BILL NUMBER: AB 3601	ENROLLED   06/23/94
	BILL TEXT

	PASSED THE SENATE   JUNE 23, 1994
	PASSED THE ASSEMBLY   MAY 12, 1994
	AMENDED IN ASSEMBLY   APRIL 14, 1994

INTRODUCED BY  Committee on Judiciary as presented by Assembly
Member Weggeland on behalf of the committee (Archie-Hudson,
Caldera, Connolly, Epple, Terry Friedman, Goldsmith, Horcher,
Isenberg, Morrow, Snyder, Speier, and Statham)

                        FEBRUARY 25, 1994

   An act to amend Sections 166, 729, 3502, 3521.5, 4980.45,
6157.5, 6403, 8025.1, and 10145 of, and to amend and renumber
Section 6086.13 of, the Business and Professions Code, to amend
Sections 1785.11, 1785.13, 1950.5, 2982, 2984.3, 2986.2, and
3482.6 of, and to repeal Section 4722.5 of, the Civil Code, to
amend Sections 405.21, 472b, and 695.220 of, to amend and
renumber Section 383 of, to amend and renumber the heading of
Article 3 (commencing with Section 405.30), Article 4
(commencing with Section 405.50), and Article 5 (commencing with
Section 405.60) of Chapter 2 of Title 4.5 of Part 2 of, and to
repeal Title 1 (commencing with Section 1823) of Part 3.5 of,
the Code of Civil Procedure, to amend Sections 1981, 41305,
42238, 44277, 48911, 48918, 56034, 56155.5, 56366.1, 56775, and
60240 of the Education Code, to amend Sections 2552, 2601, and
6005 of the Elections Code, to amend Section 2110 of, and to add
Section 4071.5 to, the Family Code, to amend Sections 857,
8051.2, 8598, and 12157 of the Fish and Game Code, to amend
Sections 232, 235, 4104, 77417, and 77442 of, to amend and
renumber Sections 239, 240, 241, 242, 243, 77501, 77502, 77503,
77504, and 77505 of, and to repeal Article 2 (commencing with
Section 56732) of Chapter 7.5 of Division 20 of, the Food and
Agricultural Code, to amend Sections 6159, 9020, 10207, 11135,
12811, 12945.2, 13960, 14669.8, 16367.5, 20013.7, 20013.75,
56375, 68059, and 95004 of, to amend and renumber Sections
6516.5 and 15819.32 of, to amend and renumber the heading of
Chapter 11 (commencing with Section 15399.50) of Part 6.7 of
Division 3 of Title 2 of, to repeal, amend, and renumber the
heading of Article 3.6 (commencing with Section 15346) of
Chapter 1 of Part 6.7 of Division 3 of Title 2 of, and to repeal
Sections 12955.9, 26751, 41612, 53115.1, 54925.1, and 54952.2
of, the Government Code, to amend Sections 658.3, 1126, and
1171.5 of the Harbors and Navigation Code, to amend Sections
429.16, 1259.5, 1266, 1357, 1418.8, 1562.5, 1569.694, 10284,
10325, 11366.8, 25159.18, 25187, 25200.1.5, 25201.5, 25355.7,
26569.29, 33334.20, 33607.7, 33676, 42400.4, and 50406 of, to
amend and renumber Sections 429.13, 429.14, 429.15, 1250.1,
1367.5, 17922.1, 25201.10, 25359.3, 33492.50, 33492.51,
33492.53, and 33492.69 of, to add the heading of Article 4
(commencing with Section 33492.70) to Chapter 4.5 of Part 1 of
Division 24 of, to repeal Sections 1596.803, 33492.55, 33681.6,
and 33682.1 of, to repeal Article 7.5 (commencing with Section
1389.1) of Chapter 2.2 of Division 2 of, to repeal Article 1
(commencing with Section 33492) of Chapter 4.5 of Part 1 of
Division 24 of, and to repeal the heading of Article 2
(commencing with Section 33492.50) of Chapter 4.5 of Part 1 of
Division 24 of, and to repeal the heading of Chapter 4.5
(commencing with Section 33492) of Part 1 of Division 24 of, the
Health and Safety Code, to repeal Sections 10112.5 and 10384 of
the Insurance Code, to amend Sections 53, 54.5, 55, 56, 60,
119, 125, 126, 133, 138.2 138.5, 3205, 3205.5, 3206, 3717, 4409,
4726, 4753.5, 5300, 5305, 5450, 5451, 5452, 5453, 5454, 5703,
and 9021.9 of, and to repeal Section 2808 of, the Labor Code, to
amend Sections 395.1 and 395.3 of the Military and Veterans
Code, to amend Sections 987.2, 1170.1, 1203, 1203.1g, 12021, and
12305 of, to amend and renumber Section 11113 of, and to repeal
Sections 209.5 and 215 of, the Penal Code, to amend Section
2051 of the Public Contract Code, to amend Sections 5029,
5079.01, 5079.12, 6217, 14571.7, 41780.2, 42291, 42950, and
60007 of, to amend and renumber Section 42145.5 of, and to
repeal Section 5072.8 of, the Public Resources Code, to amend
Sections 1007.5, 2872, 2891.1, 3910, 3911, and 99401.5 of, and
to amend and renumber Section 2282.5 of, the Public Utilities
Code, to amend Sections 74.3, 254.5, 2188.8, 6073, 6355, 6358.2,
13210, 13221, 17053.45, 17053.46, 17145, 18431.2, 18723,
24356.3, 30101, 41136, and 41137 of, to amend and renumber
Sections 97.036, 97.038, and 19531 of, and to repeal Sections
18512, 30461.6, and 43152.11 of, the Revenue and Taxation Code,
to amend Section 223 of the Streets and Highways Code, to amend
Sections 1095, 1875, and 9601.7 of the Unemployment Insurance
Code, to amend Sections 5002.6, 5024, and 11709.2 of the Vehicle
Code, to amend Sections 366.21, 729, 731.6, 11325.2, 11400,
11462.05, 11466.2, 12301.6, 16516, and 19150 of, and to amend
and renumber Section 14124.92 of, the Welfare and Institutions
Code, to amend Section 23.5 of Chapter 503 of the Statutes of
1955, Section 2 of Chapter 775 of the Statutes of 1989, Section
22 of Chapter 1608 of the Statutes of 1990, Section 4 of Chapter
346 of the Statutes of 1992, and Section 10 of Chapter 312 of,
and Sections 1 and 7 of Chapter 1270 of, the Statutes of 1993,
relating to the maintenance of the codes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3601, 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 restate existing provisions of law to
effectuate the recommendations made by the Legislative Counsel
to the Legislature for consideration during 1994 and would not
make any substantive change in the law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1. Section 166 of the Business and Professions Code is
amended to read:
   166.  The director shall, by regulation, develop guidelines
to prescribe components for mandatory continuing education
programs administered by any board within the department.
   (a) The guidelines shall be developed to ensure that
mandatory continuing education is used as a means to create a
more competent licensing population, thereby enhancing public
protection.  The guidelines shall require mandatory continuing
education programs to address, at least, the following:
   (1) Course validity.
   (2) Occupational relevancy.
   (3) Effective presentation.
   (4) Actual attendance.
   (5) Material assimilation.
   (6) Potential for application.
   (b) The director shall consider educational principles, and
the guidelines shall prescribe mandatory continuing education
program formats to include, but not be limited to, the
following:
   (1) The specified audience.
   (2) Identification of what is to be learned.
   (3) Clear goals and objectives.
   (4) Relevant learning methods (participatory, hands-on, or
clinical setting).
   (5) Evaluation, focused on the learner and the assessment of
the intended learning outcomes (goals and objectives).
   (c) Any board within the department that, after January 1,
1993, proposes a mandatory continuing education program for its
licensees shall submit the proposed program to the director for
review to assure that the program contains all the elements set
forth in this section and complies with the guidelines developed
by the director.
   (d) Any board administering a mandatory continuing education
program that proposes to amend its current program shall do so
in a manner consistent with this section.
   (e) Any board currently administering a mandatory continuing
education program shall review the components and requirements
of the program to determine the extent to which they are
consistent with the guidelines developed under this section.
The board shall submit a report of their findings to the
director.  The report shall identify the similarities and
differences of its mandatory continuing education program.  The
report shall include any board-specific needs to explain the
variation from the director's guidelines.
   (f) Any board administering a mandatory continuing education
program, when accepting hours for credit which are obtained out
of state, shall ensure that the course for which credit is given
is administered in accordance with the guidelines addressed in
subdivision (a).
   (g) Nothing in this section or in the guidelines adopted by
the director shall be construed to repeal any requirements for
continuing education programs set forth in any other provision
of this code.
  SEC. 2. Section 729 of the Business and Professions Code is
amended to read:
   729.  (a) Any physician and surgeon, psychotherapist, or any
person holding himself or herself out to be a physician and
surgeon or psychotherapist, who engages in an act of sexual
intercourse, sodomy, oral copulation, or sexual contact with a
patient or client, or with a former patient or client when the
relationship was terminated primarily for the purpose of
engaging in those acts, unless the physician and surgeon or
psychotherapist has referred the patient or client to an
independent and objective physician and surgeon or
psychotherapist, recommended by a third-party physician and
surgeon or psychotherapist, for treatment, is guilty of sexual
exploitation by a physician and surgeon or psychotherapist.
   (b) Sexual exploitation by a physician and surgeon or
psychotherapist is a public offense:
   (1) An act in violation of subdivision (a)  shall be
punishable by imprisonment in a county jail for a period of not
more than six months, or a fine not exceeding one thousand
dollars ($1,000), or both.
   (2) Multiple acts in violation of subdivision (a) with a
single victim, when the offender has no prior conviction for
sexual exploitation, shall be punishable by imprisonment in a
county jail for a period of not more than six months, or a fine
not exceeding one thousand dollars ($1,000), or both.
   (3) An act or acts in violation of subdivision (a) with two
or more victims shall be punishable by imprisonment in the state
prison for a period of 16 months, two years, or three years,
and a fine not exceeding ten thousand dollars ($10,000); or the
act or acts shall be punishable by imprisonment in a county jail
for a period of not more than one year, or a fine not exceeding
one thousand dollars ($1,000), or both.
   (4) Two or more acts in violation of subdivision (a) with a
single victim, when the offender has at least one prior
conviction for sexual exploitation, shall be punishable by
imprisonment in the state prison for a period of 16 months, two
years, or three years, and a fine not exceeding ten thousand
dollars ($10,000); or the act or acts shall be punishable by
imprisonment in a county jail for a period of not more than one
year, or a fine not exceeding one thousand dollars ($1,000), or
both.
   (5) An act or acts in violation of subdivision (a) with two
or more victims, and the offender has at least one prior
conviction for sexual exploitation, shall be punishable by
imprisonment in the state prison for a period of 16 months, two
years, or three years, and a fine not exceeding ten thousand
dollars ($10,000).
   For purposes of subdivision (a), in no instance shall consent
of the patient or client be a defense.  However, physicians and
surgeons shall not be guilty of sexual exploitation for
touching any intimate part of a patient or client unless the
touching is outside the scope of medical examination and
treatment, or the touching is done for sexual gratification.
   (c) For purposes of this section:
   (1) "Psychotherapist" has the same meaning as defined in
Section 728.
   (2) "Sexual contact" means sexual intercourse or the touching
of an intimate part of a patient for the purpose of sexual
arousal, gratification, or abuse.
   (3) "Intimate part" and "touching" have the same meanings as
defined in Section 243.4 of the Penal Code.
   (d) In the investigation and prosecution of a violation of
this section, no person shall seek to obtain disclosure of any
confidential files of other patients, clients, or former
patients or clients of the physician and surgeon or
psychotherapist.
   (e) This section does not apply to sexual contact between a
physician and surgeon and his or her spouse or person in an
equivalent domestic relationship when that physician and surgeon
provides medical treatment, other than psychotherapeutic
treatment, to his or her spouse or person in an equivalent
domestic relationship.
   (f) If a physician and surgeon or psychotherapist in a
professional partnership or similar group has sexual contact
with a patient in violation of this section, another physician
and surgeon or psychotherapist in the partnership or group shall
not be subject to action under this section solely because of
the occurrence of that sexual contact.
  SEC. 3. Section 3502 of the Business and Professions Code is
amended to read:
   3502.  (a) Notwithstanding any other provision of law, a
physician assistant may perform those medical services as set
forth by the regulations of the board when the services are
rendered under the supervision of a licensed physician and
surgeon or of physicians and surgeons approved by the board,
except as provided in Section 3502.5.
   (b) Notwithstanding any other provision of law, a trainee may
perform those medical services as set forth by the regulations
of the board when those services are rendered within the scope
of an approved program.
   (c) No medical services may be performed under this chapter
in any of the following areas:
   (1) The determination of the refractive states of the human
eye, or the fitting or adaptation of lenses or frames for the
aid thereof.
   (2) The prescribing or directing the use of, or using, any
optical device in connection with ocular exercises, visual
training, or orthoptics.
   (3) The prescribing of contact lenses for, or the fitting or
adaptation of contact lenses to, the human eye.
   (4) The practice of dentistry or dental hygiene or the work
of a dental auxiliary as defined in Chapter 4 (commencing with
Section 1600).
   (d) This section shall not be construed in a manner that
shall preclude the performance of routine visual screening as
defined in Section 3501.
  SEC. 4. Section 3521.5 of the Business and Professions Code is
amended to read:
   3521.5.  The committee shall report to the appropriate policy
and fiscal committees of each house of the Legislature whenever
the board approves a fee increase pursuant to Sections 3521 and
3521.1.  The committee shall specify the reasons for each
increase in the report.  Reports prepared pursuant to this
section shall identify the percentage of funds derived from an
increase in fees pursuant to Senate Bill 1077 of the 1991-92
Regular Session (Chapter 917, Statutes of 1991) that will be
used for investigational and enforcement activities by the board
and committee.
  SEC. 5. Section 4980.45 of the Business and Professions Code
is amended to read:
   4980.45.  (a) A licensed professional in private practice who
is a marriage, family, and child counselor, a psychologist, a
clinical social worker, a licensed physician certified in
psychiatry by the American Board of Psychiatry and Neurology, or
a licensed physician who has completed a residency in
psychiatry and who is described in subdivision (f) of Section
4980.40 may supervise or employ, at any one time, no more than
two unlicensed marriage, family, and child counselor registered
interns in that private practice.
   (b) A marriage, family, and child counseling corporation, as
defined in Section 4987.5, may employ, at any one time, no more
than two registered interns for each employee or shareholder who
is qualified to provide supervision pursuant to subdivision (f)
of Section 4980.40.  In no event shall any corporation employ,
at any one time, more than 10 registered interns.  In no event
shall any supervisor supervise, at any one time, more than two
registered interns.  Persons who supervise interns shall be
employed full time by the professional corporation and shall be
actively engaged in performing professional services at and for
the professional corporation.  Employment and supervision within
a marriage, family, and child counseling corporation shall be
subject to all laws and regulations governing experience and
supervision gained in a private practice setting.
   (c) Within 30 days of employment and within 30 days of
termination of employment, in any allowable work setting, a
registered intern shall notify the board in writing of the
employment or termination of employment.  The notice shall
include the name of the registered intern, the full name and
business address of the employer, the type of work setting where
the intern is gaining hours of experience, and the date
employment commenced or terminated.  If an intern fails to
notify the board within 30 days after the date of his or her
employment or termination of employment, the board shall not
accept any hours of experience gained during that period of
employment prior to notification for the purposes of meeting the
experience requirements for licensure.  The board may, at its
discretion, waive this requirement when it believes good cause
exists.  "Employment," as used in this section, means the
gaining of hours of experience in an allowable setting as an
employee or as a volunteer.  This subdivision does not apply to
hours gained on or after January 1, 1994.
  SEC. 6. Section 6086.13 of the Business and Professions Code,
as added by Section 2 of Chapter 1265 of the Statutes of 1992,
is amended and renumbered to read:
   6086.15.  (a) The State Bar shall issue an Annual Discipline
Report by April 30 of each year describing the performance and
condition of the State Bar discipline system.  The report shall
cover the previous calendar year and shall include accurate and
complete descriptions of all of the following:
   (1) The existing backlog of cases within the discipline
system.
   (2) The number of inquiries and complaints and their
disposition.
   (3) The number and types of matters self-reported by members
of the State Bar pursuant to subdivision (o) of Section 6068 and
subdivision (c) of Section 6086.8.
   (4) The number and types of matters reported by other sources
pursuant to Sections 6086.7 and 6086.8.
   (5) The speed of complaint handling and dispositions by type.

   (6) The number and types of filed notices to show cause and
formal disciplinary outcomes.
   (7) The number and types of informal discipline outcomes,
including petitions to terminate practice, interim suspensions
and license restrictions, criminal conviction monitoring,
letters of warning, private reprovals, admonitions, and
agreements in lieu of discipline.
   (8) A description of the programs of the State Bar directed
at assuring honesty and competence by attorneys.
   (9) A description of the programs of the State Bar directed
at preventing acts warranting discipline.
   (10) A description of the condition of the Client Security
Fund, including an accounting of payouts.
   (11) A report on the audits and decisions of the Complainants'
Grievance Panel.
   (12) An accounting of the cost of the discipline system by
function.
   (b) The Annual Discipline Report shall include statistical
information presented in a consistent manner for year-to-year
comparison and shall compare the information required under
subdivision (a) to similar information for the previous three
years.  The report shall include the general data and tables
included in the previous reports of the State Bar Discipline
Monitor where feasible.
   (c) The Annual Discipline Report shall be presented to the
Chief Justice of the Supreme Court, to the Governor, to the
Speaker of the Assembly, and the President pro Tempore of the
Senate for their consideration and shall be considered a public
document.
  SEC. 7. Section 6157.5 of the Business and Professions Code is
amended to read:
   6157.5.  The court shall report the name, address, and
professional license number of any person found to be in
violation of this article to the appropriate professional
licensing agency for review and possible disciplinary action.
  SEC. 8. Section 6403 of the Business and Professions Code is
amended to read:
   6403.  (a) The application for registration of a natural
person shall contain all of the following statements about the
applicant:
   (1) Name, age, address, and telephone number.
   (2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127.
   (3) Whether he or she has been held liable in a civil action
by final judgment or consented to the entry of a stipulated
judgment, if the action alleged fraud, or the use of untrue or
misleading representations, or the use of an unfair, unlawful,
or deceptive business practice.
   (b) The application for registration of a partnership or
corporation shall contain all of the following statements about
the applicant:
   (1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
   (2) Whether the general partners or officers have ever been
convicted of a felony.
   (3) Whether the general partners or officers have ever been
held liable in a civil action by final judgment or have
consented to the entry of a stipulated judgment.  If the action
alleged fraud, whether it involved the use of untrue or
misleading representations, or the use of an unfair, unlawful,
or deceptive business practice.
  SEC. 9. Section 8025.1 of the Business and Professions Code is
amended to read:
   8025.1.  (a) In addition to the causes for discipline or
denial of certification set forth in Section 8025, the board may
suspend or revoke any certificate, or deny certification, on
any of the following grounds:
   (1) That the applicant or licensee is incapable of performing
the duties of a certified shorthand reporter due to physical or
mental infirmity or incapacity.
   (2) That the applicant or licensee is unable to perform the
duties of a certified shorthand reporter due to the abuse of
chemical substances or alcohol.
   (b) For purposes of determining the existence or nonexistence
of grounds for denial, suspension, or revocation of a license
as set forth in this section, the board may, based upon a
reasonable belief that grounds exist, require the applicant or
licensee to submit to a physical or mental examination or
examinations by a licensed physician as designated by the board.
  Failure to submit to, or to schedule, a physical or mental
examination within 10 days of written demand by the board shall
result in the automatic suspension of any license or the denial
of any application.  The denial of an application on any of the
grounds set forth in this section shall be subject to the
provisions of Sections 11504 and 11504.5 of the Government Code.
  The licensee may request a hearing to contest an automatic
suspension of licensure under this section by sending a written
request for hearing to the offices of the board within 12 days
of the date that the board mails a notice of suspension to the
licensee.  If a hearing is requested, it shall be convened
within 30 days after the receipt by the board of the written
request for the hearing.  The hearing shall be conducted in
accordance with the provisions of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.  The sole issue for determination in the
hearing, whether for denial or suspension of license, shall be
whether the licensee failed or refused to submit to the physical
or mental examination after being duly ordered to do so by the
board.  Evidence that the licensee has, since the date of
automatic suspension, submitted to a mental or physical
examination shall be considered as mitigation of any failure or
refusal to comply with the board's order, and may, in the sound
discretion of the administrative law judge, constitute cause to
set aside any automatic suspension.  A decision shall be
rendered by the administrative law judge within 10 days of the
hearing and shall constitute the final determination as to the
continuing status of any automatic suspension.
   (c) Following a physical or mental examination pursuant to
subdivision (b), the physician conducting the examination shall
determine whether the applicant or licensee is incapable of
performing the duties of a certified shorthand reporter due to
physical or mental infirmity or incapacity, or whether the
applicant or licensee is unable to perform the duties of a
certified shorthand reporter due to the abuse of chemical
substances or alcohol.  Where a medical determination is made
that an impairment exists, and the finding is reported to the
board, the board shall deny any application and any license
shall be automatically suspended.  The denial of an application
on these grounds shall be subject to the provisions of Sections
11504 and 11504.5 of the Government Code.  The licensee may
request a hearing to contest an automatic suspension of
licensure under this section by sending a written request for
hearing to the offices of the board within 12 days of the date
that the board mails a notice of suspension to the licensee.  If
a hearing is requested, it shall be convened within 30 days
after the receipt by the board of the written request for
hearing.  The hearing shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.  The sole issue for
determination in the hearing, whether for denial or suspension
of license, shall be whether the applicant or licensee is
incapable of performing the duties of a certified shorthand
reporter due to physical or mental infirmity or incapacity, or
whether the applicant or licensee is unable to perform the
duties of a certified shorthand reporter due to the abuse of
chemical substances or alcohol.
   (d) For purposes of the hearing conducted pursuant to
subdivision (c), the applicant or licensee shall, at a minimum,
have the following rights:
   (1) To be represented by counsel.
   (2) To have a record made of the proceedings, copies of which
may be obtained by the licentiate upon payment of any
reasonable charges associated with the record.
   (3) To call, examine, and cross-examine witnesses.
   (4) To present and rebut evidence determined to be relevant.

