between a dealer and a grower is commenced under
23this subdivision for conformance with the financial terms by a
24dealer to a grower, and the decision in the proceeding is in favor
25of the grower, the decision may include a provision requiring
26compensation to the grower for the estimated value of the seed
27production services a grower provides to a dealer, including, but
28not limited to, labor, care, and expense in growing and harvesting
29that product.

30(C) If a dealer fails to comply with the financial obligations of
31a judgment rendered in a conciliation, mediation, or arbitration
32proceeding between a dealer and a grower commenced pursuant
33to this subdivision following the conclusion of all appeals in the
34proceeding, the secretary may revoke the dealer’s registration and
35prevent the dealer from renewing his or her registration until the
36time the financial obligation is fulfilled.

37(2) Conciliation, mediation, or arbitration shall not affect any
38enforcement action by the secretary pursuant to this chapter.
39Regulations adopted by the secretary for the mandatory
40conciliation, mediation, or arbitration of disputes shall require that
P192  1adequate notice be provided on the seed label notifying any buyer
2of the requirement to submit a dispute to mandatory conciliation,
3mediation, or arbitration as a prerequisite to other dispute resolution
4mechanisms, including litigation.

5(g) begin deleteEstablish additional end deletebegin insertAdditional end insertlabeling requirements for
6coated, pelleted, encapsulated, mat, tape, or any other germination
7medium or device used on seed in order that the purchaser or
8consumer will be informed as to the actual amount of seed
9purchased.

10

SEC. 144.  

Section 55631 of the Food and Agricultural Code
11 is amended to read:

12

55631.  

(a) Every producer of any farm product that sells any
13product that is grown by him or her to any processor under contract,
14express or implied, in addition to all other rights and remedies that
15are provided for by law, has a lien upon that product and upon all
16processed or manufactured forms of that farm product for his or
17her labor, care, and expense in growing and harvesting that product.
18The lien shall be to the extent of the agreed price, if any, for that
19product so sold. If there is no agreed price or a method for
20determiningbegin delete itend deletebegin insert the priceend insert that is agreed upon, the extent of the lien
21is the value of the farm product as of the date of the delivery. Any
22portion of that product or the processed or manufactured forms of
23that product, in excess of the amount necessary to satisfy the total
24amount owed to producers under contract, shall be free and clear
25of that lien.

26(b) Every producer of a flower, agricultural, or vegetable seed
27that sells seed that is grown by him or her, when the seed was
28purchased or supplied by the grower and not supplied by the dealer
29or an independent third party who paid for the seed, to any seed
30dealer under contract, express or implied, in addition to all other
31rights and remedies that are provided for by law, has a lien upon
32that product and upon all processed or manufactured forms of that
33product for his or her labor, care, and expense in growing and
34harvesting that product. The lien shall be to the extent of the agreed
35price, if any, for that product so sold. If there is no agreed price or
36a method for determiningbegin delete itend deletebegin insert the priceend insert that is agreed upon, the extent
37of the lien is the value of that product as of the date of the delivery.
38Any portion of that product or the processed or manufactured forms
39of that product, in excess of the amount necessary to satisfy the
P193  1total amount owed to producers under contract, shall be free and
2clear of that lien.

3

SEC. 145.  

Section 56109 of the Food and Agricultural Code
4 is amended to read:

5

56109.  

“Farm product” includes every agricultural,
6horticultural, viticultural, and vegetable product of the soil, poultry
7and poultry products, livestock products and livestock not for
8immediate slaughter, bees and apiary products, hay, dried beans,
9honey, and cut flowers. It does not, however, include any timber
10or timber product, flower or agricultural or vegetable seed, any
11milk product that is subject to the licensing and bonding provisions
12of Chapter 2 (commencing with Section 61801) of Part 3 of
13Division 21, any aquacultural product, or cattle sold to any person
14who is bonded under the federal Packers and Stockyards Act, 1921
15(7 U.S.C. Sec.begin delete 181,end deletebegin insert 181end insert et seq.).

16

SEC. 146.  

Section 67132 of the Food and Agricultural Code
17 is amended to read:

18

67132.  

Upon the finding of 11 voting members of the
19commission if the commission consists of three or five districts,
20or of 10 voting members of the commission if the commission
21consists of four districts, that this chapter has not tended to
22effectuate its declared purposes, the commission may recommend
23to the secretary that the operations of the commission shall be
24suspended, provided that the suspension shall not become effective
25until the expiration of the current marketing season. The secretary
26shall, upon receipt of the recommendation, or upon a petition filed
27with him or her requesting the suspension, signed by 15 percent
28of the producers by number who produced not less than 15 percent
29of the volume in the immediately preceding year, cause a
30referendum to be conducted among the listed producers to
31determine if the operation of this chapter and the operations of the
32commission shall be suspended, and shall establish a referendum
33period, which shall not be less than 10 days nor more than 60 days
34in duration. The secretary is authorized to prescribe any additional
35procedure necessary to conduct the referendum. At the close of
36the established referendum period, the secretary shall tabulate the
37ballots filed during the period. If at least 40 percent of the total
38number of producers, on a list established by thebegin delete secretaryend delete
39begin insert secretary,end insert marketing 40 percent of the total volume marketed by
40all producers during the last completed marketing season,
P194  1participate in the referendum, the secretary shall suspend this
2chapter upon the expiration of the current marketing season, if he
3or she finds either one of the following:

4(a) Sixty-five percent or more of the producers who voted in
5the referendum voted in favor of the suspension, and the producers
6so voting marketed 51 percent or more of the total quantity of
7avocados marketed in the preceding marketing season by all of
8the producers who voted in the referendum.