   (5) To present oral argument.
   (e) The statutory period governing reapplication for
licensure following denial of the application as set forth in
Section 486 does not apply to licenses denied under this
section.
  SEC. 10. Section 10145 of the Business and Professions Code is
amended to read:
   10145.  (a) (1) A real estate broker who accepts funds
belonging to others in connection with any transaction subject
to this part shall deposit all funds that are not immediately
placed into a neutral escrow depository or into the hands of the
broker's principal, into a trust fund account maintained by the
broker in a bank or recognized depository in this state.  All
funds deposited by the broker in a trust fund account shall be
maintained there until disbursed by the broker in accordance
with instructions from the person entitled to the funds.
   (2) Notwithstanding paragraph (1), until January 1, 1996, a
real estate broker collecting payments or performing services
for investors or note owners in connection with loans secured by
a first lien on real property may deposit funds received in
trust in an out-of-state depository institution insured by the
Federal Deposit Insurance Corporation, if the investor or note
owner is any one of the following:
   (A) The Federal National Mortgage Association, the Government
National Mortgage Association, the Federal Home Loan Mortgage
Corporation, the Federal Housing Administration, and the Veteran'
s Administration.
   (B) Any bank or subsidiary thereof, bank holding company or
subsidiary thereof, trust company, savings bank or savings and
loan association or subsidiary thereof, savings bank or savings
association holding company or subsidiary thereof, credit union,
industrial bank or industrial loan company, or insurance
company doing business under the authority of, and in accordance
with, the laws of this state, any other state, or of the United
States relating to banks, trust companies, savings banks or
savings associations, credit unions, industrial banks or
industrial loan companies, or insurance companies, as evidenced
by a license, certificate, or charter issued by the United
States or any state, district, territory, or commonwealth of the
United States.
   (C) Trustees of a pension, profit sharing, or welfare fund,
if the pension, profitsharing, or welfare fund has a net worth
of not less than fifteen million dollars ($15,000,000).
   (D) Any corporation with outstanding securities registered
under Section 12 of the Securities Exchange Act of 1934 or any
wholly owned subsidiary of that corporation.
   (E) Any syndication or other combination of any of the
entities specified in subparagraph (A), (B), (C), or (D) that is
organized to purchase the promissory note.
   (F) The California Housing Finance Agency or any local
housing finance agency organized under the Health and Safety
Code.
   (G) A licensed real estate broker selling all or part of the
loan, note, or contract to a lender or purchaser specified in
subparagraphs (A) to (F), inclusive, of this subdivision.
   (3) Until January 1, 1996, a real estate broker who deposits
funds held in trust in an out-of-state depository institution in
accordance with the provisions of paragraph (2) shall make
available, in this state, the books, records, and files
pertaining to the trust accounts to the commissioner or the
commissioner's representatives, or pay the reasonable expenses
for travel and lodging incurred by the commissioner or the
commissioner's representatives in order to conduct an
examination at any out-of-state location.
   (4) The provisions of paragraphs (2) and (3) shall remain in
effect only until January 1, 1996, and as of that date shall be
of no force or effect unless a later enacted statute deletes or
extends that date.
   (b) A real estate broker acting as a principal pursuant to
Section 10131.1 or Article 6 (commencing with Section 10237) of
this part shall place all funds received from others for the
purchase of real property sales contracts or promissory notes
secured directly or collaterally by liens on real property in a
neutral escrow depository unless delivery of the contract or
note is made simultaneously with the receipt of the purchase
funds.
   (c) A real estate sales person who accepts trust funds from
others on behalf of the broker under whom he or she is licensed
shall immediately deliver the funds to the broker or, if so
directed by the broker, shall place the funds into the hands of
the broker's principal, into a neutral escrow depository, or
shall deposit the funds into the broker's trust fund account.
   (d) If not otherwise expressly prohibited by a provision of
this part, a real estate broker may, at the request of the owner
of trust funds or of the principals to a transaction or series
of transactions from whom the broker has received trust funds,
deposit the funds into an interest-bearing account in a bank,
savings and loan association, credit union, or industrial loan
company whose accounts are insured by the Federal Deposit
Insurance Corporation, if all of the following requirements are
met:
   (1) The account is in the name of the broker as trustee for
the specified beneficiary or specified principal of a
transaction or series of transactions.
   (2) All of the funds in the account are covered by insurance
provided by an agency of the federal government.
   (3) The funds in the account are kept separate, distinct, and
apart from funds belonging to the broker or to any other person
for whom the broker holds funds in trust.
   (4) The broker discloses to the person from whom the trust
funds are received and to any beneficiary whose identity is
known to the broker at the time of establishing the account the
nature of the account, how interest will be calculated and paid
under various circumstances, whether service charges will be
paid to the depository and by whom, and possible notice
requirements or penalties for withdrawal of funds from the
account.
   (5) No interest earned on funds in the account shall inure
directly or indirectly to the benefit of the broker nor to any
person                                             licensed to
the broker.
   (6) In an executory sale, lease, or loan transaction in which
the broker accepts funds in trust to be applied to the
purchase, lease, or loan, the parties to the contract shall have
specified in the contract or by collateral written agreement
the person to whom interest earned on the funds is to be paid or
credited.
   (e) The broker shall have no obligation to place trust funds
into an interest-bearing account unless requested to do so and
unless all of the conditions in subdivision (d) are met; nor, in
any event, if he or she advises the party making  the request
that the funds will not be placed in an interest-bearing
account.
   (f) Nothing in subdivision (d) precludes the commissioner
from prescribing by regulation the circumstances in which and
the conditions under which a real estate broker is authorized to
deposit funds received in trust into an interest-bearing trust
fund account.
   (g) The broker shall maintain a separate record of the
receipt and disposition of all funds described in subdivisions
(a) and (b), including any interest earned on the funds.
   (h) Upon request of the commissioner, a broker shall furnish
to the commissioner an authorization for examination of
financial records of any such trust fund accounts maintained in
a financial institution, in accordance with the procedures set
forth in Section 7473 of the Government Code.
   (i) As used in this section "neutral escrow" means an escrow
business conducted by a person licensed under Division 6
(commencing with Section 17000) of the Financial Code or by any
person described in paragraph (1) or (3) of subdivision (a) of
Section 17006 of that code.
  SEC. 11. Section 1785.11 of the Civil Code is amended to read:

   1785.11.  (a) A consumer credit reporting agency shall
furnish a consumer credit report only under the following
circumstances:
   (1) In response to the order of a court having jurisdiction
to issue such an order.
   (2) In accordance with the written instructions of the
consumer to whom it relates.
   (3) To a person whom it has reason to believe:
   (A) Intends to use the information in connection with a
credit transaction, or entering or enforcing an order of a court
of competent jurisdiction for support, involving the consumer
as to whom the information is to be furnished and involving the
extension of credit to, or review or collection of an account
of, the consumer; or
   (B) Intends to use the information for employment purposes;
or
   (C) Intends to use the information in connection with the
underwriting of insurance involving the consumer, or for
insurance claims settlements; or
   (D) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or
other benefit granted by a governmental instrumentality required
by law to consider the applicant's financial responsibility or
status; or
   (E) Intends to use the information in connection with the
hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940; or
   (F) Otherwise has a legitimate business need for the
information in connection with a business transaction involving
the consumer.
   (b) A consumer credit reporting agency may furnish
information for purposes of a credit transaction specified in
subparagraph (A) of paragraph (4), where it is a credit
transaction that is not initiated by the consumer, only under
the circumstances specified in paragraph (1) or (2), as follows:

   (1) The consumer authorizes the consumer credit reporting
agency to furnish the consumer credit report to the person.
   (2) The proposed transaction involves a firm offer of credit
to the consumer, the consumer credit reporting agency has
complied with subdivision (c), and the consumer has not elected
pursuant to paragraph (1) of subdivision (c) to have the
consumer's name excluded from lists of names provided by the
consumer credit reporting agency for purposes of reporting in
connection with the potential issuance of firm offers of credit.
  A consumer credit reporting agency may provide only the
following information pursuant to this paragraph:
   (A) The name and address of the consumer.
   (B) Information pertaining to a consumer that is not
identified or identifiable with a particular consumer.
   Except as provided in paragraph (2) of subdivision (a) of
Section 1785.15, a consumer credit reporting agency shall not
furnish to any person a record of inquiries solely resulting
from credit transactions that are not initiated by the consumer.

   (c) (1) A consumer may elect to have his or her name and
address excluded from any list provided by a consumer credit
reporting agency pursuant to paragraph (2) of subdivision (b) by
notifying the consumer credit reporting agency, by telephone or
in writing, through the notification system maintained by the
consumer credit reporting agency pursuant to subdivision (d),
that the consumer does not consent to any use of consumer credit
reports relating to the consumer in connection with any
transaction that is not initiated by the consumer.
   (2) An election of a consumer under paragraph (1) shall be
effective with respect to a consumer credit reporting agency,
and any affiliate of the consumer credit reporting agency, on
the date on which the consumer notifies the consumer credit
reporting agency.
   (3) An election of a consumer under paragraph (1) shall
terminate and be of no force or effect following notice from the
consumer to the consumer credit reporting agency, through the
system established pursuant to subdivision (d), that the
election is no longer effective.
   (d) Each consumer credit reporting agency that furnishes a
prequalifying report pursuant to subdivision (b) in connection
with a credit transaction not initiated by the consumer shall
establish and maintain a notification system, including a
toll-free telephone number, that permits any consumer, with
appropriate identification and for which the consumer credit
reporting agency has a file, to notify the consumer credit
reporting agency of the consumer's election to have the consumer'
s name removed from any list of names and addresses provided by
the consumer credit reporting agency, and by any affiliated
consumer credit reporting agency, pursuant to paragraph (2) of
subdivision (b).  Compliance with the requirements of this
subdivision by a consumer credit reporting agency shall
constitute compliance with those requirements by any affiliate
of that consumer credit reporting agency.
   (e) Each consumer credit reporting agency that compiles and
maintains files on consumers on a nationwide basis shall
establish and maintain a notification system under paragraph (1)
of subdivision (d) jointly with its affiliated consumer credit
reporting agencies.
  SEC. 12. Section 1785.13 of the Civil Code is amended to read:

   1785.13.  (a) No consumer credit reporting agency shall make
any consumer credit report containing any of the following items
of information:
   (1) Bankruptcies that, from the date of adjudication,
antedate the report by more than 10 years.
   (2) Suits and judgments that, from the date of entry or
renewal, antedate the report by more than seven years or until
the governing statute of limitations has expired, whichever is
the longer period.
   (3) Unlawful detainer actions, unless the lessor was the
prevailing party.  For purposes of this paragraph, the lessor
shall be deemed to be the prevailing party only if (A) final
judgment was awarded to the lessor (i) upon entry of the tenant'
s default, (ii) upon the granting of the lessor's motion for
summary judgment, or (iii) following trial, or (B) the action
was resolved by a written settlement agreement between the
parties that states that the unlawful detainer action may be
reported.  In any other instance in which the action is resolved
by settlement agreement, the lessor shall not be deemed to be
the prevailing party for purposes of this paragraph.
   (4) Paid tax liens that, from the date of payment, antedate
the report by more than seven years.
   (5) Accounts placed for collection or charged to profit and
loss that antedate the report by more than seven years.
   (6) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more
than seven years.  These items of information shall no longer be
reported if at any time it is learned that in the case of a
conviction a full pardon has been granted, or in the case of an
arrest, indictment, information, or misdemeanor complaint a
conviction did not result.
   (7) Any other adverse information that antedates the report
by more than seven years.
   (b) The seven-year period specified in paragraphs (5) and (7)
of subdivision (a) shall commence to run, with respect to any
account that is placed for collection (internally or by referral
to a third party, whichever is earlier), charged to profit and
loss, or subjected to any similar action, upon the expiration of
the 180-day period beginning on the date of the commencement of
the delinquency that immediately preceded the collection
activity, charge to profit and loss, or similar action.  Where
more than one of these actions is taken with respect to a
particular account, the seven-year period specified in
paragraphs (5) and (7) shall commence concurrently for all these
actions on the date of the first of these actions.
   (c) Any consumer credit reporting agency that furnishes a
consumer credit report containing information regarding any case
involving a consumer arising under the bankruptcy provisions of
Title 11 of the United States Code shall include an
identification of the chapter of Title 11 of the United States
Code under which the case arose if that can be ascertained from
what was provided to the consumer credit reporting agency by the
source of the information.
   (d) A consumer credit report shall not include any adverse
information concerning a consumer antedating the report by more
than 10 years or that otherwise is prohibited from being
included in a consumer credit report.
   (e) If a consumer credit reporting agency is notified by a
furnisher of credit information that an open-end credit account
of the consumer has been closed by the consumer, any consumer
credit report thereafter issued by the consumer credit reporting
agency with respect to that consumer, and that includes
information respecting that account, shall indicate the fact
that the consumer has closed the account.  For purposes of this
subdivision, "open-end credit account" does not include any
demand deposit account, such as a checking account, money market
account, or share draft account.
   (f) Consumer credit reporting agencies shall not include
medical information in their files on consumers or furnish
medical information for employment or credit purposes in a
consumer credit report without the consent of the consumer.
   (g) A consumer credit reporting agency shall include in any
consumer credit report information, if any, on the failure of
the consumer to pay overdue child or spousal support, where the
information either was provided to the consumer credit reporting
agency pursuant to Section 4752 or has been provided to the
consumer credit reporting agency and verified by another
federal, state, or local governmental agency.
  SEC. 13. Section 1950.5 of the Civil Code is amended to read:

   1950.5.  (a) This section applies to security for a rental
agreement for residential property that is used as the dwelling
of the tenant.
   (b) As used in this section, "security" means any payment,
fee, deposit or charge, including, but not limited to, an
advance payment of rent, used or to be used for any purpose,
including, but not limited to, any of the following:
   (1) The compensation of a landlord for a tenant's default in
the payment of rent.
   (2) The repair of damages to the premises, exclusive of
ordinary wear and tear, caused by the tenant or by a guest or
licensee of the tenant.
   (3) The cleaning of the premises upon termination of the
tenancy.
   (4) To remedy future defaults by the tenant in any obligation
under the rental agreement to restore, replace, or return
personal property or appurtenances, exclusive of ordinary wear
and tear, if the security deposit is authorized to be applied
thereto by the rental agreement.
   (c) A landlord may not demand or receive security, however
denominated, in an amount or value in excess of an amount equal
to two months' rent, in the case of unfurnished residential
property, and an amount equal to three months' rent, in the case
of furnished residential property, in addition to any rent for
the first month paid on or before initial occupancy.
   This subdivision does not prohibit an advance payment of not
less than six months' rent where the term of the lease is six
months or longer.
   This subdivision does not preclude a landlord and a tenant
from entering into a mutual agreement for the landlord, at the
request of the tenant and for a specified fee or charge, to make
structural, decorative, furnishing, or other similar
alterations, if the alterations are other than cleaning or
repairing for which the landlord may charge the previous tenant
as provided by subdivision (e).
   (d) Any security shall be held by the landlord for the tenant
who is party to the lease or agreement.  The claim of a tenant
to the security shall be prior to the claim of any creditor of
the landlord.
   (e) The landlord may claim of the security only those amounts
as are reasonably necessary for the purposes specified in
subdivision (b).  The landlord may not assert a claim against
the tenant or the security for damages to the premises or any
defective conditions that preexisted the tenancy, for ordinary
wear and tear or the effects thereof, whether the wear and tear
preexisted the tenancy or occurred during the tenancy, or for
the cumulative effects of ordinary wear and tear occurring
during any one or more tenancies.
   (f) Within three weeks after the tenant has vacated the
premises, the landlord shall furnish the tenant, by personal
delivery or by first-class mail, postage prepaid, a copy of an
itemized statement indicating the basis for, and the amount of,
any security received and the disposition of the security and
shall return any remaining portion of the security to the
tenant.
   (g) Upon termination of the landlord's interest in the
dwelling unit in question, whether by sale, assignment, death,
appointment of receiver or otherwise, the landlord or the
landlord's agent shall, within a reasonable time, do one of the
following acts, either of which shall relieve the landlord of
further liability with respect to the security held:
   (1) Transfer the portion of the security remaining after any
lawful deductions made under subdivision (e) to the landlord's
successor in interest.  The landlord shall thereafter notify the
tenant by personal delivery or by first-class mail, postage
prepaid, of the transfer, of any claims made against the
security, of the amount of the security deposited, and of the
names of the successors in interest, their address, and their
telephone number.  If the notice to the tenant is made by
personal delivery, the tenant shall acknowledge receipt of the
notice and sign his or her name on the landlord's copy of the
notice.
   (2) Return the portion of the security remaining after any
lawful deductions made under subdivision (e) to the tenant,
together with an accounting as provided in subdivision (f).
   (h) Prior to the voluntary transfer of a landlord's interest
in a dwelling unit, the landlord shall deliver to the landlord's
successor in interest a written statement indicating the
following:
   (1) The security remaining after any lawful deductions are
made.
   (2) An itemization of any lawful deductions from any security
received.
   (3) His or her election under paragraph (1) or (2) of
subdivision (g).
   Nothing in this subdivision shall affect the validity of
title to the real property transferred in violation of the
provisions of this subdivision.
   (i) In the event of noncompliance with subdivision (g), the
landlord's successors in interest shall be jointly and severally
liable with the landlord for repayment of the security, or that
portion thereof to which the tenant is entitled, when and as
provided in subdivisions (e) and (f).  A successor in interest
of a landlord may not require the tenant to post any security to
replace that amount not transferred to the tenant or successors
in interest as provided in subdivision (g), unless and until
the successor in interest first makes restitution of the initial
security as provided in paragraph (2) of subdivision (g) or
provides the tenant with an accounting as provided in
subdivision (f).
   Nothing in this subdivision shall preclude a successor in
interest from recovering from the tenant compensatory damages
that are in excess of the security received from the landlord
previously paid by the tenant to the landlord.
   Notwithstanding the provisions of this subdivision, if, upon
inquiry and reasonable investigation, a landlord's successor in
interest has a good faith belief that the lawfully remaining
security deposit is transferred to him or her or returned to the
tenant pursuant to subdivision (g), he or she shall not be
liable for damages as provided in subdivision (k), or any
security not transferred pursuant to subdivision (g).
   (j) Upon receipt of any portion of the security under
paragraph (1) of subdivision (g), the landlord's successors in
interest shall have all of the rights and obligations of a
landlord holding the security with respect to the security.
   (k) The bad faith claim or retention by a landlord or the
landlord's successors in interest of the security or any portion
thereof in violation of this section, or the bad faith demand
of replacement security in violation of subdivision (i), may
subject the landlord or the landlord's successors in interest to
statutory damages of up to six hundred dollars ($600), in
addition to actual damages.  The court may award damages for bad
faith whenever the facts warrant such an award, regardless of
whether the injured party has specifically requested relief.  In
any action under this section, the landlord or the landlord's
successors in interest shall have the burden of proof as to the
reasonableness of the amounts claimed or the authority pursuant
to this section to demand additional security deposits.
   (l) No lease or rental agreement shall contain any provision
characterizing any security as "nonrefundable."
   (m) Any action under this section may be maintained in small
claims court if the damages claimed, whether actual or statutory
or both, are within the jurisdictional amount allowed by
Section 116.220 of the Code of Civil Procedure.
   (n) Proof of the existence of and the amount of a security
deposit may be established by any credible evidence, including,
but not limited to, a canceled check, a receipt, a lease
indicating the requirement of a deposit as well as the amount,
prior consistent statements or actions of the landlord or
tenant, or a statement under penalty of perjury that satisfies
the credibility requirements set forth in Section 780 of the
Evidence Code.
   (o) The amendments to this section made during the 1985
portion of the 1985-86 Regular Session of the Legislature that
are set forth in subdivision (e) are declaratory of existing
law.
  SEC. 14. Section 2982 of the Civil Code is amended to read:
   2982.  Every conditional sale contract subject to this
chapter shall contain the disclosures required by Regulation Z
whether or not Regulation Z applies to the transaction.  In
addition, to the extent applicable, the contract shall contain
the other disclosures and notices required by, and shall satisfy
the requirements and limitations of, this section.  The
disclosures required by subdivision (a) may be itemized or
subtotaled to a greater extent than as required by that
subdivision and shall be made together and in the sequence set
forth in that subdivision.  All other disclosures and notices
may appear in the contract in any location or sequence and may
be combined or interspersed with other provisions of the
contract.
   (a) The contract shall contain the following disclosures, as
applicable, which shall be labeled "itemization of the amount
financed":
   (1) (A) The cash price, exclusive of document preparation
fees, taxes imposed on the sale, pollution control certification
fees, and the amount charged for a service contract.
   (B) The fee to be retained by the seller for document
preparation.
   (C) The fee charged by the seller for certifying that the
motor vehicle complies with applicable pollution control
requirements.
   (D) Taxes imposed on the sale.
   (E) The amount charged for a service contract.
   (F) The total cash price, which is the sum of subparagraphs
(A) to (E), inclusive.
   (2) An itemization of the amounts to be paid to any public
officer for license, certificate of title, motor vehicle smog
impact fee, and registration.
   (3) The aggregate amount of premiums agreed, upon execution
of the contract, to be paid for policies of insurance included
in the contract, excluding the amount of any insurance premium
included in the finance charge.
   (4) The amount of the state fee for issuance of a certificate
of compliance, noncompliance, or waiver pursuant to any
applicable pollution control statute.
   (5) A subtotal representing the sum of the foregoing items.
   (6) The amount of the buyer's downpayment itemized to show
the following:
   (A) The net agreed value of the property being traded in.
   (B) The amount of any portion of the downpayment to be
deferred until not later than the due date of the second
regularly scheduled installment under the contract and which is
not subject to a finance charge.
   (C) The amount of any manufacturer's rebate applied or to be
applied to the downpayment.
   (D) The remaining amount paid or to be paid by the buyer as a
downpayment.
   (7) The amount of any administrative finance charge, labeled
"prepaid finance charge."
   (8) The difference between item (5) and the sum of items (6)
and (7), labeled "amount financed."
   (b) No particular terminology is required to disclose the
items set forth in subdivision (a) except as expressly provided
in that subdivision.
   (c) If payment of all or a portion of the downpayment is to
be deferred, the deferred payment shall be reflected in the
payment schedule disclosed pursuant to Regulation Z.
   (d) If the downpayment includes property being traded in, the
contract shall contain a brief description of that property.
   (e) The contract shall contain the names and addresses of all
persons to whom the notice required under Section 2983.2 and
permitted under Sections 2983.5 and 2984 is to be sent.
   (f) (1) Where the contract includes a finance charge
determined on the precomputed basis, the contract shall identify
the method of computing the unearned portion of the finance
charge in the event of prepayment in full of the buyer's
obligation and contain a statement of the amount or method of
computation of any charge that may be deducted from the amount
of any unearned finance charge in computing the amount that will
be credited to the obligation or refunded to the buyer.  The
method of computing the unearned portion of the finance charge
shall be sufficiently identified with a reference to the
actuarial method if the computation will be under that method.
The method of computing the unearned portion of the finance
charge shall be sufficiently identified with a reference to the
Rule of 78's, the sum of the digits, or the sum of the periodic
time balances method in all other cases, and those references
shall be deemed to be equivalent for disclosure purposes.
   (2) Where the contract includes a finance charge that is
determined on the simple-interest basis but provides for a
minimum finance charge in the event of prepayment in full, the
contract shall contain a statement of that fact and the amount
of the minimum finance charge or its method of calculation.
   (g) (1) Where the contract includes a finance charge that is
determined on the precomputed basis and provides that the
unearned portion of the finance charge to be refunded upon full
prepayment of the contract is to be determined by a method other
than actuarial, the contract shall contain a notice, in at
least 10-point boldface type if the contract is printed, reading
as follows:  "Notice to buyer:  (1) Do not sign this agreement
before you read it or if it contains any blank spaces to be
filled in.  (2) You are entitled to a completely filled-in copy
of this agreement.  (3) You can prepay the full amount due under
this agreement at any time and obtain a partial refund of the
finance charge if it is one dollar ($1) or more.  Because of the
way the amount of this refund will be figured, the time when
you prepay could increase the ultimate cost of credit under this
agreement.  (4) If you default in the performance of your
obligations under this agreement, the vehicle may be repossessed
and you may be subject to suit and liability for the unpaid
indebtedness evidenced by this agreement."
   (2) Where the contract includes a finance charge that is
determined on the precomputed basis and provides for the
actuarial method for computing the unearned portion of the
finance charge upon prepayment in full, the contract shall
contain a notice, in at least 10-point boldface type if the
contract is printed, reading as follows:  "Notice to buyer:  (1)
Do not sign this agreement before you read it or if it contains
any  blank spaces to be filled in.  (2) You are entitled to a
completely filled-in copy of this agreement.  (3) You can prepay
the full amount due under this agreement at any time and obtain
a partial refund of the finance charge if it is one dollar ($1)
or more.  (4) If you default in the performance of your
obligations under this agreement, the vehicle may be repossessed
and you may be subject to suit and liability for the unpaid
indebtedness evidenced by this agreement."
   (3) Where the contract includes a finance charge that is
determined on the simple-interest basis, the contract shall
contain a notice, in at least 10-point boldface type if the
contract is printed, reading as follows:  "Notice to buyer: (1)
Do not sign this agreement  before you read it or if it contains
any blank spaces to be filled in.  (2) You are entitled to a
completely filled-in copy of this agreement. (3) You can prepay
the full amount due under this agreement at any time.  (4) If
you default in the
     performance of your obligations under this agreement, the
vehicle may be repossessed and you may be subject to suit and
liability for the unpaid indebtedness evidenced by this
agreement."
   (h) The contract shall contain a notice in at least 8-point
boldface type, acknowledged by the buyer, that reads as follows:

   "If you have a complaint concerning this sale, you should try
to resolve it with the seller.
   Complaints concerning unfair or deceptive practices or
methods by the seller may be referred to the city attorney, the
district attorney, or the Department of Motor Vehicles, Division
of  Investigations and Occupational Licensing, P.O. Box 93289,
Sacramento, California 94232-3890, or any combination thereof.
   After this contract is signed, the seller may not change the
financing or payment terms unless you agree in writing to the
change.  You do not have to agree to any change, and it is an
unfair or deceptive practice for the seller to make a unilateral
change.
          _____________________________
               Buyer's Signature"

   (i) (1) The contract shall contain an itemization of any
insurance included as part of the amount financed disclosed
pursuant to paragraph (3) of subdivision (a) and of any
insurance included as part of the finance charge.  The
itemization shall identify the type of insurance coverage and
the premium charged therefor, and, if the insurance expires
before the date of the last scheduled installment included in
the repayment schedule, the term of the insurance shall be
stated.
   (2) If any charge for insurance (other than for credit life
or disability) is included in the contract balance and
disbursement of any part thereof is to be made more than one
year after the date of the conditional sale contract, any
finance charge on the amount to be disbursed after one year
shall be computed from the month the disbursement is to be made
to the due date of the last installment under the conditional
sale contract.
   (j) (1) The dollar amount of the disclosed finance charge
shall not exceed the greater of:
   (A) (i) One and one-half percent on so much of the unpaid
balance as does not exceed two hundred twenty-five dollars
($225), 11/6 percent on so much of the unpaid balance in excess
of two hundred twenty-five dollars ($225) as does not exceed
nine hundred dollars ($900), 5/6 of 1 percent on so much of the
unpaid balance in excess of nine hundred dollars ($900) as does
not exceed one thousand six hundred fifty dollars ($1,650), and
13/24 of 1 percent on that portion of the unpaid balance that
exceeds one thousand six hundred fifty dollars ($1,650); or
   (ii) One percent of the entire unpaid balance; multiplied in
either case by the number of months (computed on the basis of a
full month for any fractional month period in excess of 15 days)
elapsing between the date of the contract and the due date of
the last installment; or
   (B) If the finance charge is determined by the precomputed
basis, twenty-five dollars ($25); or
   (C) If the finance charge or a portion thereof is determined
by the simple-interest basis:
   (i) Twenty-five dollars ($25) if the unpaid balance does not
exceed one thousand dollars ($1,000), (ii) fifty dollars ($50)
if the unpaid balance exceeds one thousand dollars ($1,000) but
does not exceed two thousand dollars ($2,000), or (iii)
seventy-five dollars ($75) if the unpaid balance exceeds two
thousand dollars ($2,000).
   (2) The holder of the contract shall not charge, collect, or
receive a finance charge that exceeds the disclosed finance
charge, except to the extent (A) caused by the holder's receipt
of one or more payments under a contract that provides for
determination of the finance charge or a portion thereof on the
365-day basis at a time or times other than as originally
scheduled whether or not the parties enter into an agreement
pursuant to Section 2982.3, (B) permitted by paragraph (2), (3),
or (4) of subdivision (c) of Section 226.17 of Regulation Z, or
(C) permitted by subdivisions (a) and (c) of Section 2982.8.
   (3) If the finance charge or a portion thereof is determined
by the simple-interest basis and the amount of the unpaid
balance exceeds five thousand dollars ($5,000), the holder of
the contract may, in lieu of its right to a minimum finance
charge under subparagraph (C) of paragraph (1), charge, receive,
or collect on the date of the contract an administrative
finance charge not to exceed seventy-five dollars ($75),
provided that the sum of the administrative finance charge and
the portion of the finance charge determined by the
simple-interest basis shall not exceed the maximum total finance
charge permitted by subparagraph (A) of paragraph (1).  Any
administrative finance charge that is charged, received, or
collected by a holder shall be deemed a finance charge earned on
the date of the contract.
   (4) When a contract provides for unequal or irregular
payments, or payments on other than a monthly basis, the maximum
finance charge shall be at the effective rate provided for in
paragraph (1), having due regard for the schedule of
installments.
   (k) The contract may provide that, for each installment in
default for a period of not less than 10 days, the buyer shall
pay a delinquency charge in an amount not to exceed in the
aggregate 5 percent of the delinquent installment, which amount
may be collected only once on any installment regardless of the
period during which it remains in default.  Payments timely
received by the seller under an extension or deferral agreement
shall not be subject to a delinquency charge unless the charge
is permitted by Section 2982.3.  The contract may provide for
reasonable collection costs and fees in the event of
delinquency.
   (l) Notwithstanding any provision of a contract to the
contrary, the buyer may pay at any time before maturity the
entire indebtedness evidenced by the contract without penalty.
In the event of prepayment in full:
   (1) If the finance charge was determined on the precomputed
basis, the amount required to prepay the contract shall be the
outstanding contract balance as of that date, provided, however,
that the buyer shall be entitled to a refund credit in the
amount of the unearned portion of the finance charge, except as
provided in paragraphs (3) and (4).  The amount of the unearned
portion of the finance charge shall be at least as great a
proportion of the finance charge, including any additional
finance charge imposed pursuant to Section 2982.8 or other
additional charge imposed because the contract has been
extended, deferred, or refinanced, as the sum of the periodic
monthly time balances payable more than 15 days after the date
of prepayment bears to the sum of all the periodic monthly time
balances under the schedule of installments in the contract or,
if the contract has been extended, deferred, or refinanced, as
so extended, deferred, or refinanced.  Where the amount of the
refund credit is less than one dollar ($1), no refund credit
need be made by the holder.  Any refund credit may be made in
cash or credited to the outstanding obligations of the buyer
under the contract.
   (2) If the finance charge or a portion thereof was determined
on the simple-interest basis, the amount required to prepay the
contract shall be the outstanding contract balance as of that
date, including any earned finance charges that are unpaid as of
that date and, if applicable, the amount provided in paragraph
(3), and provided further that in cases where a finance charge
is determined on the 360-day basis, the payments theretofore
received will be assumed to have been received on their
respective due dates regardless of the actual dates on which the
payments were received.
   (3) Where the minimum finance charge provided by subparagraph
(B) or subparagraph (C) of paragraph (1) of subdivision (j), if
either is applicable, is greater than the earned finance charge
as of the date of prepayment, the holder additionally shall be
entitled to the difference.
   (4) This subdivision shall not impair the right of the seller
or the seller's assignee to receive delinquency charges on
delinquent installments and reasonable costs and fees as
provided in subdivision (k) or extension or deferral agreement
charges as provided in Section 2982.3.
   (5) Notwithstanding any provision of a contract to the
contrary, whenever the indebtedness created by any contract is
satisfied prior to its maturity through surrender of the motor
vehicle, repossession of the motor vehicle, redemption of the
motor vehicle after repossession, or any judgment, the
outstanding obligation of the buyer shall be determined as
provided in paragraph (1) or (2); provided further that the
buyer's outstanding obligation shall be computed by the holder
as of the date the holder recovers the value of the motor
vehicle through disposition thereof or judgment is entered or,
if the holder elects to keep the motor vehicle in satisfaction
of the buyer's indebtedness, as of the date the holder takes
possession of the motor vehicle.
   (m) Notwithstanding any other provision of this chapter to
the contrary, any information required to be disclosed in a
conditional sale contract under this chapter may be disclosed in
any manner, method, or terminology required or permitted under
Regulation Z, as in effect at the time that disclosure is made,
except that permitted by paragraph (2) of subdivision (c) of
Section 226.18 of Regulation Z, provided that all of the
requirements and limitations set forth in subdivision (a) of
this section are satisfied.  Nothing in this chapter prohibits
the disclosure in that contract of additional information
required or permitted under Regulation Z, as in effect at the
time that disclosure is made.
   (n) If the seller imposes a fee for document preparation, the
contract shall contain a disclosure that the fee is not a
governmental fee.
   (o) No seller may impose an application fee for a transaction
governed by this chapter.
   (p) The seller or holder may charge and collect a fee not to
exceed fifteen dollars ($15) for the return by a depository
institution of a dishonored check, negotiated order of
withdrawal, or share draft issued in connection with the
contract, if the contract so provides or if the contract
contains a generalized statement that the buyer may be liable
for collection costs incurred in connection with the contract.
   (q) The contract shall disclose on its face, by printing the
word "new" or "used" within a box outlined in red, that is not
smaller than one-half inch high and one-half inch wide, whether
the vehicle is sold as a new vehicle, as defined in Section 430
of the Vehicle Code, or a used vehicle, as defined in Section
665 of the Vehicle Code.
   (r) The contract shall contain a notice with a heading in at
least 12-point boldface type and the text in at least 10-point
boldface type, circumscribed by a line, immediately above the
contract signature line, that reads as follows:
_________________________________________________________________
___
:
  :
:             THERE IS NO COOLING OFF PERIOD
  :
:
  :
:         California law does not provide for a "cooling off"
   :
:  or other cancellation period for vehicle sales.  Therefore,
  :
:  you cannot later cancel this contract simply because you
  :
:  change your mind, decide the vehicle costs too much, or wish
  :
:  you had acquired a different vehicle.  After you sign below,
  :
:  you may only cancel this contract with the agreement of the
  :
:  seller or for legal cause, such as fraud.
  :
:
  :
-----------------------------------------------------------------
---

  SEC. 15. Section 2984.3 of the Civil Code is amended to read:

   2984.3.  Any acknowledgment by the buyer of delivery of a
copy of a conditional sale contract or purchase order and any
vehicle purchase proposal and any credit statement that the
seller has required or requested the buyer to sign, and that he
or she has signed, during the contract negotiations, shall be
printed or written in size equal to at least 10-point boldface
type and, if contained in the contract, shall appear directly
above the space reserved for the buyer's signature or adjacent
to any other notices required by law to be placed immediately
above the signature space.  The buyer's written acknowledgment,
conforming to the requirements of this section, of delivery of a
completely filled-in copy of the contract, and a copy of the
other documents shall be a rebuttable presumption of delivery in
any action or proceeding by or against a third party without
knowledge to the contrary when he or she acquired his or her
interest in the contract.  If the third party furnishes the
buyer a copy of the documents, or a notice containing the
disclosures identified in subdivision (a) of Section 2982, and
stating that the buyer shall notify the third party in writing
within 30 days if a copy of the documents was not furnished, and
that notification is not given, it shall be conclusively
presumed in favor of the third party that copies of the
documents were furnished as required by this chapter.
  SEC. 16. Section 2986.2 of the Civil Code is amended to read:

   2986.2.  Every lease contract shall contain, in at least
eight-point boldface type, above the space provided for the
lessee's signature and circumscribed by a line, the following
warnings which shall be signed or initialed by the lessee:
       (a)  "Notice to the lessee:  (1) Do not sign this
agreement
     before you read it or if it contains any blank spaces to be

     filled in;  (2) You are entitled to a completely filled in
     copy of this agreement;  (3) If you default in the
performance
     of your obligations under this agreement, the vehicle may
be
     repossessed and you may be subject to suit and liability
for
     the unpaid indebtedness evidenced by this agreement."
       "s/s ________________."
                 lessee
       (b)  "Warning--Unless a charge is included in this
agreement
     for public liability or property damage insurance, payment
for
     that coverage is not provided by this agreement."
       "s/s ________________."
                 lessee
       (c)  "Lessee has the right to return the vehicle, and
receive
     a refund of any payments made if the credit application is
not
     approved, unless nonapproval results from an incomplete
appli-
     cation or from incorrect information provided by the
lessee."
       "s/s ________________."
                 lessee
       (d)  "California law does not provide for a
     "cooling off" or other cancellation period for vehicle
leases.
     Therefore, you cannot later cancel this lease simply
because you
     change your mind, decide the vehicle costs too much, or
wish you
     had acquired a different vehicle.  You may cancel this
lease
     only with the agreement of the lessor or for legal cause,
such as
     fraud."
       "s/s _______________."
                 lessee

  SEC. 17. Section 3482.6 of the Civil Code is amended to read:

   3482.6.  (a) No agricultural processing activity, operation,
facility, or appurtenances thereof, conducted or maintained for
commercial purposes, and in a manner consistent with proper and
accepted customs and standards, shall be or become a nuisance,
private or public, due to any changed condition in or about the
locality, after the same has been in continuous operation for
more than three years if it was not a nuisance at the time it
begins.
   (b) If an agricultural processing activity, operation,
facility, or appurtenances thereof substantially increases its
activities or operations after January 1, 1993, then a public or
private nuisance action may be brought with respect to those
increases in activities or operations that have a significant
effect on the environment.  For increases in activities or
operations that have been in effect more than three years, there
shall be a rebuttable presumption affecting the burden of
producing evidence that the increase was not substantial.
   (c) This section shall not supersede any other provision of
law, except other provisions of this part, if the agricultural
processing activity, operation, facility, or appurtenances
thereof, constitute a nuisance, public or private, as
specifically defined or described in the provision.
   (d) This section shall prevail over any contrary provision of
any ordinance or regulation of any city, county, city and
county, or other political subdivision of the state, except
regulations adopted pursuant to Section 41700 of the Health and
Safety Code as applied to agricultural processing activities,
operations, facilities, or appurtenances thereof that are
surrounded by housing or commercial development on the effective
date of this section.  However, nothing in this section shall
preclude a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows notification
to a prospective homeowner that the dwelling is in close
proximity to an agricultural processing activity, operation,
facility, or appurtenances thereof and is subject to provisions
of this section consistent with Section 1102.6a.
   (e) For purposes of this section:
   (1) "Agricultural processing activity, operation, facility,
or appurtenances thereof" includes, but is not limited to, the
canning or freezing of agricultural products, the processing of
dairy products, the production and bottling of beer and wine,
the processing of meat and egg products, the drying of fruits
and grains, the packing and cooling of fruits and vegetables,
and the storage or warehousing of any agricultural products, and
includes processing for wholesale or retail markets of
agricultural products.
   (2) "Continuous operation" means at least 30 days of
agricultural processing operations per year.
   (3) "Proper and accepted customs and standards" means the
compliance with all applicable state and federal statutes and
regulations governing the operation of the agricultural
processing activity, operation, facility, or appurtenances
thereof with respect to the condition or effect alleged to be a
nuisance.
   (f) This section shall not apply to any litigation pending or
cause of action accruing prior to January 1, 1993.
  SEC. 18. Section 4722.5 of the Civil Code is repealed.
  SEC. 19. Section 383 of the Code of Civil Procedure is amended
and renumbered to read:
   384.  (a) It is the intent of the Legislature in enacting
this section to ensure that the unpaid residuals in class action
litigation are distributed, to the extent possible, in a manner
designed either to further the purposes of the underlying
causes of action, or to promote justice for all Californians.
The Legislature finds that the use of funds collected by the
State Bar pursuant to this section for these purposes is in the
public interest, is a proper use of the funds, and is consistent
with essential public and governmental purposes.
   (b) Prior to the entry of any judgment in a class action
established pursuant to Section 382, the court shall determine
the total amount that will be payable to all class members, if
all class members are paid the amount to which they are entitled
pursuant to the judgment.  The court shall also set a date when
the parties shall report to the court the total amount that was
actually paid to the class members.  After the report is
received, the court shall amend the judgment to direct the
defendant to pay the sum of the unpaid residue, plus interest on
that sum at the legal rate of interest from the date of entry
of the initial judgment, in any manner the court determines is
consistent with the objectives and purposes of the underlying
cause of action, including to child advocacy programs and to the
California Legal Corps, as established pursuant to Section 6034
of the Business and Professions Code.  The court shall ensure
that notice is given to the State Bar of California of any such
order.
   (c) Nothing in this section shall create an obligation or
pledge of the credit of the State Bar of California.  Neither
the State Bar nor its officers and employees are liable for
damage or injury arising out of any act or omission in the
implementation or administration of this section.
  SEC. 20. Section 405.21 of the Code of Civil Procedure is
amended to read:
   405.21.  An attorney of record in an action may sign a notice
of pendency of action.  Alternatively, a judge of the court in
which an action that includes a real property claim is pending
may, upon request of a party thereto, approve a notice of
pendency of action.  A notice of pendency of action shall not be
recorded unless (a) it has been signed by the attorney of
record, (b) it is signed by a party acting in propria persona
and approved by a judge as provided in this section, or (c) the
action is subject to Section 405.6.
  SEC. 21. The heading of Article 3 (commencing with Section
405.30) of Chapter 2 of Title 4.5 of Part 2 of the Code of Civil
Procedure is amended and renumbered to read:

      CHAPTER 3.  EXPUNGEMENT AND OTHER RELIEF

  SEC. 22. The heading of Article 4 (commencing with Section
405.50) of Chapter 2 of Title 4.5 of Part 2 of the Code of Civil
Procedure is amended and renumbered to read:

      CHAPTER 4.  WITHDRAWAL

  SEC. 23. The heading of Article 5 (commencing with Section
405.60) of Chapter 2 of Title 4.5 of Part 2 of the Code of Civil
Procedure is amended and renumbered to read:

      CHAPTER 5.  EFFECT OF WITHDRAWAL OR EXPUNGEMENT OF NOTICE

  SEC. 24. Section 472b of the Code of Civil Procedure is
amended to read:
   472b.  When a demurrer to any pleading is sustained or
overruled, and time to amend or answer is given, the time so
given runs from the service of notice of the decision or order,
unless that notice is waived in open court and the waiver is
entered in the minutes or docket.
  SEC. 25. Section 695.220 of the Code of Civil Procedure is
amended to read:
   695.220.  (a) Money received in satisfaction of a money
judgment, except a money judgment for child support, is to be
credited as follows:
   (1) The money is first to be credited against the amounts
described in subdivision (b) of Section 685.050 that are
collected by the levying officer.
   (2) Any remaining money is next to be credited against any
fee due the court pursuant to Section 6103.5 or 68511.3 of the
Government Code, which money is to be remitted to the court by
the levying officer.
   (3) Any remaining money is next to be credited against the
accrued interest that remains unsatisfied.
   (4) Any remaining money is to be credited against the
principal amount of the judgment remaining unsatisfied.  If the
judgment is payable in installments, the remaining money is to
be credited against the matured installments in the order in
which they matured.
   (b) Satisfaction of a money judgment for child support is to
be credited as follows:
   (1) The money is first to be credited against the current
month's support.
   (2) Any remaining money is next to be credited against the
accrued interest that remains unsatisfied.
   (3) Any remaining money is to be credited against the
principal amount of the judgment remaining unsatisfied.
   (4) Notwithstanding the above, a collection received as a
result of a tax refund offset is first to be credited against
past due support assigned to the state prior to satisfaction
pursuant to paragraphs (1), (2), and (3).
  SEC. 26. Title 1 (commencing with Section 1823) of Part 3.5 of
the Code of Civil Procedure is repealed.
  SEC. 27. Section 1981 of the Education Code is amended to
read:
   1981.  The county board of education may enroll in community
schools any of the following:
   (a) Pupils who have been expelled from a school district,
except those pupils who are expelled pursuant to subdivision (a)
of Section 48915 under one or both of the following
circumstances:
   (1) While attending continuation classes, opportunity
classes, or alternative classes.
   (2) On one or more of the grounds set forth in subdivisions
(a) to (e), inclusive, of Section 48900.
   (b) Pupils who have been referred to county community schools
by a school district as a result of the recommendation by a
school attendance review board or pupils whose school districts
of attendance have, at the request of the pupil's parent or
guardian, approved the pupil's enrollment in a county community
school.
   (c) Pupils who are probation-referred pursuant to Sections
300, 601, 602, and 654 of the Welfare and Institutions Code,
pupils who are on probation or parole and who are not in
attendance in any school, or pupils who are expelled pursuant to
subdivision (a) or (b) of Section 48915.
   (d) Homeless children.
  SEC. 28. Section 41305 of the Education Code is amended to
read:
   41305.  The amounts provided under Section 41304 for any
fiscal year shall be limited to the amounts appropriated in the
annual Budget Act for the purposes of that section, and shall
not exceed an amount equal to the sum of the moneys credited to
the Driver Training Penalty Assessment Fund in the State
Treasury during the preceding fiscal year and the amount by
which the deposits in the Driver Training Penalty Assessment
Fund on or after September 15, 1961, have exceeded the amounts
required to reimburse the General Fund on account of transfers
made after that date.
  SEC. 29. Section 42238 of the Education Code is amended to
read:
   42238.  (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine
a revenue limit for each school district in the county pursuant
to this section.
   (b) The base revenue limit for the current fiscal year shall
be determined by adding to the base revenue limit for the prior
fiscal year the following amounts:
   (1) The inflation adjustment specified in Section 42238.1.
   (2) For the 1985-86 and 1986-87 fiscal years only, the
equalization adjustment specified in Section 42238.4.
   (3) For the 1985-86 fiscal year, the amount received per unit
of average daily attendance in the 1984-85 fiscal year pursuant
to Section 42238.7.
   (4) For the 1985-86, 1986-87, and 1987-88 fiscal years, the
amount per unit of average daily attendance received in the
prior fiscal year pursuant to Section 42238.8.
               (c) Except for districts subject to subdivision
(d), the base revenue limit computed pursuant to subdivision (b)
shall be multiplied by the district average daily attendance
computed pursuant to Section 42238.5.
   (d) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is
greater for the current fiscal year than for the 1982-83 fiscal
year, compute the following amount, in lieu of the amount
computed pursuant to subdivision (c):
   (1) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed
pursuant to Section 42238.5 for the 1982-83 fiscal year.
   (2) Multiply the lesser of the amount in subdivision (c) or
1.05 times the statewide average base revenue limit per unit of
average daily attendance for districts of similar type for the
current fiscal year by the difference between the average daily
attendance computed pursuant to Section 42238.5 for the current
and 1982-83 fiscal years.
   (3) Add the amounts in paragraphs (1) and (2).
   (e) The base revenue limit per unit of average daily
attendance shall be the lesser of the following amounts:
   (1) The amount determined in subdivision (b).
   (2) The amount computed pursuant to Section 42238 for the
prior fiscal year divided by the prior fiscal year revenue limit
average daily attendance times the sum of 1.0 and twice the
percentage increase in revenue limits computed pursuant to
Section 42238.1 for the current fiscal year.
   (f) For districts electing to compute units of average daily
attendance pursuant to paragraph (3) of subdivision (a) of
Section 42238.5, the amount computed pursuant to Article 4
(commencing with Section 42280) shall be added to the amount
computed in subdivision (c) or (d), as appropriate.
   (g) For the 1984-85 fiscal year only, the county
superintendent shall reduce the total revenue limit computed in
this section by the amount of the decreased employer
contributions to the Public Employees' Retirement System
resulting from enactment of Chapter 330 of the Statutes of 1982,
offset by any increase in those contributions, as of the
1983-84 fiscal year, resulting from subsequent changes in
employer contribution rates.
   The reduction shall be calculated as follows:
   (1) Determine the amount of employer contributions that would
have been made in the 1983-84 fiscal year if the applicable
Public Employees' Retirement System employer contribution rate
in effect immediately prior to the enactment of Chapter 330 of
the Statutes of 1982 were in effect during the 1983-84 fiscal
year.
   (2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
   (A) The amount of employer contributions that would have been
made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in
effect immediately after the enactment of Chapter 330 of the
Statutes of 1982 were in effect during the 1983-84 fiscal year.

   (B) The actual amount of employer contributions made to the
Public Employees' Retirement System in the 1983-84 fiscal year.

   (3) For purposes of this subdivision, employer contributions
to the Public Employees' Retirement System for any of the
following shall be excluded from the calculation specified
above:
   (A) Positions supported totally by federal funds that were
subject to supplanting restrictions.
   (B) Positions supported by funds received pursuant to Section
42243.6.
   (C) Positions supported, to the extent of employer
contributions not exceeding twenty-five thousand dollars
($25,000) by any single educational agency, from a revenue
source determined on the basis of equity to be properly
excludable from the provisions of this subdivision by the
Superintendent of Public Instruction with the approval of the
Director of Finance.
   (4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent of Public
Instruction.
   (h) The Superintendent of Public Instruction shall apportion
to each school district the amount determined in this section
less the sum of:
   (1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing
with Section 95) of Part 0.5 of the Revenue and Taxation Code.

   (2) The amount, if any, received pursuant to Part 18.5
(commencing with Section 38101) of the Revenue and Taxation
Code.
   (3) The amount, if any, received pursuant to Chapter 3
(commencing with Section 16140) of the Government Code.
   (4) Prior years taxes and taxes on the unsecured roll.
   (5) Fifty percent of the amount received pursuant to Section
41603.
   (6) The amount, if any, received pursuant to any provision of
the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code),
except for any amount received pursuant to Section 33401 or
33676 of the Health and Safety Code that is used for land
acquisition, facility construction, reconstruction, or
remodeling, or deferred maintenance, except for any amount
received pursuant to Section 33492.15, 33607.5, or 33607.7 of
the Health and Safety Code that is allocated exclusively for
educational facilities.
   (i) This section shall become operative July 1, 1984.
  SEC. 30. Section 44277 of the Education Code is amended to
read:
   44277.  The Legislature recognizes that effective
professional growth must continue to occur throughout the
careers of all teachers, in order that teachers remain informed
of changes in pedagogy, subject matter, and pupil needs.  In
enacting this section, it is the intent of the Legislature to
establish professional growth requirements that give individual
teachers a wide range of options to pursue as well as
significant roles in determining the course of their
professional growth.
   (a) The minimum requirements for maintaining the validity of
the clear multiple or single subject teaching credential
pursuant to Section 44251 shall be both of the following:
   (1) Successful service as a classroom teacher or successful
service authorized by a services credential.  The minimum length
of service shall be equivalent to one-half of a school year.
   (2) Completion of an individual program of professional
growth as prescribed in this section and by the commission.
   (b) An individual program of professional growth shall
consist of a minimum of 150 clock hours of participation in
activities  that contribute to competence, performance, or
effectiveness in the profession of education.  Acceptable
activities shall be defined by the commission to include, among
other acceptable activities, the completion of courses offered
by regionally accredited colleges and universities;
participation in professional conferences, workshops, teacher
center programs, or staff development programs; service as a
mentor teacher pursuant to Section 44496; participation in
school curriculum development projects; participation in
systematic programs of observation and analysis of teaching;
service in a leadership role in a professional organization; and
participation in educational research or innovation efforts.
Employing agencies and employees' bargaining agents may
negotiate to agree on the terms of programs of professional
growth within their jurisdictions, provided that the agreements
shall be consistent with this section.
   (c) An individual program of professional growth shall be
developed and planned by the holder of a clear teaching
credential.
   (d) Effective January 1, 1991, an individual program of
professional growth may include a basic course in
cardiopulmonary resuscitation, which includes training in the
subdiaphragmatic abdominal thrust (also known as the "Heimlich
maneuver") and meets or exceeds the standards established by the
American Heart Association or the American Red Cross for
courses in that subject.  A teacher's participation in this
training option shall count towards the minimum 150 clock hours
required to satisfy the professional growth requirements.
   (e) Before a holder of a clear teaching credential commences
or amends an individual program of professional growth, a school
principal, a mentor teacher provided for in Section 44496, or
other district designee shall certify to the credentialholder
that the planned program or amendment complies with this section
and with regulations of the commission.
   (f) A clear teaching credential shall be deemed to remain
valid so long as the holder of the credential, at five-year
intervals, submits to the commission verification by a school
principal, a mentor teacher, or other district designee that the
holder has satisfied the minimum requirements specified in
subdivision (a).  In the absence of adequate verification, the
commission shall invalidate the credential.  Verification by a
school principal, a mentor teacher, or other district designee
shall be independent of any evaluation of the performance of the
holder of the clear teaching credential that is conducted for
the purpose of determining the credentialholder's employment
status.  The arbitrary refusal of a school principal, a mentor
teacher, or other district designee to verify completion of an
individual program of professional growth meeting the
requirements of this section and commission regulations shall
constitute grounds for an appeal as prescribed in Section 44278.

  SEC. 31. Section 48911 of the Education Code is amended to
read:
   48911.  (a) The principal of the school, the principal's
designee, or the superintendent of schools may suspend a pupil
from the school for any of the reasons enumerated in Section
48900, and pursuant to Section 48900.5, for no more than five
consecutive schooldays.
   (b) Suspension by the principal, the principal's designee, or
the superintendent of schools shall be preceded by an informal
conference conducted by the principal or the principal's
designee or the superintendent of schools between the pupil and,
whenever practicable, the teacher, supervisor, or school
employee who referred the pupil to the principal, the principal'
s designee, or the superintendent of schools.  At the
conference, the pupil shall be informed of the reason for the
disciplinary action and the evidence against him or her and
shall be given the opportunity to present his or her version and
evidence in his or her defense.
   (c) A principal, the principal's designee, or the
superintendent of schools may suspend a pupil without affording
the pupil an opportunity for a conference only if the principal,
the principal's designee, or the superintendent of schools
determines that an emergency situation exists.  "Emergency
situation," as used in this article, means a situation
determined by the principal, the principal's designee, or the
superintendent of schools to constitute a clear and present
danger to the life, safety, or health of pupils or school
personnel.  If a pupil is suspended without a conference prior
to suspension, both the parent and the pupil shall be notified
of the pupil's right to a conference and the pupil's right to
return to school for the purpose of a conference.  The
conference shall be held within two schooldays, unless the pupil
waives this right or is physically unable to attend for any
reason, including, but not limited to, incarceration or
hospitalization.  The conference shall then be held as soon as
the pupil is physically able to return to school for the
conference.
   (d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in
person or by telephone.  Whenever a pupil is suspended from
school, the parent or guardian shall be notified in writing of
the suspension.
   (e) A school employee shall report the suspension of the
pupil, including the cause therefor, to the governing board of
the school district or to the school district superintendent in
accordance with the regulations of the governing board.
   (f) The parent or guardian of any pupil shall respond without
delay to any request from school officials to attend a
conference regarding his or her child's behavior.
   No penalties may be imposed on a pupil for failure of the
pupil's parent or guardian to attend a conference with school
officials.  Reinstatement of the suspended pupil shall not be
contingent upon attendance by the pupil's parent or guardian at
the conference.
   (g) In a case where expulsion from any school or suspension
for the balance of the semester from continuation school is
being processed by the governing board, the school district
superintendent or other person designated by the superintendent
in writing may extend the suspension until the governing board
has rendered a decision in the action.  However, an extension
may be granted only if the school district superintendent or the
superintendent's designee has determined, following a meeting
in which the pupil and the pupil's parent or guardian are
invited to participate, that the presence of the pupil at the
school or in an alternative school placement would cause a
danger to persons or property or a threat of disrupting the
instructional process.  If the pupil or the pupil's parent or
guardian has requested a meeting to challenge the original
suspension pursuant to Section 48914, the purpose of the meeting
shall be to decide upon the extension of the suspension order
under this section and may be held in conjunction with the
initial meeting on the merits of the suspension.
   (h) Notwithstanding subdivisions (a) and (g), an individual
with exceptional needs may be suspended for up to, but not more
than, 10 consecutive schooldays if he or she poses an immediate
threat to the safety of himself or herself or others.  In the
case of a truly dangerous child, a suspension may exceed 10
consecutive schooldays, or the pupil's placement may be changed,
or both, if either of the following occurs:
   (1) The pupil's parent or guardian agrees.
   (2) A court order so provides.
   (i) For the purposes of this section, a "principal's designee"
is any one or more administrators at the schoolsite
specifically designated by the principal, in writing, to assist
with disciplinary procedures.
   In the event that there is not an administrator in addition
to the principal at the schoolsite, a certificated person at the
schoolsite may be specifically designated by the principal, in
writing, as a "principal's designee," to assist with
disciplinary procedures.  The principal may designate only one
such person at a time as the principal's primary designee for
the school year.
   An additional person meeting the requirements of this
subdivision may be designated by the principal, in writing, to
act for the purposes of this article when both the principal and
the principal's primary designee are absent from the
schoolsite.  The name of the person, and the names of any person
or persons designated as "principal's designee," shall be on
file in the principal's office.
   This section is not an exception to, nor does it place any
limitation on, Section 48903.
  SEC. 32. Section 48918 of the Education Code is amended to
read:
   48918.  The governing board of each school district shall
establish rules and regulations governing procedures for the
expulsion of pupils.  These procedures shall include, but are
not necessarily limited to, all of the following:
   (a) The pupil shall be entitled to a hearing to determine
whether the pupil should be expelled.  An expulsion hearing
shall be held within 30 schooldays  after the date the principal
or the superintendent of schools determines that the pupil has
committed any of the acts enumerated in Section 48900, unless
the pupil requests, in writing, that the hearing be postponed.
The adopted rules and regulations shall specify that the pupil
is entitled to at least one postponement of an expulsion
hearing, for a period of not more than 30 calendar days.  Any
additional postponement may be granted at the discretion of the
governing board.
   The decision of the governing board as to whether to expel a
pupil shall be made within 10 schooldays after the conclusion of
the hearing, unless the pupil requests in writing that the
decision be postponed.  If the hearing is held by a hearing
officer or an administrative panel, or if the district governing
board does not meet on a weekly basis, the governing board
shall make its decision about a pupil's expulsion within 40
schooldays after the date of the pupil's removal from his or her
school of attendance for the incident for which the
recommendation for expulsion is made by the principal or the
superintendent, unless the pupil requests in writing that the
decision be postponed.
   In the event that compliance by the governing board with the
time requirements for the conducting of an expulsion hearing
under this subdivision is impracticable, the superintendent of
schools or the superintendent's designee may, for good cause,
extend the time period for the holding of the expulsion hearing
for an  additional five schooldays.  Reasons for the extension
of the time for the hearing shall be included as a part of the
record at the time the expulsion hearing is conducted.  Upon the
commencement of the hearing, all matters shall be pursued and
conducted with reasonable diligence and shall be concluded
without any unnecessary delay.
   (b) Written notice of the hearing shall be forwarded to the
pupil at least 10 calendar days prior to the date of the
hearing.  The notice shall include:  the date and place of the
hearing; a statement of the specific facts and charges upon
which the proposed expulsion is based; a copy of the
disciplinary rules of the district that relate to the alleged
violation; a notice of the parent, guardian, or pupil's
obligation pursuant to subdivision (b) of Section 48915.1; and
notice of the opportunity for the pupil or the pupil's parent or
guardian to appear in person or employ and be represented by
counsel, to inspect and obtain copies of all documents to be
used at the hearing, to confront and question all witnesses who
testify at the hearing, to question all other evidence
presented, and to present oral and documentary evidence on the
pupil's behalf, including witnesses.
   (c) Notwithstanding Section 54593 of the Government Code and
Section 35145 of this code, the governing board shall conduct a
hearing to consider the expulsion of a pupil in a session closed
to the public, unless the pupil requests, in writing, at least
five days prior to the date of the hearing, that the hearing be
conducted at a public meeting.  Regardless of whether the
expulsion hearing is conducted in a closed or public session,
the governing board may meet in closed session for the purpose
of deliberating and determining whether the pupil should be
expelled.
   If the governing board or the hearing officer or
administrative panel appointed under subdivision (d) to conduct
the hearing admits any other person to a closed deliberation
session, the parent or guardian of the pupil, the pupil, and the
counsel of the pupil also shall be allowed to attend the closed
deliberations.
   (d) In lieu of conducting an expulsion hearing itself, the
governing board may contract with the county hearing officer, or
with the Office of Administrative Hearings of the State of
California pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Division 2 of Title 3 of the Government Code
and Section 35207 of this code, for a hearing officer to
conduct the hearing.  The governing board also may appoint an
impartial administrative panel of three or more certificated
persons, none of whom are members of the board or employed on
the staff of the school in which the pupil is enrolled.  The
hearing shall be conducted in accordance with all of the
procedures established under this section.
   (e) Within three schooldays after the hearing, the hearing
officer or administrative panel shall determine whether to
recommend the expulsion of the pupil to the governing board.  If
the hearing officer or administrative panel decides not to
recommend expulsion, the expulsion proceedings shall be
terminated and the pupil immediately shall be reinstated and
permitted to return to a classroom instructional program, any
other instructional program, a rehabilitation program, or any
combination of these programs.  Placement in one or more of
these programs shall be made by the superintendent of schools or
the superintendent's designee after consultation with school
district personnel, including the pupil's teachers, and the
pupil's parent or guardian.  The decision not to recommend
expulsion shall be final.
   (f) If the hearing officer or administrative panel recommends
expulsion, findings of fact in support of the recommendation
shall be prepared and submitted to the governing board.  All
findings of fact and recommendations shall be based solely on
the evidence adduced at the hearing.  If the governing board
accepts the recommendation calling for expulsion, acceptance
shall be based either upon a review of the findings of fact and
recommendations submitted by the hearing officer or panel or
upon the results of any supplementary hearing conducted pursuant
to this section that the governing board may order.
   The decision of the governing board to expel a pupil shall be
based upon substantial evidence relevant to the charges adduced
at the expulsion hearing or hearings.  Except as provided in
this section, no evidence to expel shall be based solely upon
hearsay evidence.  The governing board or the hearing officer or
administrative panel may, upon a finding that good cause
exists, determine that the disclosure of the identity of a
witness and the testimony of that witness at the hearing would
subject the witness to an unreasonable risk of harm.  Upon this
determination, the testimony of the witness may be presented at
the hearing in the form of sworn declarations which shall be
examined only by the governing board or the hearing officer or
administrative panel.  Copies of these sworn declarations,
edited to delete the name and identity of the witness, shall be
made available to the pupil.
   (g) A record of the hearing shall be made.  The record may be
maintained by any means, including electronic recording, so
long as a reasonably accurate and complete written transcription
of the proceedings can be made.
   (h) Technical rules of evidence shall not apply to the
hearing, except that relevant evidence may be admitted and given
probative effect only if it is the kind of evidence upon which
reasonable persons are accustomed to rely in the conduct of
serious affairs.  A decision of the governing board to expel
shall be supported by substantial evidence showing that the
pupil committed any of the acts enumerated in Section 48900.
   (i) Whether an expulsion hearing is conducted by the
governing board or before a hearing officer or administrative
panel, final action to expel a pupil shall be taken only by the
governing board in a public session.  Written notice of any
decision to expel or to suspend the enforcement of an expulsion
order during a period of probation shall be sent by the
superintendent of schools or his or her designee to the pupil or
the pupil's parent or guardian, and shall be accompanied by
notice of the right to appeal the expulsion to the county board
of education and of the obligation of the parent, guardian, or
pupil under subdivision (b) of Section 48915.1, upon the pupil's
enrollment in a new school district, to inform that district of
the expulsion.
   (j) The governing board shall maintain a record of each
expulsion, including the cause therefor.  Records of expulsions
shall be a nonprivileged, disclosable public record.
   The expulsion order and the causes therefor shall be recorded
in the pupil's mandatory interim record and shall be forwarded
to any school in which the pupil subsequently enrolls upon
receipt of a request from the admitting school for the pupil's
school records.
  SEC. 33. Section 56034 of the Education Code is amended to
read:
   56034.  "Nonpublic, nonsectarian school" means a private,
nonsectarian school that enrolls individuals with exceptional
needs pursuant to an individualized education program, employs
at least one full-time teacher who holds an appropriate
credential authorizing special education services, and is
certified by the department.  It does not include an
organization or agency that operates as a public agency or
offers public service, including, but not limited to, a state or
local agency, an affiliate of a state or local agency,
including a private, nonprofit corporation established or
operated by a state or local agency, or a public university or
college.  A nonpublic, nonsectarian school also shall meet
standards as prescribed by the superintendent and board.
  SEC. 34. Section 56155.5 of the Education Code is amended to
read:
   56155.5.  (a) As used in this article, "licensed children's
institution" means a residential facility which is licensed by
the state, or other public agency having delegated authority by
contract with the state to license, to provide nonmedical care
to children, including, but not limited to, individuals with
exceptional needs.  "Licensed children's institution" includes a
group home as defined by subdivision (a) of Section 80001 of
Title 22 of the California Code of Regulations.  As used in this
article and Article 8.5 (commencing with Section 56775), a
"licensed children's institution" does not include any of the
following:
   (1) A juvenile court school, juvenile hall, juvenile home,
day center, juvenile ranch, or juvenile camp administered
pursuant to Article 2 (commencing with Section 48645) of Chapter
4 of Part 27.
   (2) A county community school program provided pursuant to
Section 1981.
   (3) Any special education programs provided pursuant to
Section 56150.
   (4) Any other public agency.
   (b) As used in this article, "foster family home" means a
family residence that is licensed by the state, or other public
agency having delegated authority by contract with the state to
license, to provide 24-hour nonmedical care and supervision for
not more than six foster children, including, but not limited
to, individuals with exceptional needs.  "Foster family home"
includes a small family home as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.