9(b) Fifty-one percent or more of the producers who voted in the
10referendum voted in favor of suspension, and the producers so
11voting marketed 65 percent or more of the total quantity of
12avocados marketed in the preceding season by all of the producers
13who voted in the referendum.

14

SEC. 147.  

Section 76953.5 of the Food and Agricultural Code
15 is amended to read:

16

76953.5.  

(a) Before the referendum vote is conducted by the
17secretary, the proponents of the council shall deposit with the
18secretary the amount that the secretary determines is necessary to
19defray the expenses of preparing the necessary lists and information
20and conducting the referendum vote.

21(b) Any funds not used in carrying out this article shall be
22returned to the proponents of the council who deposited the funds
23with the secretary.

24(c) Upon establishment of the council, the council may
25reimburse the proponents of the council for any funds deposited
26with the secretary that were used in carrying out this article, and
27for any legal expenses and costs incurred in establishing the
28council.

29(d) After approval by the Commercial Salmon Trollers Advisory
30Committee created pursuant to Section 7862 of the Fish and Game
31Code, the Department of Fish and Wildlife may expend funds
32collected pursuant to Section 7861 of the Fish and Game Code,
33for payment to thebegin delete Secretary of Food and Agricultureend deletebegin insert secretaryend insert to
34pay necessary costs incurred in conducting the implementation
35referendum vote. If the commercial salmon vessel operators who
36voted in the implementation referendum voted in favor of
37implementing this article, as provided in Section 76952, the council
38shall reimburse the Commercial Salmon Stamp Account in the
39Fish and Game Preservation Fund all amounts received from that
40fund.

P195  1

SEC. 148.  

Section 1225 of the Government Code is amended
2to read:

3

1225.  

(a) An executive officer, a judicial officer, and a Member
4of the Legislature may administer and certify oaths.

5(b) begin delete(1)end deletebegin deleteend deleteA former judge of a court of record in this state who
6retired or resigned from office shall be deemed a judicial officer
7for purposes of this section, if he or she satisfies the conditions set
8forthbegin delete isend deletebegin insert inend insert subdivision (c) of Section 2093 of the Code of Civil
9Procedure.

10(c) A law, rule, or regulation regarding the confidentiality of
11proceedings of the Commission on Judicial Performance shall not
12be construed to prohibit the commission from issuing a certificate
13as provided for in this section.

14

SEC. 149.  

The heading of Chapter 15 (commencing with
15Section 5970) of Division 6 of Title 1 of the Government Code,
16as amended and renumbered by Section 182 of Chapter 303 of the
17Statutes of 2015, is amended and renumbered to read:

18 

19Chapter  begin delete15.end deletebegin insert14.5.end insert Awarding of Contracts
20

 

21

SEC. 150.  

Section 5970 of the Government Code is amended
22to read:

23

5970.  

As used in this chapter, the following phrases have the
24following meanings:

25(a) “Person” means any broker, dealer, municipal securities
26dealer, investment advisor, or investment firm.

27(b) “Regulatory agency” means the Department of Business
28Oversight, the securities administrators or other similar regulatory
29authority in any other state, the Securities and Exchange
30Commission,begin insert theend insert Financial Industry Regulatory Authority, the
31Municipal Securities Rulemaking Board, the Commodity Futures
32Trading Commission, or any other self-regulatory organization.

33(c) “State or local government” means the state, any department,
34agency, board, commission, or authority of the state, or any city,
35city and county, county, public district, public corporation,
36authority, agency, board, commission, or other public entity.

37

SEC. 151.  

Section 6254.5 of the Government Code is amended
38to read:

39

6254.5.  

Notwithstanding any otherbegin delete provisions ofend delete law,begin delete wheneverend delete
40begin insert ifend insert a state or local agency discloses a public recordbegin delete whichend deletebegin insert thaend insertbegin inserttend insert is
P196  1otherwise exempt from this chapter, tobegin delete anyend deletebegin insert aend insert member of the public,
2this disclosure shall constitute a waiver of the exemptions specified
3in Sectionbegin delete 6254, 6254.7,end deletebegin insert 6254 or 6254.7,end insert or other similar provisions
4of law. For purposes of this section, “agency” includes a member,
5agent, officer, or employee of the agency acting within the scope
6of his or her membership, agency, office, or employment.

7This section, however, shall not apply to disclosures:

8(a) Made pursuant to the Information Practices Actbegin insert (Chapter 1end insert
9 (commencing with Sectionbegin delete 1798end deletebegin insert 1798) of Title 1.8 of Part 4 of
10Division 3end insert
of the Civil Code) or discovery proceedings.

11(b) Made through other legal proceedings or as otherwise
12required by law.

13(c) Within the scope of disclosure of a statutebegin delete whichend deletebegin insert thatend insert limits
14disclosure of specified writings to certain purposes.

15(d) Not required by law, and prohibited by formal action of an
16elected legislative body of the local agencybegin delete whichend deletebegin insert thatend insert retains the
17writings.

18(e) Made tobegin delete anyend deletebegin insert aend insert governmental agencybegin delete whichend deletebegin insert thatend insert agrees to
19treat the disclosed material as confidential. Only persons authorized
20in writing by the person in charge of the agency shall be permitted
21to obtain the information. Any information obtained by the agency
22shall only be used for purposesbegin delete whichend deletebegin insert thatend insert are consistent with
23existing law.

24(f) Of records relating to a financial institution or an affiliate
25thereof, if the disclosures are made to the financial institution or
26affiliate by a state agency responsible for the regulation or
27supervision of the financial institution or affiliate.

28(g) Of records relating tobegin delete anyend deletebegin insert aend insert personbegin delete thatend deletebegin insert whoend insert is subject to the
29jurisdiction of the Department of Business Oversight, if the
30disclosures are made to the personbegin delete thatend deletebegin insert whoend insert is the subject of the
31records for the purpose of corrective action by that person, or, if
32a corporation, to an officer, director, or other key personnel of the
33corporation for the purpose of corrective action, or to any other
34person to the extent necessary to obtain information from that
35person for the purpose of an investigation by the Department of
36Business Oversight.

37(h) Made by the Commissioner of Business Oversight under
38Section 450, 452, 8009, or 18396 of the Financial Code.

39(i) Of records relating tobegin delete anyend deletebegin insert aend insert personbegin delete thatend deletebegin insert whoend insert is subject to the
40jurisdiction of the Department of Managed Health Care, if the
P197  1disclosures are made to the personbegin delete thatend deletebegin insert whoend insert is the subject of the
2records for the purpose of corrective action by that person, or, if
3a corporation, to an officer, director, or other key personnel of the
4corporation for the purpose of corrective action, or to any other
5person to the extent necessary to obtain information from that
6person for the purpose of an investigation by the Department of
7Managed Health Care.

8

SEC. 152.  

Section 7161 of the Government Code is amended
9to read:

10

7161.  

“Security” has the same meaning as defined in Section
118102 of thebegin delete Commericalend deletebegin insert Commercialend insert Code.

12

SEC. 153.  

Section 8594.15 of the Government Code is amended
13to read:

14

8594.15.  

(a) For purposes of this section, the following terms
15have the following meanings:

16(1) “Serious bodily injury” means an injury that involves, either
17at the time of the actual injury or at a later time, a substantial risk
18of serious and permanent disfigurement, a substantial risk of
19protracted loss or impairment of the function of any part of the
20body, or a break, fracture, or burn of the second or third degree.

21(2) “Yellow Alert” means a notification system, activated
22pursuant to subdivision (b), designed to issue and coordinate alerts
23with respect to a hit-and-run incident resulting in the death or injury
24of a person as described in Section 20001 of the Vehicle Code.

25(b) (1) If a hit-and-run incident is reported to a law enforcement
26agency, and that agency determines that the requirements of
27subdivision (c) are met, the agency may request the Department
28of the California Highway Patrol to activate a Yellow Alert. If the
29Department of the California Highway Patrol concurs that the
30requirements of subdivision (c) are met, it may activate a Yellow
31Alert within the geographic area requested by the investigating
32law enforcement agency.

33(2) Radio, television, and cable and satellite systems are
34encouraged, but are not required, to cooperate with disseminating
35the information contained in a Yellow Alert.

36(3) Upon activation of a Yellow Alert, the Department of the
37California Highway Patrol shall assist the investigating law
38enforcement agency by issuing the Yellow Alert via a changeable
39message sign.

P198  1(4) If there are multiple Yellow Alerts requested, the Department
2of the California Highway Patrol may prioritize the activation of
3alerts based on anybegin delete factorend deletebegin insert factor,end insert including, but not limited to, the
4severity of the injury, the time elapsed between a hit-and-run
5incident and the request, or the likelihood that an activation would
6reasonably lead to the apprehension of a suspect.

7(c) A law enforcement agency may request that a Yellow Alert
8be activated if that agency determines that all of the following
9conditions are met in regard to the investigation of the hit-and-run
10incident:

11(1) A person has been killed or has suffered serious bodily injury
12due to a hit-and-run incident.