  SEC. 35. Section 56366.1 of the Education Code is amended to
read:
   56366.1.  (a) A nonpublic, nonsectarian school or agency that
seeks certification shall file an application with the
superintendent on forms provided
              by the department and include the following
information on the application:
   (1) A description of the special education and designated
instruction and services provided to individuals with
exceptional needs if the application is for nonpublic,
nonsectarian school certification.
   (2) A description of the designated instruction and services
provided to individuals with exceptional needs if the
application is for nonpublic, nonsectarian agency certification.

   (3) A list of appropriately qualified staff, a description of
the credential, license, or registration that qualifies each
staff member to render special education or designated
instruction and services, and copies of their credentials,
licenses, or certificates of registration with the appropriate
state or national organization that has established standards
for the service rendered.
   (4) An annual operating budget.
   (5) Affidavits and assurances necessary to comply with all
applicable federal, state, and local laws and regulations which
include criminal record summaries required of all nonpublic
school or agency personnel having contact with minor children
under Section 44237.
   (b) Unless the board grants a waiver pursuant to Section
56101, a nonpublic, nonsectarian school or agency shall file an
application for certification between January 1 and March 1.
   (c) If the applicant operates a facility or program on more
than one site, each site shall be certified.
   (d) If the applicant is part of a larger program or facility
on the same site, the superintendent shall consider the effect
of the total program on the applicant.  A copy of the policies
and standards for the nonpublic, nonsectarian school or agency
and the larger program shall be available to the superintendent.

   (e) Prior to certification, the superintendent shall conduct
an onsite review of the facility and program for which the
applicant seeks certification.  The superintendent may be
assisted by representatives of the special education local plan
area in which the applicant is located and a nonpublic,
nonsectarian school or agency representative who does not have a
conflict of interest with the applicant.  The superintendent
shall conduct an additional onsite review of the facility and
program within five years after the certification effective date
unless the superintendent conditionally certifies the school or
agency or unless the superintendent receives a formal complaint
against the school or agency.  In the latter two cases, the
superintendent shall conduct an onsite review at least annually.

   (f) Within 120 days after receipt of the application, the
superintendent shall certify, conditionally certify, or deny
certification to the applicant.  If the superintendent fails to
take one of these actions within 120 days, the applicant is
automatically granted conditional certification for a period
terminating on August 31 of the current school year.  If
certification is denied, the superintendent shall provide
reasons for the denial.  The superintendent may certify the
school or agency for a period of not longer than five years.
   (g) Certification becomes effective on the date the
nonpublic, nonsectarian school or agency meets all the
application requirements and is approved by the superintendent.
Certification may be retroactive if the school or agency met
all the requirements of this section on the date the retroactive
certification is effective.  Certification expires on August 31
of the terminating year.
   (h) The superintendent shall annually review the
certification of each nonpublic, nonsectarian school and agency.
  For this purpose, a certified school or agency shall annually
update its application between August 1 and October 31, unless
the board grants a waiver pursuant to Section 56101.  The
superintendent may conduct an onsite review as part of the
annual review.
   (i) The superintendent may monitor a nonpublic, nonsectarian
school or agency onsite at any time without prior notice when
there is substantial reason to believe that there is an
immediate danger to the health, safety, or welfare of a child.
The superintendent shall document the concern and submit it to
the nonpublic, nonsectarian school or agency at the time of the
onsite monitoring.  The superintendent shall require a written
response to any noncompliance or deficiency found.
   (j) (1) Notwithstanding any other provision of law, the
superintendent may not certify a nonpublic, nonsectarian school
or agency that proposes to initiate or expand services to pupils
who are currently educated, or were educated in the immediate
prior fiscal year, in a juvenile court program, community school
pursuant to Section 56150, or other nonspecial education
program, including independent study or adult school, or both,
unless the nonpublic, nonsectarian school or agency notifies the
county superintendent of schools and the special education
local plan area in which the proposed new or expanded nonpublic,
nonsectarian school or agency is located of its intent to seek
certification.  The notification shall occur no later than the
last day of the second school year prior to the date on which
the proposed or expanding school or agency intends to initiate
services.  The notice shall include all of the following:
   (A) The date upon which the proposed nonpublic, nonsectarian
school or agency is to be established.
   (B) The location of the proposed program or facility.
   (C) The number of pupils proposed for services, the number of
pupils currently served in the juvenile court, community
school, or other nonspecial education program, the current
school services, including special education and related
services, provided for these pupils, and the specific program of
special education and related services to be provided under the
proposed program.
   (D) The reason for the proposed change in services.
   (2) In addition to the requirements in subdivisions (a) to
(e), inclusive, the superintendent shall require and consider
the following in determining whether to certify a nonpublic,
nonsectarian school or agency as described in this subdivision:

   (A) A complete statement of the information required as part
of the notice under paragraph (1).
   (B) Documentation of the steps taken in preparation for the
conversion to a nonpublic, nonsectarian school or agency,
including information related to changes in the population to be
served and the services to be provided pursuant to each pupil's
individualized education program.
   (3) Before certifying the school or agency, the
superintendent shall determine that certification of the new or
expanding school or agency program is necessary for the
provision of a free appropriate special education program to the
affected pupils in the least restrictive environment.
   (4) Notwithstanding any other provision of law, the
certification becomes effective no earlier than the first day of
the second school year beginning after the school or agency
provides the notification required pursuant to paragraph (1).
  SEC. 36. Section 56775 of the Education Code is amended to
read:
   56775.  (a) For the 1980-81 fiscal year and each fiscal year
thereafter, the superintendent shall apportion to each district
and county superintendent providing programs pursuant to Article
5 (commencing with Section 56155) of Chapter 2 an amount equal
to the difference, if any, between (1) the costs of contracts
with nonpublic, nonsectarian schools to provide special
education instruction, related services, or both, to pupils in
licensed children's institutions, foster family homes,
residential medical facilities, and other similar facilities
funded under this chapter, and (2) the state and federal income
received by the district or county superintendent for providing
these programs.  The sum of the excess cost, plus any state or
federal income for these programs, shall not exceed the cost of
contracts with nonpublic, nonsectarian schools to provide
special education and related services for these pupils, as
determined by the superintendent.
   (b) The cost of contracts with nonpublic, nonsectarian
schools and agencies that a district or county office of
education reports under this section shall not include any of
the following costs that a district, county office, or special
education local plan area may incur:
   (1) Administrative or indirect costs for the local education
agency.
   (2) Direct support costs for the local education agency.
   (3) Transportation costs provided either directly or through
a nonpublic, nonsectarian school or agency contract for use of
services or equipment owned, leased, or contracted, by a
district, special education local plan area, or county office
for any pupils enrolled in nonpublic, nonsectarian school or
agencies, unless provided directly or subcontracted by that
nonpublic, nonsectarian school or agency pursuant to
subdivisions (a) and (b) of Section 56366.
   (4) Costs for services routinely provided by the district or
county office, including the following, unless the board grants
a waiver under 56101:
   (A) School psychologist services other than those described
in Sections 56324 and 56363 and included in a contract and
individual services agreement under subdivision (a) of Section
56366.
   (B) School nurse services other than those described in
Sections 49423.5, 56324, and 56363 and included in a contract
and individual services agreement under subdivision (a) of
Section 56366.
   (C) Language, speech, and hearing services other than those
included in a contract and individual services agreement under
subdivision (a) of Section 56366.
   (D) Modified, specialized, or adapted physical education
services other than those included in a contract and individual
services agreement under subdivision (a) of Section 56366.
   (5) Costs for nonspecial education programs or settings,
including those provided for individuals with exceptional needs
between the ages of birth and five years, inclusive, pursuant to
Sections 56431 and 56441.8.
   (6) Costs for nonpublic, nonsectarian school or agency
placements outside of the state unless the board has granted a
waiver pursuant to subdivisions (e) and (f) of Section 56365.
   (7) Costs for related nonpublic, nonsectarian school pupil
assessments by a school psychologist or school nurse pursuant to
Sections 56320 and 56324.
   (8) Costs for services that the nonpublic, nonsectarian
school or agency is not certified to provide.
   (9) Costs for services provided by personnel who do not meet
the requirements specified in subdivision (e) of Section 56366.

   (d) A nonpublic, nonsectarian school or agency shall not
claim and is not entitled to receive reimbursement for
attendance unless the site where the pupil is receiving special
education or designated instruction and services is certified.

  SEC. 37. Section 60240 of the Education Code is amended to
read:
   60240.  The State Instructional Materials Fund is hereby
continued in existence.  The fund shall be a means of annually
funding the acquisition of instructional materials as required
by the Constitution of the State of California.  Notwithstanding
Section 13340 of the Government Code, all money in the fund is
continuously appropriated to the State Department of Education
without regard to fiscal years for carrying out the purposes of
this part.  It is the intent of the Legislature that the fund
shall provide for flexibility of instructional materials.
  SEC. 38. Section 2552 of the Elections Code is amended to
read:
   2552.  The presidential primary shall be consolidated with
the statewide direct primary held in any year evenly divisible
by the whole number four.
   This section shall become operative on January 1, 1998.
  SEC. 39. Section 2601 of the Elections Code is amended to
read:
   2601.  (a) Except as provided in Sections 35443, 36503.5, and
36504 of the Government Code, a general municipal election
shall be held on the second Tuesday in April of even-numbered
years, or on the first Tuesday after the first Monday in March
of odd-numbered years.
   (b) A city council may enact an ordinance to move the date of
its general municipal election from the second Tuesday in April
of even-numbered years to the first Tuesday after the first
Monday in March of odd-numbered years.
   (c) As the result of the adoption of an ordinance pursuant to
this section, no term of office shall be increased or decreased
by more than 12 months.  As used in this subdivision, "12
months" means the period between the day upon which the term of
office otherwise would have commenced and the first Tuesday
after the first Monday in March of the odd-numbered year in
which the election is held, inclusive.
   (d) If an election is held pursuant to subdivision (a) and
the election is consolidated with another election, Part 2.5
(commencing with Section 23300) of Division 14, except Section
23302, shall govern the consolidation, and, if the county clerk
is requested to conduct the municipal election, Section 22003
shall be applicable to that election.
   (e) Within 30 days after the ordinance becomes operative
pursuant to subdivision (b), the city clerk shall cause a notice
to be mailed to all registered voters informing the voters of
the change in the election date.  The notice shall also inform
the voters that as a result in the change in election date,
elected city officeholders' terms in office will be changed.
   (f) If a city adopts an ordinance pursuant to subdivision
(b), the municipal election following the adoption of the
ordinance and each municipal election thereafter shall be
conducted on the date specified by the city council, in
accordance with subdivision (b), unless the ordinance in
question is later repealed by the city council.
   (g) If the date of a general municipal election is changed
pursuant to this section, at least one election shall be held
before the ordinance may be subsequently repealed or amended.
  SEC. 40. Section 6005 of the Elections Code is amended to
read:
   6005.  The chairman of the state central committee shall
notify the Secretary of State on or before the first day of
February immediately preceding the presidential primary as to
the number of delegates to represent the state in the next
national convention of his or her party.
   This section shall become operative on January 1, 1998.
  SEC. 41. Section 2110 of the Family Code is amended to read:
   2110.  In the case of a default judgment, the petitioner may
waive the final declaration of disclosure requirements provided
in this chapter, but a preliminary declaration of disclosure by
the petitioner is required.
  SEC. 42. Section 4071.5 is added to the Family Code, to read:

   4071.5.  For purposes of computing the minimum level of child
support under Section 4070, no hardship shall be deemed to
exist and no deduction from income shall be granted if aid
payments are being made pursuant to Chapter 2 (commencing with
Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code on behalf of a child or children of the parent
seeking the deduction, even if the payments are being received
by the other parent.
  SEC. 43. Section 857 of the Fish and Game Code is amended to
read:
   857.  (a) Notwithstanding any other provision of law, the
status of a person as an employee, agent, or licensee of the
department does not confer upon that person a special right or
privilege to knowingly enter private land without either the
consent of the owner or a search warrant, an inspection warrant.

   (b) (1) Subdivision (a) does not apply to employees, agents,
or licensees of the department in the event of an emergency.
For purposes of this section, "emergency" means a sudden,
unexpected occurrence, involving a clear and imminent danger
demanding immediate action to prevent or mitigate loss of, or
damage to, wildlife, wildlife resources, or wildlife habitat.
   (2) Subdivision (a) does not apply to a sworn peace officer
authorized pursuant to subdivision (f) of Section 830.2 of the
Penal Code or, if necessary for law enforcement purposes, to
other departmental personnel accompanying a sworn peace officer.
  Subdivision (a) shall not be construed to define or alter any
authority conferred on those peace officers by any other law or
court decision.
   (3) Subdivision (a) does not apply to, or interfere with, the
authority of employees or licensees to enter and inspect land
in conformance with Section 4604 of the Public Resources Code.
   This section is not intended to expand or constrain the
authority, if any, of employees, agents, or licensees of the
department to enter private land to conduct inspections pursuant
to Section 7702 of this code or Section 8670.5, 8670.7, or
8670.10 of the Government Code.
   (c) If the department conducts a survey or evaluation of
private land that results in the preparation of a document or
report, the department shall, upon request and without undue
delay, provide either a copy of the report or a written
explanation of the department's legal authority for denying the
request.  The department may charge a fee for each copy, not to
exceed the direct costs of duplication.
  SEC. 44. Section 8051.2 of the Fish and Game Code is amended
to read:
   8051.2.  (a) The landing tax collected pursuant to Section
8051.1 shall be deposited in the Fish and Game Preservation Fund
and 50 percent of the revenue deposited shall be used solely
for the Sea Urchin Resources Enhancement Program in support of
the recommendations of the committee established by subdivision
(c) and other sea urchin resource enhancement measures as
provided in the annual Budget Act.  The remaining 50 percent of
the revenue shall be used solely for research and management
activities to monitor and maintain the sea urchin resource.  The
department shall maintain internal accountability necessary to
ensure that all restrictions on the expenditure of Sea Urchin
Resources Enhancement Program funds and research and management
funds are met.
   (b) An amount, not to exceed 15 percent of each of the
allocations made pursuant to subdivision (a) from the total
annual revenues deposited in the fund pursuant to subdivision
(a), may be used by the department for the administration of the
Sea Urchin Resources Enhancement Program and the research and
management activities, respectively, including any reasonable
and necessary expenses.
   (c) The Commercial Sea Urchin Advisory Committee in existence
on October 14, 1991, which consists of 12 members selected by
the director, shall be continued in existence and renamed the
Director's Sea Urchin Advisory Committee.  One member shall be
chosen from the personnel of the department.  Ten members shall
be selected, with alternates, from nominations submitted by sea
urchin fishermen and processors and by associations representing
the commercial sea urchin industry of California.  Five of the
industry members shall be from northern California, two
representing divers and three representing processors.  At least
one of the northern California processor representatives shall
reside in a geographical area other than Fort Bragg.  Five of
the industry members shall be from southern California, three
representing divers and two representing processors.  All of the
California diver representatives shall reside in different
geographical areas of the state.  The area marine coordinator
from the University of California at Davis shall be the other
member.
   For the money available to the Sea Urchin Resource
Enhancement Program, the committee may annually submit to the
department proposed projects and a budget for the program.  The
department, after conducting a public review and discussion,
shall incorporate all or part of the proposed projects and
budget recommendations in its submittal to the Governor's
Budget.
   (d) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or
extends that date.
  SEC. 45. Section 8598 of the Fish and Game Code is amended to
read:
   8598.  (a) Notwithstanding Section 8140 or subdivision (b) of
Section 8597, specimens of the following groups or species
shall not be taken or possessed for commercial purposes:
   (1) Invertebrates:
   (A) Phylum Porifera all sponges.
   (B) Genus Pelagia sp. jellyfish.
   (C) Coelenterata corals, anemones; all species.
   (D) Order Gorgonacea all gorgonians.
   (E) Order Pennatulacea all species, except Renilla kollikeri.

   (F) Feather-duster worm Eudistylia polymorpha.
   (G) Fiddler crab Uca crenulata.
   (H) Umbrella crab Cryptolithodes sitchensis.
   (I) Stalked or goose barnacles Pollicipes sp.
   (J) Giant acorn barnacle Balanus nubilus or B. aguila.
   (K) Owl limpet Lottia gigantea.
   (L) Coffee bean shells Trivia sp.
   (M) Three-winged murex Pteropurpura trialata.
   (N) Vidler's simnia Simnia vidleri.
   (O) Queen tegula Tegula regina.
   (P) Opisthobranchia (including nudibranchs) all subclass
Opisthobranchia species except:
   (i) Sea hares Aplysia californica and Aplysia vaccaria.
   (ii) Hermissenda crassicornis.
   (iii) Lion's mouth Melibe leonina.
   (iv) Aeolidia papillosa.
   (v) Spanish shawl Flabellina iodinea.
   (2) Vertebrates:
   (A) All shark and ray eggcases.
   (B) Brown smoothhound sharks Mustelus hinlei.
   (C) Family Agonidae all poachers.
   (D) Wolf-eel Anarrhichthys ocellatus.
   (E) Juvenile sheephead Semicossyphus pulcher (under 6
inches).
   (3) Live rocks.
   (A) Rocks with living organisms attached, commonly called
"live rocks," shall not be taken or possessed except as provided
in subparagraph (C).
   (B) Rocks shall not be broken to take marine aquaria species,
and any rock displaced to access any such species shall be
returned to its original position.
   (C) Rocks cultured under the authority of an aquaculture
registration may be possessed.
   (b) Garibaldi Hypsypops rubicundus may not be taken under a
marine aquaria collector's permit from February 1 to October 31,
inclusive.
   (c) No organisms may be taken for marine aquaria pet trade
purposes under the terms of a marine aquaria collector's permit
in any of the following areas:
   (1) On the north side of Santa Catalina Island from a line
extending three nautical miles 90 degrees true from Church Rock
to a line extending three nautical miles 270 degrees true from
the extreme west end of the island.
   (2) Until January 1, 2000, on the south or "back" side of
Santa Catalina Island from a line extending three nautical miles
90 degrees true from Church Rock to a line extending three
nautical miles 270 degrees true from the extreme west end of the
island.
   (3) Marine life refuges, marine reserves, ecological
reserves, and state reserves.
  SEC. 46. Section 12157 of the Fish and Game Code is amended to
read:
   12157.  (a) Except as provided in subdivision (b), the judge
before whom any person is tried for a violation of any provision
of this code, or regulation adopted pursuant thereto, may, upon
the conviction of the person tried, order the forfeiture of any
device or apparatus that is designed to be, or is capable of
being, used to take birds, mammals, fish, reptiles, or amphibia
and that was used in committing the offense charged.
   (b) The judge shall, if the offense is punishable under
Section 12008 of this code or subdivision (c) of Section 597 of
the Penal Code, order the forfeiture of any device or apparatus
that is used in committing the offense, including, but not
limited to, any vehicle that is used or intended for use in
delivering, importing, or exporting any unlawfully taken,
imported, or purchased species.
   (c) The judge may, for conviction of a violation of Section
2000 relating to deer, elk, antelope, feral pigs, European wild
boars, black bears, and brown or cinnamon bears, order
forfeiture of any device or apparatus that is used in committing
the offense, including, but not limited to, any vehicle used or
intended for use in committing any of those offenses.
   In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature,
circumstances, extent, and gravity of the prohibited act
committed, the degree of culpability of the violator, the
property proposed for forfeiture, and other criminal or civil
penalties imposed on the violator under other provisions of law
for that offense. The court shall impose lesser forfeiture
penalties under this subdivision for those acts that have little
significant effect upon natural resources or the property of
another and greater forfeiture penalties for those acts that may
cause serious injury to natural resources or the property of
another, as determined by the court.
   It is the intent of the Legislature that forfeiture not be
ordered pursuant to this subdivision for minor or inadvertent
violations of Section 2000, as determined by the court.
   (d) Any device or apparatus ordered forfeited shall be sold,
used, or destroyed by the department.
   (e) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be
paid into the Fish and Game Preservation Fund.  A lien in which
the lienholder is a conspirator is not a valid lien for purposes
of this subdivision.
   (f) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also
apply to the judge, referee, or traffic hearing officer in a
juvenile court action brought under Section 258 of the Welfare
and Institutions Code.
   (g) For purposes of this section, a plea of nolo contendere
or no contest, or forfeiture of bail, constitutes a conviction.

   (h) Neither the disposition of the criminal action other than
by conviction nor the discretionary refusal of the judge to
order forfeiture upon conviction impairs the right of the
department to commence proceedings to order the forfeiture of
fish nets or traps pursuant to Section 8630.
  SEC. 47. Section 232 of the Food and Agricultural Code is
amended to read:
   232.  The Agriculture Trust Fund is hereby created.  The
trust fund is not a fund of the State Treasury.  Transfers to
the trust fund may be deposited in the State Treasury, or in a
bank or other depository approved by the Department of Finance.
Funds that are so transferred are exempt from Sections 11270
and 11272 of the Government Code and shall be deposited and
disbursed only to pay for attorney's fees and other costs
incurred in litigation involving the trust fund, expenses
generated by the auditing requirement imposed by Section 239,
and the costs set
forth in Section 240.
  SEC. 48. Section 235 of the Food and Agricultural Code is
amended to read:
   235.  Each agricultural program specified in subdivision (b)
of Section 230 with funds contained in the Department of Food
and Agriculture Fund shall participate in the trust fund unless
an entity is designated pursuant to subdivision (a) of Section
227 or Section 6005 or 45021.
  SEC. 49. Section 239 of the Food and Agricultural Code is
amended and renumbered to read:
   238.5.  The chairperson of each advisory body shall advise
the director on the administration of the trust fund, including,
but not limited to, the amount of the fund to be applied to
program closures, unanticipated occurrences, and replenishment.

  SEC. 50. Section 240 of the Food and Agricultural Code is
amended and renumbered to read:
   239.  All trust fund activities shall be subject to an audit
at least once every two years by an auditing firm selected by
the director in accordance with Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract
Code.  A copy of the audit shall be delivered to the director
within 30 days after completion.
  SEC. 51. Section 241 of the Food and Agricultural Code, as
added by Chapter 872 of the Statutes of 1993, is amended and
renumbered to read:
   239.5.  Any money that is deposited pursuant to Section 232,
which the director determines is available for investment, may
be invested or reinvested in any of the securities described in
Article 1 (commencing with Section 16430) of Chapter 3 of Part 2
of Division 4 of Title 2 of the Government Code.
  SEC. 52. Section 242 of the Food and Agricultural Code, as
added by Chapter 872 of the Statutes of 1993, is amended and
renumbered to read:
   240.  The moneys in the trust fund shall be disbursed only to
pay for costs arising from unanticipated occurrences associated
with administering self-funded programs.  These costs shall
include, but are not limited to:  attorney costs related to
litigation; workers' compensation costs; unemployment costs;
phaseout costs of existing programs; and temporary funding for
programs that are implementing a fee increase.  Any program
using the moneys from the trust fund shall repay the trust fund
based on a schedule approved by the director.
   In addition to the costs specified above, the director may
impose a charge in the amount necessary to cover the department'
s costs in administering this article.
  SEC. 53. Section 243 of the Food and Agricultural Code, as
added by Chapter 872 of the Statutes of 1993, is amended and
renumbered to read:
   240.5.  This article shall be liberally construed.  If any
provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not
affect other provisions or applications of the article that can
be given effect without the invalid provision or application,
and to this end the provisions of this article are severable.
  SEC. 54. Section 4104 of the Food and Agricultural Code is
amended to read:
   4104.  (a) The Legislature hereby finds and declares that
there is a need for a state repository dedicated to the diverse
contributions of African-Americans to the history and culture of
this state and the nation.
   (b) The California African-American Museum is a part of, and
coexists with, the California Museum of Science and Industry.
   (c) The California African-American Museum is governed by a
seven-member board of directors.  The Governor shall appoint the
seven members, at least four of whom shall reside within the
boundaries of the 6th Agricultural District.  In addition, the
Senator representing the Senate district in which the California
African-American Museum is located and the Assembly Member
representing the Assembly district in which the museum is
located shall be ex officio nonvoting members of the board.  The
two legislative ex officio nonvoting members of the board shall
participate in the activities of the board to the extent that
their participation is not incompatible with their respective
positions as Members of the Legislature.  The appointees of the
Governor shall be appointed to four-year terms with the initial
terms of appointment expiring as follows:  one term expiring
January 1, 1984, one term expiring January 1, 1985, one term
expiring January 1, 1986, and one term expiring January 1, 1987.
  The person appointed to the Advisory Board of the California
Museum of African-American History and Culture by the Board of
Directors of the California Museum of Science and Industry prior
to the amendments made to this section by Chapter 1439 of the
Statutes of 1987 shall serve on the Board of Directors of the
California African-American Museum until the Governor makes the
fifth appointment authorized pursuant to those amendments.  The
fifth appointment made to the board shall serve a term expiring
on January 1, 1990, the sixth appointment shall serve a term
expiring on January 1, 1991, and the seventh appointment shall
serve a term expiring on January 1, 1992.
   (d) The Board of Directors of the California African-American
Museum shall have the sole authority, subject to existing state
laws, regulations, and procedures, to determine how funds that
have been appropriated and duly allocated by the Legislature and
the Governor for support of the museum shall be expended.  The
board shall also have the sole authority, subject to existing
state laws, regulations, and procedures, to contract with any
state agency, institution, independent contractor, or private
nonprofit organization that the board determines to be
appropriate and qualified to assist in the operation of the
museum.  The board shall further have authority to establish the
operations, programs, activities, and exhibitions of the
California African-American Museum.  The Board of Directors of
the California African-American Museum shall be solely
responsible for the actions taken and the expenditures made by
the staff of the California African-American Museum in the scope
and course of their employment.
   (e) The Board of Directors of the California African-American
Museum shall appoint an executive director, who shall be exempt
from civil service, and any necessary staff to carry out the
provisions of this section, who shall be subject to the State
Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code).  The California
African-American Museum shall submit its annual budget request
directly to the State and Consumer Services Agency.  The
California African-American Museum may accept grants,
contributions, and appropriations from federal, state, local,
and private sources for its operation.
   (f) The California African-American Museum shall preserve,
collect, and display samples of African-American contributions
to the arts, sciences, religion, education, literature,
entertainment, politics, sports, and history of the state and
the nation.  The enrichment and historical perspective of that
collection shall be made available for public use and enjoyment.

   (g) The California African-American Museum shall use
stationery and other supplies of the former museum and shall
phase in the name change with existing resources.
  SEC. 55. Article 2 (commencing with Section 56732) of Chapter
7.5 of Division 20 of the Food and Agricultural Code is
repealed.
  SEC. 56. Section 77417 of the Food and Agricultural Code is
amended to read:
   77417.  "Ex officio members" are nonvoting members of the
commission.
  SEC. 57. Section 77442 of the Food and Agricultural Code is
amended to read:
   77442.  A quorum of the commission shall be any seven voting
producer members, three voting processor members, and three
voting shipper members of the commission.  Except as provided in
Sections 77481.5 and 77499, the vote of a majority of members
present at a meeting at which there is a quorum shall constitute
an act of the commission.
  SEC. 58. Section 77501 of the Food and Agricultural Code, as
added by Chapter 805 of the Statutes of 1993, is amended and
renumbered to read:
   77498.  Every five years, commencing with the 1999-2000
marketing season, the director shall hold a hearing to determine
whether the operation of this chapter should be continued.  If
the director finds after the hearing that a substantial question
exists among the producers, processors, and shippers assessed
under this chapter regarding whether the operation of this
chapter should be continued, the director shall submit the
chapter to a reapproval referendum.  If a reapproval referendum
is required, the operation of this chapter shall be continued in
effect if the director finds that a majority of the eligible
producers, processors, and shippers voting in the referendum
voted in favor of continuing this chapter.  In finding whether
the commission is continued pursuant to this article, the vote
of any nonprofit agricultural cooperative marketing association
that is authorized by its members to so vote shall be considered
as being the approval or rejection by the individual members
of, or the individual stockholders in, the nonprofit
agricultural cooperative marketing association.
   If the director finds after conducting a hearing that no
substantial question exists or that a favorable vote has been
given, the director shall so certify and this chapter shall
remain operative.  If the director finds that a favorable vote
has not been given, he or she shall so certify and declare the
operation of this chapter and the commission suspended upon the
expiration of the marketing season ending January 31, 2000.
Thereupon, the operations of the commission shall be concluded
and funds distributed in the manner provided in Section 77499.5.
  No bond or security shall be required for any such referendum.

  SEC. 59. Section 77502 of the Food and Agricultural Code, as
added by Chapter 805 of the Statutes of 1993, is amended and
renumbered to read:
   77498.5.  Following a hearing, and favorable referendum if
required, conducted prior to January 31, 2000, the process
specified in Section 77498 shall be conducted by the commission
every fifth year thereafter between February 1 and June 30,
unless a referendum is conducted as the result of a petition
pursuant to Section 77499.  In that case, the hearing, and
referendum if required, shall be conducted every fifth year
following the industry petitioned referendum.
  SEC. 60. Section 77503 of the Food and Agricultural Code, as
added by Chapter 805 of the Statutes of 1993, is amended and
renumbered to read:
   77499.  (a) Upon a finding by a two-thirds vote of the
commission that the operation of this chapter has not tended to
effectuate its declared purposes, the commission may recommend
to the director that the commission be suspended.  Any
suspension shall not become effective until the expiration of
the current marketing season.
   (b) The director shall, upon receipt of a recommendation, or
may, after a public hearing to review a petition filed with him
or her requesting such suspension, signed by 15 percent of the
producers, processors, or shippers by number who produced,
processed, or shipped not less than 15 percent of the volume in
the immediately preceding season, cause a referendum to be
conducted among the listed producers, processors, and shippers
to determine if the operations of the commission shall be
suspended.  However, the director shall not hold a referendum as
a result of the petition unless the petitioner shows by the
weight of evidence that this chapter has not effectuated its
declared purposes.
   (c) The director shall establish a referendum period, which
shall not be less than 10 or more than 60 days in duration.  The
director may prescribe additional procedures necessary to
conduct the referendum.  At the close of the established
referendum period, the director shall tabulate the ballots filed
during the period.  If at least 40 percent of the total number
of producers, processors, and shippers from the list established
by the director participate in the referendum, the director
shall suspend the operation of this chapter, if the director
finds either one of the following:
   (1) Sixty-five percent or more of the producers, processors,
and shippers who voted in the referendum voted in favor of
suspension, and the producers, processors, and shippers so
voting marketed a majority of the total quantity of strawberries
marketed in the preceding marketing season by all of the
producers, processors, and shippers who voted in the referendum.

   (2) That a majority of the producers, processors, and
shippers who voted in the referendum voted in favor of
suspension, and that the producers, processors, and shippers so
voting marketed 65 percent or more of the total quantity of
strawberries marketed in the preceding season by all of the
producers, processors, and shippers who voted in the referendum.

  SEC. 61. Section 77504 of the Food and Agricultural Code, as
added by Chapter 805 of the Statutes of 1993, is amended and
renumbered to read:
   77499.5.  After the effective date of suspension of this
chapter and of the commission, the operations of the commission
shall be concluded and all moneys held by the commission, and
moneys collected by assessment and not required to defray the
expenses of concluding and terminating operations of the
commission, shall be returned upon a pro rata basis to all
persons from whom assessments were collected in the immediately
preceding current marketing season.  However, if the commission
finds that the amounts returnable are so small as to make
impractical the computation and remitting of the pro rata refund
to those persons, any moneys remaining and any moneys remaining
after payment of all expenses of winding up and terminating
operations shall be withdrawn from the approved depository and
paid into an appropriate state or federal program or used to
fund activities related to the subject matter of this chapter.

  SEC. 62. Section 77505 of the Food and Agricultural Code, as
added by Chapter 805 of the Statutes of 1993, is amended and
renumbered to read:
   77500.  Upon suspension of the operation of this chapter and
of the commission, the commission shall mail a copy of the
notice of suspension to all producers, processors, and shippers
affected by the suspension whose names and addresses are on
file.
  SEC. 63. Section 6159 of the Government Code is amended to
read:
   6159.  (a) As used in this section:
   (1) "Credit card" means any card, plate, coupon book, or
other credit device existing for the purpose of being used from
time to time upon presentation to obtain money, property, labor,
or services on credit.
   (2) "Card issuer" means any person, or his or her agent, who
issues a credit card and purchases credit card drafts.
   (3) "Cardholder" means any person to whom a credit card is
issued or any person who has agreed with the card issuer to pay
obligations arising from the issuance of a credit card to
another person.
   (4) "Draft purchaser" means any person who purchases credit
card drafts.
   (b) Subject to subdivision (c), a court, city, county, city
and county, or other public agency may authorize the acceptance
of a credit card for any of the following:
   (1) The payment for the deposit of bail or for any fine for
any offense not declared to be a felony.
   (2) The payment of a filing fee or other court fee.
   (3) The payment of any towage or storage costs for a vehicle
that has been removed from a highway, or from public or private
property, as a result of parking violations.
   (4) The payment of child, family, or spousal support,
including reimbursement of public assistance, related fees,
costs, or penalties, with the authorization of the cardholder.
   (5) The payment for services rendered by any city, county,
city and county, or other public agency.
   (6) The payment of any fee, charge, or tax due a city,
county, city and county, or other public agency.
   (c) A court desiring to authorize the use of a credit card
pursuant to subdivision (b) shall obtain the approval of its
county board of supervisors.  A city desiring to authorize the
use of a credit card pursuant to subdivision (b) shall obtain
the approval of its city council.  Any other public agency
desiring to authorize the use of a credit card pursuant to
subdivision (b) shall obtain the approval of the governing body
that has fiscal responsibility for that agency.  After approval
is obtained, a contract may be executed with one or more credit
card issuers or draft purchasers.  The contract shall provide
for:
   (1) The respective rights and duties of the court, city,
county, city and county, or other public agency and card issuer
or draft purchaser regarding the presentment, acceptability, and
payment of credit card drafts.
   (2) The establishment of a reasonable means by which to
facilitate payment settlements.
   (3) The payment to the card issuer or draft purchaser of a
reasonable fee or discount.
   (4) Any other matters appropriately included in contracts
with respect to the purchase of credit card drafts as may be
agreed upon by the parties to the contract.
   (d) The honoring of a credit card pursuant to subdivision (b)
hereof constitutes payment of the amount owing to the court,
city, county, city and county, or other public agency as of the
date the credit card is honored, provided the credit card draft
is paid following its due presentment to a card issuer or draft
purchaser.
   (e) If any credit card draft is not paid following due
presentment to a card issuer or draft purchaser or is charged
back to the court, city, county, city and county, or other
public agency for any reason, any record of payment made by the
court, city, or other public agency honoring the credit card
shall be void.  Any receipt issued in acknowledgment of payment
shall also be void.  The obligation of the cardholder shall
continue as an outstanding obligation as if no payment had been
attempted.
   (f) Notwithstanding Title 1.3 (commencing with Section 1747)
of Part 4 of Division 3 of the Civil Code, a court, city,
county, city and county, or any other public agency may impose a
fee for the use of a credit card, not to exceed the costs
incurred by the agency in providing for payment by credit card.
These costs may include, but shall not be limited to, the
payment of fees or discounts as specified in paragraph (3) of
subdivision (c).  Any fee imposed pursuant to this subdivision
for the use of a credit card shall be approved by the governing
body responsible for the fiscal decisions of the public agency.

   (g) Fees or discounts provided for under paragraph (3) of
subdivision (c) shall be deducted or accounted for prior to any
statutory or other distribution of funds received from the card
issuer or draft purchaser to the extent not recovered from the
cardholder pursuant to subdivision (f).
  SEC. 64. Section 6516.5 of the Government Code, as added by
Chapter 1235 of the Statutes of 1992, is amended and renumbered
to read:
   6516.8.  Any two or more harbor agencies may establish a
joint powers authority pursuant to Part 1 (commencing with
Section 1690) of Division 6 of the Harbors and Navigation Code.