13(2) There is an indication that a suspect has fled the scene
14utilizing the state highway system or is likely to be observed by
15the public on the state highway system.

16(3) The investigating law enforcement agency has additional
17information concerning the suspect or the suspect’s vehicle,
18including, but not limited to, any of the following:

19(A) The complete license plate number of the suspect’s vehicle.

20(B) A partial license plate number and additional unique
21identifying characteristics, such as the make, model, and color of
22the suspect’s vehicle, which could reasonably lead to the
23apprehension of the suspect.

24(C) The identity of the suspect.

25(4) Public dissemination of available information could either
26help avert further harm or accelerate apprehension of the suspect
27based on anybegin delete factorend deletebegin insert factor,end insert including, but not limited to, the severity
28of the injury, the time elapsed between a hit-and-run incident and
29the request, or the likelihood that an activation would reasonably
30lead to the apprehension of a suspect.

31(d) This section shall remain in effect only until January 1, 2019,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2019, deletes or extends that date.

34

SEC. 154.  

Section 8670.13 of the Government Code is amended
35to read:

36

8670.13.  

(a) The administrator shall periodically evaluate the
37feasibility of requiring new technologies to aidbegin insert inend insert prevention,
38response, containment, cleanup, and wildlife rehabilitation.

39(b) (1) On or before January 1, 2017, the administrator shall
40submit a report to the Legislature, pursuant to Section 9795,
P199  1assessing the best achievable technology of equipment for oil spill
2prevention, preparedness, and response.

3(2) The report shall evaluate studies of estimated recovery
4system potential as a methodology for rating equipment in
5comparison to effective daily recovery capacity.

6(3) Pursuant to Section 10231.5, this subdivision is inoperative
7on July 1, 2020.

8(c) (1) begin deleteIncluding, but not limited to, end deletebegin insertConsidering, among other
9things, end insert
the report prepared pursuant to subdivision (b), the
10administrator shall update regulations governing the adequacy of
11oil spill contingency plans for best achievable technologies for oil
12spill prevention and response no later than July 1, 2018.

13(2) The updated regulations shall enhance the capabilities for
14prevention, response, containment, cleanup, and wildlife
15rehabilitation.

16(d) (1) The administrator shall direct the Harbor Safety
17Committees, established pursuant to Section 8670.23, to assess
18the presence and capability of tugs within their respective
19geographic areas of responsibility to provide emergency towing
20of tank vessels and nontank vessels to arrest their drift or otherwise
21guide emergency transit.

22(2) The assessments for harbors in the San Francisco Bay area
23and inbegin insert theend insert Los Angeles-Long Beach area shall be initiated by May
241, 2016. The assessments for the other harbors shall be initiated
25by January 1, 2020.

26(3) The assessment shall consider,begin delete but not be limited to,end deletebegin insert among
27other things,end insert
data from available United States Coast Guard Vessel
28Traffic Systems, relevant incident and accident data, any relevant
29simulation models, and identification of any transit areas where
30risks are higher.

31(4) The assessment shall consider the condition of tank and
32nontank vessels calling on harbors, including the United States
33Coast Guard’s marine inspection program and port state control
34program regarding risks due to a vessel’s hull or engineering
35material deficiencies, or inadequate crew training and
36professionalism.

37

SEC. 155.  

Section 8670.13.3 of the Government Code is
38amended to read:

39

8670.13.3.  

If dispersants are used in response to an oil spill in
40state waters, the administrator shall provide written notification
P200  1of their use to the Legislature within three days of the use. The
2administrator shall provide the Legislature with written justification
3ofbegin delete theirend deletebegin insert thatend insert use, including copies of key supporting documentation
4used by the federal on-scene coordinator and the federal Regional
5Response Team as soon as thosebegin delete materialend deletebegin insert materialsend insert are released.
6Within two months of the use of dispersants in state waters, the
7administrator shall also provide a report to the Legislature on the
8effectiveness of the dispersants used, including, but not limited to,
9results of any available monitoring data to determine whether the
10dispersant use resulted in overall environmental benefit or harm.
11The written notification, justification, and report shall be submitted
12pursuant to Section 9795.

13

SEC. 156.  

Section 8670.28 of the Government Code is amended
14to read:

15

8670.28.  

(a) The administrator, taking into consideration the
16facility or vessel contingency plan requirements of the State Lands
17Commission, the Office of the State Fire Marshal, the California
18Coastal Commission, and other state and federal agencies, shall
19adopt and implement regulations governing the adequacy of oil
20spill contingency plans to be prepared and implemented under this
21article. All regulations shall be developed in consultation with the
22Oil Spill Technical Advisory Committee, and shall be consistent
23with the California oil spill contingency plan and not in conflict
24with the National Contingency Plan. The regulations shall provide
25for the best achievable protection ofbegin insert theend insert waters and natural
26resources of the state. The regulations shall permit the
27development, application, and use of an oil spill contingency plan
28for similar vessels, pipelines, terminals, and facilities within a
29single company or organization, and across companies and
30organizations. The regulations shall, at a minimum, ensure all of
31the following:

32(1) All areas of state waters are at all times protected by
33prevention, response, containment, and cleanup equipment and
34operations.