  SEC. 65. Section 9020 of the Government Code is amended to
read:
   9020.  The Legislature shall convene in regular session at
the City of Sacramento at 12 p.m. on the first Monday in
December of each even-numbered year, and each house shall
immediately organize.
  SEC. 65.5. Section 10207 of the Government Code is amended to
read:
   10207.  (a) The Legislative Counsel shall maintain the
attorney-client relationship with each Member of the Legislature
with respect to communications between the member and the
Legislative Counsel except as otherwise provided by the rules of
the Legislature.  All materials arising out of this
relationship, including, but not limited to, proposed bills and
amendments, analyses, opinions, and memoranda prepared by the
Legislative Counsel, are not public records, except as otherwise
provided by the rules of the Legislature or when released by
the member for whom the material was prepared.  When he or she
determines that the public interest so requires, the Legislative
Counsel may release any material arising out of the
attorney-client relationship with a former Member of the
Legislature who is not available to execute a release.
   (b) (1) The Legislative Counsel shall maintain the
attorney-client relationship with the Governor with respect to
communications between the Governor and the Legislative Counsel.
  All materials arising out of this relationship, including, but
not limited to, legal services concerning any bill in the
Governor's hands for rejection, approval, or other action, legal
services concerning any legal opinion provided to the Governor,
and legal services concerning any matter as the circumstances
permit and the Governor requests, prepared by the Legislative
Counsel, are not public records, except when released by the
Governor.  When he or she determines that the public interest so
requires, the Legislative Counsel may release any material
arising out of the attorney-client relationship with a former
Governor who is not available to execute a release.
   (2) Whenever the Legislative Counsel issues an opinion to the
Governor analyzing the constitutionality, operation, or effect
of a bill or other legislative measure that is then pending
before the Legislature, or of any amendment made or proposed to
be made to that bill or measure, the Legislative Counsel shall
deliver two copies of the opinion to the first-named author of
the bill or measure as promptly as feasible after delivery of
the original opinion, and shall also deliver a copy to any other
author of the bill or measure who requests a copy.
  SEC. 66. Section 11135 of the Government Code is amended to
read:
   11135.  (a) No person in the State of California shall, on
the basis of ethnic group identification, religion, age, sex,
color, or disability, be unlawfully denied the benefits of, or
be unlawfully subjected to discrimination under, any program or
activity that is funded directly by the state or receives any
financial assistance from the state.
   (b) With respect to discrimination on the basis of
disability, programs and activities subject to subdivision (a)
shall meet the protections and prohibitions contained in Section
202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and the federal rules and regulations adopted in
implementation thereof, except that if the laws of this state
prescribe stronger protections and prohibitions, the programs
and activities subject to subdivision (a) shall be subject to
the stronger protections and prohibitions.
   (c) As used in this section, "disability" means any of the
following with respect to an individual:  (1) a physical or
mental impairment that substantially limits one or more of the
major life activities of the individual, (2) a record of an
impairment as described in paragraph (1), or (3) being regarded
as having an impairment as described in paragraph (1).
  SEC. 67. Section 12811 of the Government Code is amended to
read:
   12811.  The Youth and Adult Correctional Agency consists of
the Department of Corrections, the Department of the Youth
Authority, the Board of Prison Terms, the Youthful Offender
Parole Board, the Board of Corrections, and the Narcotic Addict
Evaluation Authority.
  SEC. 68. Section 12945.2 of the Government Code is amended to
read:
   12945.2.  (a) Except as provided in subdivision (b), it shall
be an unlawful employment practice for any employer, as defined
in paragraph (2) of subdivision (c), to refuse to grant a
request by any employee with more than 12 months of service with
the employer, and who has at least 1,250 hours of service with
the employer during the previous 12-month period, to take up to
a total of 12 workweeks in any 12-month period for family care
and medical leave.  Family care and medical leave requested
pursuant to this subdivision shall not be deemed to have been
granted unless the employer provides the employee, upon granting
the leave request, a guarantee of employment in the same or a
comparable position upon the termination of the leave.  The
commission shall adopt a regulation specifying the elements of a
reasonable request.
   (b) Notwithstanding subdivision (a), it shall not be an
unlawful employment practice for an employer to refuse to grant
a request for family care and medical leave by an employee if
the employer employs less than 50 employees within 75 miles of
the worksite where that employee is employed.
   (c) For purposes of this section:
   (1) "Child" means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis who is either of the following:
   (A) Under 18 years of age.
   (B) An adult dependent child.
   (2) "Employer" means either of the following:
   (A) Any person who directly employs 50 or more persons to
perform services for a wage or salary.
   (B) The state, and any political or civil subdivision of the
state and cities.
   (3) "Family care and medical leave" means any of the
following:
   (A) Leave for reason of the birth of a child of the employee,
the placement of a child with an employee in connection with
the adoption or foster care of the child by the employee, or the
serious health condition of a child of the employee.
   (B) Leave to care for a parent or a spouse who has a serious
health condition.
   (C) Leave because of an employee's own serious health
condition that makes the employee unable to perform the
functions of the position of that employee, except for leave
taken for disability on account of pregnancy, childbirth, or
related medical conditions.
   (4) "Employment in the same or a comparable position" means
employment in a position that has the same or similar duties and
pay that can be performed at the same or similar geographic
location as the position held prior to the leave.
   (5) "FMLA" means the federal Family and Medical Leave Act of
1993 (P.L. 103-3).
   (6) "Health care provider" means any of the following:
   (A) An individual holding either a physician's and surgeon's
certificate issued pursuant to Article 4 (commencing with
Section 2080) of Chapter 5 of Division 2 of the Business and
Professions Code, an osteopathic physician's and surgeon's
certificate issued pursuant to Article 4.5 (commencing with
Section 2099.5) of Chapter 5 of Division 2 of the Business and
Professions Code, or an individual duly licensed as a physician,
surgeon, or osteopathic physician or surgeon in another state
                                               or jurisdiction,
who directly treats or supervises the treatment of the serious
health condition.
   (B) Any other person determined by the United States
Secretary of Labor to be capable of providing health care
services under the FMLA.
   (7) "Parent" means a biological, foster, or adoptive parent,
a stepparent, a legal guardian, or other person who stood in
loco parentis to the employee when the employee was a child.
   (8) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves either
of the following:
   (A) Inpatient care in a hospital, hospice, or residential
health care facility.
   (B) Continuing treatment or continuing supervision by a
health care provider.
   (d) An employer shall not be required to pay an employee for
any leave taken pursuant to subdivision (a), except as required
by subdivision (e).
   (e) An employee taking a leave permitted by subdivision (a)
may elect, or an employer may require the employee, to
substitute, for leave allowed under subdivision (a), any of the
employee's accrued vacation leave or other accrued time off
during this period or any other paid or unpaid time off
negotiated with the employer.  If an employee takes a leave
because of the employee's own serious health condition, the
employee may also elect, or the employer may also require the
employee, to substitute accrued sick leave during the period of
the leave.  However, an employee shall not use sick leave during
a period of leave in connection with the birth, adoption, or
foster care of a child, or to care for a child, parent, or
spouse with a serious health condition, unless mutually agreed
to by the employer and the employee.
   (f) (1) During any period that an eligible employee takes
leave pursuant to subdivision (a) or takes leave that qualifies
as leave taken under the FMLA, the employer shall maintain and
pay for coverage under a "group health plan," as defined in
Section 5000(b)(1) of the Internal Revenue Code of 1986, for the
duration of the leave, not to exceed 12 workweeks in a 12-month
period, commencing on the date leave taken under the FMLA
commences, at the level and under the conditions coverage would
have been provided if the employee had continued in employment
continuously for the duration of the leave.  Nothing in the
preceding sentence shall preclude an employer from maintaining
and paying for coverage under a "group health plan" beyond 12
workweeks.  An employer may recover the premium that the
employer paid as required by this subdivision for maintaining
coverage for the employee under the group health plan if both of
the following conditions occur:
   (A) The employee fails to return from leave after the period
of leave to which the employee is entitled has expired.
   (B) The employee's failure to return from leave is for a
reason other than the continuation, recurrence, or onset of a
serious health condition that entitles the employee to leave
under subdivision (a) or other circumstances beyond the control
of the employee.
   (2) Any employee taking leave pursuant to subdivision (a)
shall continue to be entitled to participate in employee health
plans for any period during which coverage is not provided by
the employer under paragraph (1), employee benefit plans,
including life, short-term, or long-term disability or accident
insurance, pension and retirement plans, and supplemental
unemployment benefit plans to the same extent and under the same
conditions as apply to an unpaid leave taken for any purpose
other than those described in subdivision (a).  In the absence
of these conditions an employee shall continue to be entitled to
participate in these plans and, in the case of health and
welfare employee benefit plans, including life, short-term, or
long-term disability or accident insurance, or other similar
plans, the employer may, at his or her discretion, require the
employee to pay premiums, at the group rate, during the period
of leave not covered by any accrued vacation leave, or other
accrued time off, or any other paid or unpaid time off
negotiated with the employer, as a condition of continued
coverage during the leave period.  However, the nonpayment of
premiums by an employee shall not constitute a break in service,
for purposes of longevity, seniority under any collective
bargaining agreement, or any employee benefit plan.
   For purposes of pension and retirement plans, an employer
shall not be required to make plan payments for an employee
during the leave period, and the leave period shall not be
required to be counted for purposes of time accrued under the
plan.  However, an employee covered by a pension plan may
continue to make contributions in accordance with the terms of
the plan during the period of the leave.
   (g) During a family care and medical leave period, the
employee shall retain employee status with the employer, and the
leave shall not constitute a break in service, for purposes of
longevity, seniority under any collective bargaining agreement,
or any employee benefit plan.  An employee returning from leave
shall return with no less seniority than the employee had when
the leave commenced, for purposes of layoff, recall, promotion,
job assignment, and seniority-related benefits such as vacation.

   (h) If the employee's need for a leave pursuant to this
section is foreseeable, the employee shall provide the employer
with reasonable advance notice of the need for the leave.
   (i) If the employee's need for leave pursuant to this section
is foreseeable due to a planned medical treatment or
supervision, the employee shall make a reasonable effort to
schedule the treatment or supervision to avoid disruption to the
operations of the employer, subject to the approval of the
health care provider of the individual requiring the treatment
or supervision.
   (j) (1) An employer may require that an employee's request
for leave to care for a child, a spouse, or a parent who has a
serious health condition be supported by a certification issued
by the health care provider of the individual requiring care.
That certification shall be sufficient if it includes all of the
following:
   (A) The date on which the serious health condition commenced.

   (B) The probable duration of the condition.
   (C) An estimate of the amount of time that the health care
provider believes the employee needs to care for the individual
requiring the care.
   (D) A statement that the serious health condition warrants
the participation of a family member to provide care during a
period of the treatment or supervision of the individual
requiring care.
   (2) Upon expiration of the time estimated by the health care
provider in subparagraph (C) of paragraph (1), the employer may
require the employee to obtain recertification, in accordance
with the procedure provided in paragraph (1), if additional
leave is required.
   (k) (1) An employer may require that an employee's request
for leave because of the employee's own serious health condition
be supported by a certification issued by his or her health
care provider.  That certification shall be sufficient if it
includes all of the following:
   (A) The date on which the serious health condition commenced.

   (B) The probable duration of the condition.
   (C) A statement that, due to the serious health condition,
the employee is unable to perform the function of his or her
position.
   (2) The employer may require that the employee obtain
subsequent recertification regarding the employee's serious
health condition on a reasonable basis, in accordance with the
procedure provided in paragraph (1), if additional leave is
required.
   (3) (A) In any case in which the employer has reason to doubt
the validity of the certification provided pursuant to this
section, the employer may require, at the employer's expense,
that the employee obtain the opinion of a second health care
provider, designated or approved by the employer, concerning any
information certified under paragraph (1).
   (B) The health care provider designated or approved under
subparagraph (A) shall not be employed on a regular basis by the
employer.
   (C) In any case in which the second opinion described in
subparagraph (A) differs from the opinion in the original
certification, the employer may require, at the employer's
expense, that the employee obtain the opinion of a third health
care provider, designated or approved jointly by the employer
and the employee, concerning the information certified under
paragraph (1).
   (D) The opinion of the third health care provider concerning
the information certified under paragraph (1) shall be
considered to be final and shall be binding on the employer and
the employee.
   (4) As a condition of an employee's return from leave taken
because of the employee's own serious health condition, the
employer may have a uniformly applied practice or policy that
requires the employee to obtain certification from his or her
health care provider that the employee is able to resume work.
Nothing in this paragraph shall supersede a valid collective
bargaining agreement that governs the return to work of that
employee.
   (l) It shall be an unlawful employment practice for an
employer to refuse to hire, or to discharge, fine, suspend,
expel, or discriminate against, any individual because of any of
the following:
   (1) An individual's exercise of the right to family care and
medical leave provided by subdivision (a).
   (2) An individual's giving information or testimony as to his
or her own family care and medical leave, or another person's
family care and medical leave, in any inquiry or proceeding
related to rights guaranteed under this section.
   (m) This section shall not be construed to require any
changes in existing collective bargaining agreements during the
life of the contract, or until January 1, 1993, whichever occurs
first.
   (n) The amendments made to this section by the act adding
this subdivision shall not be construed to require any changes
in existing collective bargaining agreements during the life of
the contract, or until February 5, 1994, whichever occurs first.

   (o) The provisions of this section shall be construed as
separate and distinct from those of Section 12945.
   (p) Leave provided for pursuant to this section may be taken
in one or more periods.  The 12-month period during which 12
workweeks of leave may be taken under this section shall run
concurrently with the 12-month period under the FMLA, and shall
commence the date leave taken under the FMLA commences.
   (q) In any case in which both parents entitled to leave under
subdivision (a) are employed by the same employer, the employer
shall not be required to grant leave in connection with the
birth, adoption, or foster care of a child that would allow the
parents family care and medical leave totaling more than the
amount specified in subdivision (a).
   (r) (1) Notwithstanding subdivision (a), an employer may
refuse to reinstate an employee returning from leave to the same
or a comparable position if all of the following apply:
   (A) The employee is a salaried employee who is among the
highest paid 10 percent of the employer's employees who are
employed within 75 miles of the worksite at which that employee
is employed.
   (B) The refusal is necessary to prevent substantial and
grievous economic injury to the operations of the employer.
   (C) The employer notifies the employee of the intent to
refuse reinstatement at the time the employer determines the
refusal is necessary under subparagraph (B).
   (2) In any case in which the leave has already commenced, the
employer shall give the employee a reasonable opportunity to
return to work following the notice prescribed by subparagraph
(C).
   (s) Leave taken by an employee pursuant to this section shall
run concurrently with leave taken pursuant to the FMLA, except
for any leave taken under the FMLA for disability on account of
pregnancy, childbirth, or related medical conditions.  The
aggregate amount of leave taken under this section or the FMLA,
or both, except for leave taken for disability on account of
pregnancy, childbirth, or related medical conditions, shall not
exceed 12 workweeks in a 12-month period.  An employee is
entitled to take, in addition to the leave provided for under
this section and the FMLA, the leave provided for in Section
12945, if the employee is otherwise qualified for that leave.
  SEC. 69. Section 12955.9 of the Government Code, as added by
Chapter 830 of the Statutes of 1993, is repealed.
  SEC. 70. Section 13960 of the Government Code is amended to
read:
   13960.  As used in this article:
   (a) (1) "Victim" means a resident of the State of California,
a member of the military stationed in California, or a family
member living with a member of the military stationed in
California who sustains injury or death as a direct result of a
crime.
   (2) "Derivative victim" means a resident of California who is
one of the following:
   (A) At the time of the crime was the parent, sibling, spouse,
or child of a victim.
   (B) At the time of the crime was living in the household of
the victim or who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph
(A).
   (C) Is another family member of the victim, including the
victim's fiance, and witnessed the crime.
   (b) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless
that injury is incurred by a victim who also sustains physical
injury or threat of physical injury.  For purposes of this
article, a victim of a crime committed in violation of Section
261, 270,  270a, 270c, 271, 272, 273a, 273b, 273d, 285, 286,
288, 288.1, 288a, or 289 of the Penal Code, who sustains
emotional injury is presumed to have sustained physical injury.

   (c) "Crime" means a crime or public offense that would
constitute a misdemeanor or a felony if committed in California
by a competent adult that results in injury to a resident of
this state, including a crime or public offense, wherever it may
take place, when the resident is temporarily absent from the
state.  No act involving the operation of a motor vehicle,
aircraft, or water vehicle that results in injury or death
constitutes a crime for the purposes of this article, except
that a crime shall include any of the following:
   (1) Injury or death intentionally inflicted through the use
of a motor vehicle, aircraft, or water vehicle.
   (2) Injury or death caused by a driver in violation of
Section 20001 of the Vehicle Code.
   (3) Injury or death caused by a person who is under the
influence of any alcoholic beverage or drug.
   (4) Injury or death caused by a driver of a motor vehicle in
the immediate act of fleeing the scene of a crime in which he or
she knowingly and willingly participated.
   For the purpose of the limitations imposed by this article, a
crime means one act or series of related acts arising from the
same course of conduct with the same perpetrator or
perpetrators.
   (d) "Pecuniary loss" means the following expenses for which
the victim or derivative victim has not been and will not be
reimbursed from any other source:
   (1) The amount of medical or medical-related expense incurred
by the victim, including in-patient psychological or
psychiatric expenses, and including, but not limited to,
eyeglasses, hearing aids, dentures, or any prosthetic device
taken, lost, or destroyed during the commission of the crime, or
the use of which became necessary as a direct result of the
crime.
   (2) The amount of out-patient mental health counseling
related expenses that became necessary as a direct result of the
crime.  These counseling services may be provided by a person
licensed as a clinical social worker or a person licensed as a
marriage, family, and child counselor practicing within the
scope of licensure, or within the scope of his or her respective
practice acts.
   (3) The loss of income or support that the victim or
derivative victim has incurred or will incur as a direct result
of an injury or death.
   (4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of
healing recognized by state law.
   (5) The amount of group or family psychiatric, psychological,
or mental health counseling expenses provided for the
successful treatment or recovery of the victim to family members
of the victim, whether or not the relationships existed at the
time of the crime.
   (e) "Board" means the State Board of Control.
   (f) "Victim centers" means those centers as specified in
Section 13835.2 of the Penal Code.
   (g) "Peer counselor" means a provider of mental health
counseling services who has completed a specialized course in
rape crisis counseling skills development, participates in
continuing education in rape crisis counseling skills
development, and provides rape crisis counseling in consultation
with a mental health practitioner licensed within the State of
California.
  SEC. 71. Section 14669.8 of the Government Code is amended to
read:
   14669.8.  (a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the San Francisco
Redevelopment Agency in connection with the redevelopment of the
350 McAllister/455 Golden Gate block in the City and County of
San Francisco.  The redevelopment shall include, but not be
limited to, demolition of existing structures, renovation,
financing, planning, acquisition, construction and equipping,
and furnishing of new state office buildings and parking
facilities, and any betterments, improvements, and facilities
related thereto, in the San Francisco Civic Center Area.  In
connection therewith, the director may enter into a
lease-purchase agreement, an agreement for the appointment of a
bond trustee, any other documents and agreements in connection
with the financing by sale of bonds or otherwise of the
development, and an agreement for the department to act as agent
for acquisition, planning, and construction matters, each of
which agreements shall be with the joint powers authority
created under the joint powers agreement.  In connection with
the development of any agreements authorized by this section or
any work or expenses related thereto, the joint powers authority
may use any funds lawfully available to it for those purposes,
and the department is empowered to use and expend those funds in
accordance with the terms of any agreement between the
department and the joint powers authority for the carrying out
of the works on the development.  The Treasurer shall be the
agent for sale, as defined in Chapter 9 (commencing with Section
5700) of Division 6 of Title 1, for any financing authorized by
this section.
   (b) Inasmuch as it is in the best interest of the people of
the State of California to consolidate state offices in the San
Francisco Civic Center Area as described in subdivision (a), at
the earliest opportunity, a "design-build" concept may be
utilized in meeting the objective of this section.
   (c) Notwithstanding any other provision of law, the joint
powers authority described in subdivision (a) shall have the
authority to borrow from the Pooled Money Investment Account as
provided in Sections 16312 and 16313.
  SEC. 72. Article 3.6 (commencing with Section 15346) of
Chapter 1 of Part 6.7 of Division 3 of Title 2 of the Government
Code, as added by Chapter 444 of the Statutes of 1993, is
repealed.
  SEC. 73. The heading of Article 3.6 (commencing with Section
15346) of Chapter 1 of Part 6.7 of Division 3 of Title 2 of the
Government Code, as added by Chapter 445 of the Statutes of
1993, is amended and renumbered to read:

      Article  3.7. California Defense Conversion Act of 1993

  SEC. 74. The heading of Chapter 11 (commencing with Section
15399.50) of Part 6.7 of Division 3 of Title 2 of the Government
Code, is amended and renumbered to read:

      CHAPTER  12.  DEPARTMENT OF PERMIT ASSISTANCE

  SEC. 75. Section 15819.32 of the Government Code is amended
and renumbered to read:
   15819.05.  (a) The State Public Works Board may issue revenue
bonds, negotiable notes, or negotiable bond anticipation notes
pursuant to Chapter 5 (commencing with Section 15830) of this
part to finance the acquisition of the facilities specified in
Sections 14016 and 14669.9.
   (b) The amount of revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be sold shall equal the
cost of acquisition, including land, construction, preliminary
plans and working drawings, construction management and
supervision, other costs relating to the design and construction
of the facilities, exercise of any purchase option, and any
additional sums necessary to pay interim and permanent financing
costs.  The additional amount may include interest and a
reasonable required reserve fund.
   (c) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings and
construction shall not exceed one hundred and seventy-five
million dollars ($175,000,000).
   (d) The State Public Works Board may authorize the
augmentation of the amount authorized by this section subject to
the limitations specified in Section 13332.11.
   (e) Notwithstanding Section 13340 of the Government Code,
funds derived from the interim and permanent financing or
refinancing of the facilities specified in Sections 14016 and
14669.9 are hereby continuously appropriated without regard to
fiscal year for these purposes.
  SEC. 76. Section 16367.5 of the Government Code is amended to
read:
   16367.5.  The Department of Economic Opportunity shall
receive and administer the federal Low-Income Home Energy
Assistance Programs Block Grant, provided for pursuant to the
Low-Income Home Energy Assistance Act of 1981, as amended (42
U.S.C. Sec. 8621 et seq.), and shall allocate funds received as
follows:
   (a) Five percent of the total federal allocation shall be
allocated for purposes of administration.  An additional 2.5
percent of the total federal allocation shall be set aside for
administrative purposes and made available upon request of the
Department of Finance, and pursuant to Section 28 of Chapter 99
of the Statutes of 1981.
   (b) An amount between 15 percent and 25 percent of the total
federal allocation shall be allocated for weatherization
services for eligible individuals.  For the purposes of this
subdivision, weatherization shall include all energy
conservation measures and energy efficient appliances that are
cost effective and improve energy efficiency.  For the purposes
of this subdivision, these services shall be available to
households where one or more individuals are receiving aid under
Chapter 2 (commencing with Section 11200) and Chapter 3
(commencing with Section 12000) of Part 3 of Division 9 of the
Welfare and Institutions Code, county general assistance
recipients under Part 5 (commencing with Section 17000) of
Division 9 of the Welfare and Institutions Code, Food Stamp
Program recipients, provided for under Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 of the Welfare and
Institutions Code, payments under Section 415, 521, 541, or 542
of Title 38 of the United States Code, or under Section 306 of
the Veterans' and Survivors' Pension Improvement Act of 1978,
and other households with incomes not exceeding an amount equal
to 150 percent of the federally established poverty level.
   (c) Twenty-five percent for the Energy Crisis Intervention
Program, to consist solely of emergency assistance to eligible
individuals for programs specified in this subdivision, who give
evidence of one or more of the following conditions:
   (1) Proof of utility shutoff notice.
   (2) Proof of energy termination.
   (3) Insufficient funds to establish a new energy account.
   (4) Insufficient funds to pay a current or delinquent utility
bill.
   (5) Insufficient funds to pay the cost of space heating
devices where no alternative source of space heating is
reasonably available.
   (6) Insufficient funds to pay for essential firewood.
   (7) Insufficient funds to pay for the cost of emergency
repairs to heating and cooling units.
   (8) Insufficient funds to pay energy costs for a household
where a household member's medical condition requires use of
life support or climate and temperature control systems.
   The crisis intervention program shall not include advocacy,
community mobilization, or community planning.
   The Energy Crisis Intervention Program shall be available to
households containing recipients of programs contained in
Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code and referred to in subdivision (c), and other
households with incomes not exceeding 130 percent of the
federally established poverty level.
   (d) The remainder of the total federal allocation shall be
utilized for aid for home energy costs for direct assistance
payments, which shall be distributed in accordance with
subdivision (b) of Section 16367.6.  Services shall be provided
to both of the following:
   (1) Households where one or more individuals are receiving
any of the following:
   (A) Aid to families with dependent children under the state's
plan approved under Part A of Title IV of the federal Social
Security Act (42 U.S.C.  Sec. 601 et seq.) and Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, other than aid in the form of
foster care received in accordance with Section 408 of the
federal Social Security Act.
   (B) Supplemental Security Income payments under Title XVI of
the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.)
and Chapter 3 (commencing with Section 12000) of Part 3 of
Division 9 of the Welfare and Institutions Code).
   (C) Food stamps received pursuant to Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 of the Welfare and
Institutions Code.
   (D) Payments under Section 415, 521, 541, or 542 of Title 38
of the United States Code, or under Section 306 of the Veterans'
and Survivors' Pension Improvement Act of 1978.
   (2) Households with incomes not exceeding the greater of
either an amount equal to 150 percent of the poverty level for
this state, or an amount equal to 60 percent of the state median
income, except that no household may be excluded from
eligibility under this paragraph if the household has an income
less than 110 percent of the poverty level of this state.