35(2) Standards set for response, containment, and cleanup
36equipment and operations are maintained and regularly improved
37to protect the resources of the state.

38(3) All appropriate personnel employed by operators required
39to have a contingency plan receive training in oil spill response
40and cleanup equipment usage and operations.

P201  1(4) Each oil spill contingency plan provides for appropriate
2financial or contractual arrangements for all necessary equipment
3and services for the response, containment, and cleanup of a
4reasonable worst case oil spill scenario for each area the plan
5addresses.

6(5) Each oil spill contingency plan demonstrates that all
7protection measures are being taken to reduce the possibility of
8an oil spill occurring as a result of the operation of the facility or
9vessel. The protection measures shall include, but not be limited
10to, response to disabled vessels andbegin delete anend delete identification of those
11measures taken to comply with requirements of Division 7.8
12(commencing with Section 8750) of the Public Resources Code.

13(6) Each oil spill contingency plan identifies the types of
14equipment that can be used, the location of the equipment, and the
15time taken to deliver the equipment.

16(7) Each facility, as determined by the administrator, conducts
17a hazard and operability study to identify the hazards associated
18with the operation of the facility, including the use of the facility
19by vessels, due to operating error, equipment failure, and external
20events. For the hazards identified in the hazard and operability
21studies, the facility shall conduct an offsite consequence analysis
22that, for the most likely hazards, assumes pessimistic water and
23air dispersion and other adverse environmental conditions.

24(8) Each oil spill contingency plan contains a list of contacts to
25call in the event of a drill, threatened discharge of oil, or discharge
26of oil.

27(9) Each oil spill contingency plan identifies the measures to
28be taken to protect the recreational and environmentally sensitive
29areas that would be threatened by a reasonable worst case oil spill
30scenario.

31(10) Standards for determining a reasonable worst case oil spill.
32However, for a nontank vessel, the reasonable worst case is a spill
33of the total volume of the largest fuel tank on the nontank vessel.

34(11) Each oil spill contingency plan specifies an agent for service
35of process. The agent shall be located in this state.

36(b) The regulations and guidelines adopted pursuant to this
37section shall also include provisions to providebegin insert forend insert public review
38and comment on submitted oil spill contingency plans.

39(c) The regulations adopted pursuant to this section shall
40specifically address the types of equipment that will be necessary,
P202  1the maximum time that will be allowed for deployment, the
2maximum distance to cooperating response entities, the amounts
3of dispersant, and the maximum time required forbegin delete application,end delete
4begin insert applicationend insert should the use of dispersants be approved. Upon a
5determination by the administrator that booming is appropriate at
6the site and necessary to provide best achievable protection, the
7regulations shall require that vessels engaged in lightering
8operations be boomed prior to the commencement of operations.

9(d) The administrator shall adopt regulations and guidelines for
10oil spill contingency plans with regard to mobile transfer units,
11small marine fueling facilities, and vessels carrying oil as secondary
12cargo that acknowledge the reduced risk of damage from oil spills
13from those units, facilities, and vessels while maintaining the best
14achievable protection for the public health and safety and the
15environment.

16

SEC. 157.  

Section 8670.95 of the Government Code is amended
17and renumbered to read:

18

begin delete8670.95.end delete
19begin insert8670.5.5.end insert  

If any provision of this chapter or the application
20thereof to any person or circumstances is held invalid, that
21invalidity shall not affect other provisions or applications of the
22chapter that can be given effect without the invalid provision or
23application, and to this end the provisions of this chapter are
24severable.

25

SEC. 158.  

Section 14670.36 of the Government Code is
26amended to read:

27

14670.36.  

(a) Notwithstanding any other law, the Director of
28General Services, with the consent of the Director of
29Developmental Services, may, in the best interests of the state, let
30to any person or entity real property not exceeding 20 acres located
31within the grounds of the Fairview Developmental Center for a
32period not to exceed 55 years, at a price that will permit the
33development of affordable housing for people with developmental
34disabilities.

35(b) Notwithstanding any other law, the lease authorized by this
36section may be assignable subject to approval by the Director of
37General Services, with the consent of the Director of
38Developmental Services. The lease shall do all of the following:

39(1) Provide housing for individuals who qualify based upon
40criteria established by the Department of Developmental Services.
P203  1A minimum of 20 percent of the housing units developed shall be
2available and affordable to individuals with developmental
3disabilities served by a regional center pursuant to the Lanterman
4Developmental Disabilities Services Act (Chapter 1 (commencing
5with Section 4500) of Division 4.5 of the Welfare and Institutions
6Code). When filling vacancies, priority for housing shall be given
7to individuals transitioning from a developmental center or at risk
8for admission to a developmental center.

9(2) Allow for lease revenues or other proceeds received by the
10state under the leases for projects authorized by this section and
11Section 14670.35, to be utilized by the Department of
12Developmental Services to support individuals with developmental
13disabilities, including subsidizing rents for those individuals.

14(3) Include provisions authorizing the Department of
15Developmental Services, or its designee, to provide management
16oversight and administration over the housing for individuals with
17developmental disabilities and the general operations of the project
18sufficient tobegin delete assureend deletebegin insert ensureend insert the purposes of the lease are being
19carried out and to protect the financial interests of the state.

20(c) The Department of Developmental Services may share in
21proceeds, if any, generated from the overall operation of the project
22developed pursuant to this section. All proceeds received from the
23project authorized by this section and the project authorized by
24Section 14670.35, in accordance with the terms of the lease, shall
25be deposited in the Department of Developmental Services Trust
26Fund, which is hereby created in the State Treasury. Moneys in
27the Department of Developmental Services Trust Fund shall be
28used, upon appropriation by the Legislature, for the purpose of
29providing housing and transitional services for people with
30developmental disabilities. Any funds not needed to support
31individuals with developmental disabilities shall be transferred to
32the General Fund upon the order of the Director of Finance.

33(d) The Director of General Services, with the consent of the
34Director of Developmental Services, may enter into a lease
35pursuant to this section at less than market value, provided that
36the cost of administering the lease is recovered.

37(e) The project and lease, including off-site improvements
38directly related to the housing project authorized by this section,
39shall not be deemed a “public works contract” as defined by
40Section 1101 of the Public Contract Code. However, construction
P204  1projects contemplated by the lease authorized by this section shall
2be considered “public works,” as defined by paragraph (1) of
3subdivision (a) of Section 1720 of the Labor Code, for the purpose
4of prevailing wage requirements.

5

SEC. 159.  

Section 17581.9 of the Government Code is amended
6to read:

7

17581.9.  

(a) (1) The sum of three billion ninety-eight million
8four hundred fifty-five thousand dollars ($3,098,455,000) is hereby
9appropriated from the General Fund to the Superintendent of Public
10Instruction for allocation to school districts and county
11superintendents of schools in the manner, and for the purposes,
12set forth in this section.

13(2) The sum of six hundred four million forty-three thousand
14dollars ($604,043,000) is hereby appropriated from the General
15Fund to the Chancellor of the California Community Colleges for
16allocation to community college districts in the manner, and for
17the purposes, set forth in this section.

18(3) For purposes of this section, a school district includes a
19county office of education and a charter school.

20(b) (1) (A) The Superintendent of Public Instruction shall
21allocate forty million dollars ($40,000,000) of the funds
22appropriated pursuant to paragraph (1) of subdivision (a) to county
23superintendents of schools, as follows:

24(i) Each county superintendent of schools shall be allocated the
25greater of:begin delete (i)end deletebegin insert (I)end insert thirty thousand dollars ($30,000), multiplied by
26the number of school districts for which the county superintendent
27of schools has jurisdiction pursuant to Section 1253 of the
28Education Code; orbegin delete (ii)end deletebegin insert (II)end insert eighty thousand dollars ($80,000).

29(ii) After the allocations pursuant tobegin delete subparagraph (A),end deletebegin insert clause
30(i),end insert
the balance shall be allocated in an equal amount per unit of
31regular average daily attendance, as those average daily attendance
32numbers are reported at the time of the second principal
33apportionment for the 2014-15 fiscal year.

34(B) For purposes of allocating funding pursuant to this paragraph
35only, “regular average daily attendance” means the aggregate
36number of units of average daily attendance within the county
37attributable to all school districts for which the county
38superintendent of schools has jurisdiction pursuant to Section 1253
39of the Education Code, charter schools within the county, and the
40schools operated by the county superintendent of schools.

P205  1(2) It is the intent of the Legislature that county offices of
2education will prioritize the use of funds allocated pursuant to
3paragraph (1) for investments necessary to support new
4responsibilities required under the evolving accountability structure
5of the local control funding formula and develop greater capacity
6and consistency within and between county offices of education.
7A county office of education may encumber funds apportioned
8pursuant to this section at any time during the 2015-16 or 2016-17
9fiscal year.

10(3) The Superintendent shall allocate three billion fifty-eight
11million four hundred fifty-five thousand dollars ($3,058,455,000)
12of the funds appropriated pursuant to paragraph (1) of subdivision
13(a) to school districts on the basis of an equal amount per unit of
14regular average daily attendance, as those average daily attendance
15numbers are reported at the time of the second principal
16apportionment for the 2014-15 fiscal year.

17(c) The Chancellor of the California Community Colleges shall
18allocate the funds appropriated pursuant to paragraph (2) of
19subdivision (a) to community college districts on the basis of an
20equal amount per enrolled full-time equivalent student, as those
21numbers of students are reported at the time of the second principal
22apportionment for the 2014-15 fiscal year.

23(d) Allocations made pursuant to this section shall first satisfy
24any outstanding claims pursuant to Section 6 of Article XIII B of
25the California Constitution for reimbursement of state-mandated
26local program costs for any fiscal year. Notwithstanding Section
2712419.5 and any amounts that are paid in satisfaction of
28 outstanding claims for reimbursement of state-mandated local
29program costs, the Controller may audit any claim as allowed by
30law, and may recover any amount owed by school districts or
31community college districts pursuant to an audit only by reducing
32amounts owed by the state to school districts or community college
33districts for any other mandate claims. Under no circumstances
34shall a school district or community college district be required to
35remit funding back to the state to pay for disallowed costs identified
36by a Controller audit of claimed reimbursable state-mandated local
37program costs. The Controller shall not recover any amount owed
38by a school district or community college district pursuant to an
39audit of claimed reimbursable state-mandated local program costs
40by reducing any amount owed a school district or community
P206  1college district for any purpose other than amounts owed for any
2other mandate claims. The Controller shall apply amounts received
3by each school district or community college district against any
4balances of unpaid claims for reimbursement of state-mandated
5local program costs and interest in chronological order beginning
6with the earliest claim. The Controller shall report to each school
7district and community college district the amounts of any claims
8and interest that are offset from funds provided pursuant to this
9section, and shall report a summary of the amounts offset for each
10mandate for each fiscal year to the Department of Finance and the
11fiscal committees of the Legislature.

12(e) (1) The governing board of a school district or community
13college district may expend the one-time funds received pursuant
14to this section for any purpose, as determined by the governing
15board.

16(2) It is the intent of the Legislature that school districts shall
17prioritize the use of these one-time funds for professional
18development, induction for beginning teachers with a focus on
19relevant mentoring, instructional materials, technology
20infrastructure, and any other investments necessary to support
21implementation of the common core standards in English language
22arts and mathematics, the implementation of English language
23development standards, and the implementation of the Next
24Generation Science standards.

25(f) For purposes of making the computations required by Section
268 of Article XVI of the California Constitution, three hundred
27nineteen million two hundred thirty-one thousand dollars
28($319,231,000) of the appropriations made by subdivision (a) shall
29be deemed to be “General Fund revenues appropriated for school
30districts,” as defined in subdivision (c) of Section 41202 of the
31Education Code, for the 2013-14 fiscal year, and included within
32the “total allocations to school districts and community college
33districts from General Fund proceeds of taxes appropriated pursuant
34to Article XIII B,” as defined in subdivision (e) of Section 41202
35of the Education Code, for the 2013-14 fiscal year.

36(g) For purposes of making the computations required by Section
378 of Article XVI of the California Constitution, ninety-three million
38five hundred twenty-nine thousand dollars ($93,529,000) of the
39appropriations made by subdivision (a) shall be deemed to be
40“General Fund revenues appropriated for community college
P207  1districts,” as defined in subdivision (d) of Section 41202 of the
2Education Code, for the 2013-14 fiscal year, and included within
3the “total allocations to school districts and community college
4districts from General Fund proceeds of taxes appropriated pursuant
5to Article XIII B,” as defined in subdivision (e) of Section 41202
6of the Education Code, for the 2013-14 fiscal year.

7(h) For purposes of making the computations required by Section
88 of Article XVI of the California Constitution, two billion seven
9hundred forty-eight million three hundred forty-nine thousand
10dollars ($2,748,349,000) of the appropriations made by subdivision
11(a) shall be deemed to be “General Fund revenues appropriated
12for school districts,” as defined in subdivision (c) of Section 41202
13of the Education Code, for the 2014-15 fiscal year, and included
14within the “total allocations to school districts and community
15college districts from General Fund proceeds of taxes appropriated
16pursuant to Article XIII B,” as defined in subdivision (e) of Section
1741202 of the Education Code, for the 2014-15 fiscal year.

18(i) For purposes of making the computations required by Section
198 of Article XVI of the California Constitution, three hundred
20ninety-three million two hundred twenty thousand dollars
21($393,220,000) of the appropriations made by subdivision (a) shall
22be deemed to be “General Fund revenues appropriated for
23community college districts,” as defined in subdivision (d) of
24Section 41202 of the Education Code, for the 2014-15 fiscal year,
25and included within the “total allocations to school districts and
26community college districts from General Fund proceeds of taxes
27appropriated pursuant to Article XIII B,” as defined in subdivision
28(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
29year.

30(j) For purposes of making the computations required by Section
318 of Article XVI of the California Constitution, one hundred
32seventeen million two hundred ninety-four thousand dollars
33($117,294,000) of the appropriations made by subdivision (a) shall
34be deemed to be “General Fund revenues appropriated for
35community college districts,” as defined in subdivision (d) of
36Section 41202 of the Education Code, for the 2015-16 fiscal year,
37and included within the “total allocations to school districts and
38community college districts from General Fund proceeds of taxes
39appropriated pursuant to Article XIII B,” as defined in subdivision
P208  1(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
2year.

3(k) For purposes of making the computations required by Section
48 of Article XVI of the California Constitution, thirty million eight
5hundred seventy-five thousand dollars ($30,875,000) of the
6appropriations made by subdivision (a) shall be deemed to be
7“General Fund revenues appropriated for school districts,” as
8defined in subdivision (c) of Section 41202 of the Education Code,
9for the 2015-16 fiscal year, and included within the “total
10allocations to school districts and community college districts from
11General Fund proceeds of taxes appropriated pursuant to Article
12XIII B,” as defined in subdivision (e) of Section 41202 of the
13Education Code, for the 2015-16 fiscal year.

14

SEC. 160.  

Section 19130 of the Government Code is amended
15to read:

16

19130.  

The purpose of this article is to establish standards for
17the use of personal services contracts.

18(a) Personal services contracting is permissible to achieve cost
19savings when all the following conditions are met:

20(1) The contracting agency clearly demonstrates that the
21proposed contract will result in actual overall cost savings to the
22state, provided that:

23(A) In comparing costs, there shall be included the state’s
24additional cost of providing the same service as proposed by a
25contractor. These additional costs shall include the salaries and
26benefits of additional staff that would be needed and the cost of
27additional space, equipment, and materials needed to perform the
28function.

29(B) In comparing costs, there shall not be included the state’s
30indirect overhead costs unless these costs can be attributed solely
31to the function in question and would not exist if that function was
32not performed in state service. Indirect overhead costs shall mean
33the pro rata share of existing administrative salaries and benefits,
34rent, equipment costs, utilities, and materials.

35(C) In comparing costs, there shall be included in the cost of a
36contractor providing a service any continuing state costs that would
37be directly associated with the contracted function. These
38continuing state costs shall include, but not be limited to, those
39for inspection, supervision, and monitoring.

P209  1(2) Proposals to contract out work shall not be approved solely
2on the basis that savings will result from lower contractor pay rates
3or benefits. Proposals to contract out work shall be eligible for
4approval if the contractor’s wages are at the industry’s level and
5do not significantly undercut state pay rates.

6(3) The contract does not cause the displacement of civil service
7employees. The term “displacement” includes layoff, demotion,
8involuntary transfer to a new class, involuntary transfer to a new
9location requiring a change of residence, and time base reductions.
10Displacement does not include changes in shifts or days off, nor
11does it include reassignment to other positions within the same
12class and general location.

13(4) The contract does not adversely affect the state’s affirmative
14action efforts.

15(5) The savings shall be large enough to ensure that they will
16not be eliminated by private sector and state cost fluctuations that
17could normally be expected during the contracting period.

18(6) The amount of savings clearly justify the size and duration
19of the contracting agreement.

20(7) The contract is awarded through a publicized, competitive
21bidding process.

22(8) The contract includes specific provisions pertaining to the
23qualifications of the staff that will perform the work under the
24contract, as well as assurance that the contractor’s hiring practices
25meet applicable nondiscrimination, affirmative action standards.

26(9) The potential for future economic risk to the state from
27potential contractor rate increases is minimal.

28(10) The contract is with a firm. A “firm” means a corporation,
29partnership, nonprofit organization, or sole proprietorship.

30(11) The potential economic advantage of contracting is not
31outweighed by the public’s interest in having a particular function
32performed directly by state government.

33(b) Personal services contracting also shall be permissible when
34any of the following conditionsbegin delete can beend deletebegin insert areend insert met:

35(1) The functions contracted are exempted from civil service
36by Section 4 of Article VII of the California Constitution, which
37describes exempt appointments.

38(2) The contract is for a new state function and the Legislature
39has specifically mandated or authorized the performance of the
40work by independent contractors.

P210  1(3) The services contracted are not available within civil service,
2cannot be performed satisfactorily by civil service employees, or
3are of such a highly specialized or technical nature that the
4necessary expert knowledge, experience, and ability are not
5available through the civil service system.

6(4) The services are incidental to a contract for the purchase or
7lease of real or personal property. Contracts under this criterion,
8known as “service agreements,” shall include, but not be limited
9 to, agreements to service or maintain office equipment or
10computers that are leased or rented.

11(5) The legislative, administrative, or legal goals and purposes
12cannot be accomplished through the utilization of persons selected
13pursuant to the regular civil service system. Contracts are
14permissible under this criterion to protect against a conflict of
15interest or tobegin delete insureend deletebegin insert ensureend insert independent and unbiased findings in
16cases where there is a clear need for a different, outside perspective.
17These contracts shall include, but not be limited to, obtaining expert
18witnesses in litigation.

19(6) The nature of the work is such that thebegin delete Government Codeend delete
20 standardsbegin insert of this codeend insert for emergency appointments apply. These
21contracts shall conform with Article 8 (commencing with Section
2219888) of Chapter 2.5 of Part 2.6.

2