(e) The Department of Economic Opportunity shall contract with
local public or private nonprofit agencies to assist with
outreach, intake, and other activities to enroll eligible
individuals.
   (f) The program components provided for in subdivisions (b)
and (d) shall include activities to enroll eligible individuals,
especially the elderly and disabled, and to educate recipients
about general energy conservation practices and about the
availability of state and utility programs for free
weatherization of low-income homes.
   (g) The Department of Economic Opportunity and the Office of
Planning and Research may enter into an interagency agreement
concerning the education component of this section.  If an
agreement is entered into pursuant to this subdivision, it shall
provide that the Office of Planning and Research shall contract
with local public or private nonprofit agencies for the
education component.  In order to maximize the efficiency of
these programs, the Office of Planning and Research shall
contract, to the extent feasible, with community-based
organizations and community-action agencies providing crisis
intervention grants under this section.
  SEC. 77. Section 20013.7 of the Government Code is amended to
read:
   20013.7.  (a) Effective January 1, 1985, there shall be an
alternative level of benefits available to the following state
miscellaneous members:  (1) members who are excluded from the
definition of state employee in subdivision (c) of Section 3513;
(2) members employed by the executive branch of government who
are not members of the civil service; and (3) members in state
bargaining units for which a memorandum of understanding has
been agreed to by the state employer and the recognized employee
organization to become subject to this section.  Effective
September 1, 1986, this section shall apply to members employed
by the state as provided for in Article VI of the California
Constitution.  The board shall provide the affected members a
one-month election period commencing on August 1, 1986.  This
section does not apply to state miscellaneous members employed
by the California State University or the University of
California.  This section shall not apply to any employee
described by Section 20364 unless and until the employer, as
defined in Section 20817, adopts a resolution approving that
application.
   (b) Effective September 1, 1986, there shall be an alternate
level of benefits available to the following state industrial
members:  (1) members in state bargaining units for which a
memorandum of understanding has been agreed to by the state
employer and the recognized employee organization to become
subject to this section; (2) members who are excluded from the
definition of state employees in subdivision (c) of Section
3513; and (3) members employed by the executive branch of
government who are not members of the civil service.  The board
shall provide the affected members a one-month election period
commencing on August 1, 1986.
   (c) Members eligible to participate in the alternative level
of benefits, referred to in this part as the Second Tier, may
make an irrevocable election during the period from November 1,
1988, through October 31, 1989, to:  (1) become subject to the
Second Tier benefits provided for in Section 21251.146 for all
past state miscellaneous and state industrial service and all
future state miscellaneous and state industrial service not
excluded by this section; (2) become subject to the Second Tier
benefits provided for in Section 21251.147 for state
miscellaneous and state industrial service not excluded by this
section rendered on and after the effective date of the election
to be subject to  the Second Tier.  Any election by a member to
be subject to Section 21251.146 or 21251.147 shall also be
signed by the spouse of the member and both signatures shall be
notarized; (3) become subject to the First Tier retirement
formula prescribed by Section 21251.13 for state miscellaneous
and state industrial service rendered on or after the effective
date of the election, provided that the member had previously
elected coverage pursuant to Section 21251.146 or 21251.147 and
makes the contributions specified in Section 20603; or (4)
become subject to the First Tier retirement formula prescribed
by Section 21251.13 for all past and future state miscellaneous
and state industrial service, provided that the member had
previously elected coverage pursuant to Section 21251.146 or
21251.147 and the member makes the contributions specified in
Sections 20603 and 20813.5.  The right of eligible members to
elect coverage under the retirement formula of their choice
shall apply solely during the above-prescribed one-year period,
subject to conditions to be established and communicated by the
board.
   Thereafter, the board shall provide a 30-day period every
five years for eligible members to make an irrevocable election
to be subject to the Second Tier benefits provided for in
Section 21251.146 or 21251.147.  Eligible members who previously
elected Section 21251.147 may make an irrevocable election to
become subject to Section 21251.146 for all past state
miscellaneous and state industrial service during this election
period.  The first election period shall be held five years from
the ending date of the one-year election period specified in
this subdivision.
   The effective date of any election filed with the board shall
be the first of the month following the date the election is
received in the system, provided the  election meets the
conditions set by the board.  Any election filed with the  board
under this subdivision shall also be signed by the spouse of
the member and both signatures shall be notarized.
   (d) Persons who become state miscellaneous or state
industrial members described in this section or who become such
members under Article 3 (commencing with Section 20360) of
Chapter 3 of this part on or after the Second Tier effective
date applicable to the member, shall be subject to Section
21251.147 unless an election is filed with the board to be
subject to Section 21251.13 and the member makes the
contributions specified in Section 20603.  The appointing
authority shall provide the member with the election form and
the member shall exercise the election within one year of
becoming a member.  The effective date of the election shall be
the date on which the member became a state miscellaneous or
state industrial member.
   (e) A state miscellaneous or state industrial member who, on
or after the effective date of an election to be subject to
Section 21251.146 or 21251.147, ceases to be a member pursuant
to Section 20390 or 20390.1 shall, upon again becoming a state
miscellaneous or state industrial member, be subject to Section
21251.146 or 21251.147 in accordance with his or her previous
irrevocable election.  This subdivision does not apply to
persons who return to membership as employees of the California
State University.
   Except as otherwise provided in this part, a state
miscellaneous or state industrial member subject to Section
21251.146 or 21251.147 is subject to all other provisions
applicable to state miscellaneous members except those
provisions that provide for the payment of an annuity based on
contributions.  Notwithstanding any other provision of this
part, member contributions are not required for any service
credit that is subject to Section 21251.146.
   (f) The board shall report to the Governor, the Legislature,
and the Department of Personnel Administration on the savings
that are the result of the implementation of the Second Tier
retirement plan for state miscellaneous and state industrial
members.  The report shall first be submitted in April 1986, and
annually in April of every year thereafter until April 1994.
  SEC. 78. Section 20013.75 of the Government Code is amended to
read:
   20013.75.  (a) It is the intent of the Legislature that the
Department of Personnel Administration, in conjunction with the
recognized state employee organizations, develop alternatives to
the Second Tier retirement plan by June 30, 1992.  The
alternative plan may include enhanced benefits or provide
benefits under a defined contribution program.  However, the
state employer's contribution to the alternative plan shall not
be greater than the state's contribution rate to the current
Second Tier.  At the time that an alternative plan is agreed to
and implemented, employees who were placed in the Second Tier
shall be given an opportunity to elect coverage in the new
alternative plan.  In the event no alternative plan is
implemented by June 30, 1992, employees shall remain in the
Second Tier.
   (b) Notwithstanding any other provision of this article,
except as provided in subdivision (c), persons who first become
state miscellaneous or state industrial members of the system on
or after July 1, 1991, and who are either:  (1) excluded from
the definition of state employee in subdivision (c) of Section
3513; (2) employed by the executive branch of government who are
not members of the civil service; or (3) included in the
definition of state employee in subdivision (c) of Section 3513
shall become subject to Section 21251.146.
   (c) Any person who was a member on or before June 30, 1991,
eligible to elect membership on or before June 30, 1991, or who
was employed in any position on or before June 30, 1991, that
would lead to membership as a state member, as defined in
Section 20013, and who thereafter enters employment subject to
Section 21251.146 shall be granted the rights provided in
subdivision (d) of Section 20013.7, unless the person had
earlier made an irrevocable election to be subject to Section
21251.146 or 21251.147.  The one-year period in which to make
the election provided in subdivision (d) of Section 20013.7 for
any member who became a state member prior to January 1, 1994,
shall commence with the mailing of a notice by the system to the
member, of his or her election right.  The effective date of
the election shall be the date on which the member became a
state miscellaneous or state industrial member.  The member
shall be obligated to make the contributions specified in
Section 20603.
   (d) This section shall not apply to state miscellaneous
members employed by the California State University or employees
described in Section 20364.
  SEC. 79. Section 26751 of the Government Code, as added by
Chapter 1268 of the Statutes of 1993, is repealed.
  SEC. 80. Section 41612 of the Government Code, as added by
Chapter 1268 of the Statutes of 1993, is repealed.
  SEC. 81. Section 53115.1 of the Government Code is repealed.

  SEC. 82. Section 54925.1 of the Government Code, as added by
Chapter 1136 of the Statutes of 1993, is repealed.
  SEC. 83. Section 54952.2 of the Government Code, as added by
Chapter 1136 of the Statutes of 1993, is repealed.
  SEC. 84. Section 56375 of the Government Code is amended to
read:
   56375.  The commission shall have all of the following powers
and duties subject to any limitations upon its jurisdiction set
forth in this part:
   (a) To review and approve or disapprove with or without
amendment, wholly, partially, or conditionally, proposals for
changes of organization or reorganization.  Effective July 1,
1994, the commission may initiate proposals for consolidation of
districts, as defined in Section 56036, dissolution, merger, or
establishment of a subsidiary district, or a reorganization
that includes any of these changes of organization.  A
commission shall have the authority to initiate a consolidation
of districts, dissolution, merger, establishment of a subsidiary
district, or a reorganization that includes any of these
changes of organization only if that change of organization or
reorganization is consistent with a recommendation or conclusion
of a study prepared pursuant to Section 56378 or 56425.
However, a commission shall not have the power to disapprove an
annexation to a city, initiated by resolution, of contiguous
territory that the commission finds is either:
   (1) Surrounded or substantially surrounded by the city to
which the annexation is proposed or by that city and a county
boundary or the Pacific Ocean if the territory to be annexed is
substantially developed or developing, is not prime agricultural
land as defined in Section 56064, is designated for urban
growth by the general plan of the annexing city, and is not
within the sphere of influence of another city.
   (2) Located within an urban service area that has been
delineated and adopted by a commission, is not prime
agricultural land, as defined by Section 56064, and is
designated for urban growth by the general plan of the annexing
city.
   As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which
the annexation is proposed, the commission may require, where
consistent with the purposes of this division, that the
annexation include the entire island of surrounded, or
substantially surrounded, territory.
   A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.  When the development
purposes are not made known to the annexing city, the annexation
shall be reviewed on the basis of the adopted plans and
policies of the annexing city or county.  This paragraph does
not prohibit a commission from requiring, as a condition to
annexation, that a city prezone the territory to be annexed.
However, the commission shall not specify how, or in what
manner, the territory shall be prezoned.
   (b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or
detachment, to determine whether territory proposed for
annexation or detachment, as described in the resolution
approving the annexation, detachment, or reorganization, is
inhabited or uninhabited.
   (c) With regard to a proposal for consolidation of two or
more cities or districts, to determine which city or district
shall be the consolidated, successor city or district.
   (d) To approve the annexation to a city after notice and
hearing, and authorize the conducting authority to order
annexation of the territory without an election, if the
commission finds that the territory contained in an annexation
proposal meets all of the following requirements:
   (1) It does not exceed 75 acres in area, that area
constitutes the entire island, and the island does not
constitute a part of an unincorporated area that is more than
100 acres in area.
   (2) It is surrounded in either of the following ways:
   (A) Surrounded, or substantially surrounded, by the city to
which annexation is proposed or by the city and a county
boundary or the Pacific Ocean.
   (B) Surrounded by the city to which annexation is proposed
and adjacent cities.
   (3) It is substantially developed or developing.  The finding
required by this paragraph shall be based upon one or more
factors, including, but not limited to, any of the following
factors:
   (A) The availability of public utility services.
   (B) The presence of public improvements.
   (C) The presence of physical improvements upon the parcel or
parcels within the area.
   (4) It is not prime agricultural land, as defined by Section
56064.
   (5) It will benefit from the annexation or is receiving
benefits from the annexing city.
   (e) To approve the annexation of unincorporated,
noncontiguous territory, subject to the limitations of Section
56111, that is located in the same county as that in which the
city is located and is owned by a city and used for municipal
purposes, and to authorize the conducting authority to annex the
territory without notice and hearing.
   (f) Subject to Section 56029, to designate in the resolution
making determinations the conducting authority for proceedings.

   (g) When a change of organization or a reorganization
includes the annexation of inhabited territory to a city and the
assessed value of land within the territory equals one-half or
more of the assessed value of land within the city, or the
number of registered voters residing within the territory equals
one-half or more of the number of registered voters residing
within the city, to determine as a condition of the proposal
that the change of organization or reorganization shall also be
subject to confirmation by the voters in an election to be
called, held, and conducted within the territory of the city to
which annexation is proposed.
   (h) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district.  The number of registered voters shall be calculated
as of the time of the last report of voter registration by the
county clerk to the Secretary of State prior to the date the
first signature was affixed to the petition.  The executive
officer shall notify the petitioners of the number of registered
voters resulting from this calculation.
   (i) To adopt written procedures for the evaluation of
proposals.  The commission may adopt standards for any of the
factors enumerated in Section 56841.  Any standards adopted by
the commission shall be written.
   (j) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the
initiation of a change of organization or reorganization
pursuant to subdivision (a).
   (k) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
   (l) To incur usual and necessary expenses for the
accomplishment of its functions.
   (m) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out
and effect the functions of the commission.
   (n) To review the boundaries of the territory involved in any
proposal with respect to the definiteness and certainty of
those boundaries, the nonconformance of proposed boundaries with
lines of assessment or ownership, and other similar matters
affecting the proposed boundaries.
   (o) To waive the restrictions of Section 56109 if it finds
that the application of the restrictions would be detrimental to
the orderly development of the community and that the area that
would be enclosed by the annexation or incorporation is so
located that it cannot reasonably be annexed to another city or
incorporated as a new city.
   (p) To waive the application of Section 25210.90 or 22613 of
the Streets and Highways Code if it finds that the application
would deprive an area of a service needed to ensure the health,
safety, or welfare of the residents of the area and that the
waiver would not affect the ability of a city to provide any
service.  However, within 60 days of the inclusion of the
territory within the city, the legislative body may adopt a
resolution nullifying the waiver.
   (q) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as
defined in Section 2215 of the Revenue and Taxation Code, the
commission shall determine the property tax revenue to be
exchanged by the affected local agencies pursuant to Section
56842.
  SEC. 85. Section 68059 of the Government Code is amended to
read:
   68059.  (a) The Fresno Metropolitan Projects Authority is
hereby established.
   (b) The authority shall be governed by a 13-member board of
directors comprised of:
   (1) One representative of the Board of Supervisors of Fresno
County.
   (2) One representative of the Fresno City Council.
   (3) One representative of the Eleventh District of the Parent
Teachers' Association.
   (4) One representative of an ad hoc committee of retired
judges from Fresno County's local and state benches.
   (5) One representative of the Fresno City and County Chamber
of Commerce.
   (6) One representative of the Older Americans Association of
Fresno County.
   (7) One representative of an ad hoc committee of
representatives of the Taxpayers Association of Fresno County
and the San Joaquin Taxpayers Association.
   (8) One representative of the Citizens for Community
Enrichment.
   (9) One representative of the Fresno County Farm Bureau.
   (10) One representative of the Fresno-Madera Central Labor
Council.
   (11) One representative of the League of Mexican-American
Women.
   (12) One representative of the West Fresno Ministerial
Alliance.
   (13) One representative of the California Retired Teachers
Association, Fresno County Division.
   (c) Vacancies in any of the board positions shall be filled
by the appointing entity or organization.
   (d) Board members shall serve for a term of four years.
   (e) All members of the board shall reside within the
boundaries of the authority.
   (f) All members of the board are limited to serving two
consecutive terms.
   (g) The number of members of the board may be increased to 15
by an affirmative vote of the majority of the members of the
board.
   (h) All members of the board shall file statements of
economic interests pursuant to Chapter 9.5 (commencing with
Section 89500) of Title 9.
  SEC. 86. Section 95004 of the Government Code is amended to
read:
   95004.  This title shall become operative upon the repeal of
Title 14 (commencing with Section 95000) as added by Section 2
of Chapter 945 of the Statutes of 1993.
  SEC. 87. Section 658.3 of the Harbors and Navigation Code is
amended to read:
   658.3.  (a) No person shall operate a motorboat, sailboat, or
vessel that is 26 feet or less in length unless every person on
board who is six years of age or less is wearing a type I, II,
or III Coast Guard-approved personal flotation device while that
motorboat, sailboat, or vessel is underway.
   (b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is six years of age or less is
restrained by a harness tethered to the vessel, or to a person
operating a vessel on which a person who is six years of age or
less is in an enclosed cabin.
   (c) Subdivision (a) does not apply to a person operating a
motorboat, sailboat, or vessel if the operator is reacting to an
emergency rescue situation.
   (d) The following definitions govern the construction of this
section:
   (1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
   (2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while
it is underway.
   (3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
   (e) A violation of this section is an infraction punishable
as provided in subdivision (a) of Section 668.
  SEC. 88. Section 1126 of the Harbors and Navigation Code is
amended to read:
   1126.  (a) Every person who is not the master or owner of the
vessel or who does not hold a license as a pilot or as an
inland pilot issued pursuant to this division, and who pilots
any vessel into or out of any harbor or port of the Bay of San
Francisco, San Pablo, or Suisun, or who acts as a pilot for ship
movements or special operations upon the waters of any of those
bays, is guilty of a misdemeanor.  In addition to the fines or
other penalties provided by law, the court may order that person
to pay to the pilot who is entitled to pilot the vessel the
amount of pilotage fees collected.
   (b) Any person may also be enjoined from engaging in the
pilotage prescribed by subdivision (a) by a court of competent
jurisdiction.
   (c) This section does not apply to any of the following
persons:
   (1) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
   (2) Persons piloting vessels when a pilot is not available or
is unable to reach the vessel.
   (3) Persons piloting vessels sailing under an enrollment, as
specified in Section 1127.
   (4) Persons piloting vessels pursuant to Section 1179.
   (5) Persons piloting vessels when a state-licensed pilot is
prevented from joining or refuses to join the vessel.  However,
a vessel may not hire a pilot not licensed by the state until
both of the following occur:
   (A) A representative of the vessel notifies the executive
director of the board, or his or her designee, that this
paragraph applies.
   (B) The executive director immediately notifies the
representative of the organization composed of state-licensed
pilots, or his or her designee, that the vessel will hire a
pilot not licensed by the state unless a state-licensed pilot
offers to join the vessel immediately.
  SEC. 89. Section 1171.5 of the Harbors and Navigation Code is
amended to read:
   1171.5.  (a) The board shall adopt, by regulation, licensing
standards that equal or exceed standards for obtaining federal
endorsements and that conform with and support the state policy
specified in Sections 1100 and 1101.
   (b) The board shall adopt reasonable rules and regulations
that require pilots to be qualified to perform all pilot duties.

   (c) The board shall adopt, by regulation, training standards
and a training program for pilots, inland pilots, and pilot
trainees.  In the case of pilot trainees, the training program
shall be for a minimum of one year and a maximum of three years.
  In the case of pilots and inland pilots, the board shall
specify the type, nature, duration, and frequency of the
training required and the identity of the pilots or inland
pilots who are required to undergo training in the next 12-month
period.  Pursuant to Section 1182, the license of a pilot or
inland pilot may be revoked or suspended if he or she fails to
complete the training required by this subdivision during the
period specified.  The board shall also require that an
evaluation of the pilot's or inland pilot's performance be
prepared by the institution selected by the board to provide
pilot training, and the institution shall provide copies of the
evaluation to the pilot or inland pilot and to the pilot
evaluation committee.
   (d) The board shall adopt, by regulation, the qualifications,
standards, and rating criteria for admission of pilot trainees
to the training program.  Notwithstanding subdivision (f), the
board shall administer and conduct the pilot trainee admission
selection in accordance with the regulations for admission.
   (e) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Bays of San Francisco, San Pablo,
and Suisun.  The board shall
            select the members of the pilot evaluation
committee.  A member may not serve for more than two four-year
terms, except that two of the initial members appointed to the
pilot evaluation committee shall serve terms of two years.
   (f) The pilot evaluation committee shall conduct and
supervise the pilot training programs pursuant to the direction
and regulation of the board and consistent with the intent of
this division.
   (g) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training
program.  The board shall not issue a pilot's license to any
person who does not receive a certificate of completion of the
training program from the board, although the board may refuse
to issue a pilot license to a  pilot trainee who has received
this certificate.
   (h) The training program for pilots, inland pilots, and pilot
trainees shall be funded from the Board of Pilot Commissioners'
Special Fund pursuant to Section 1159.
  SEC. 90. Section 429.13 of the Health and Safety Code, as
added by Chapter 639 of the Statutes of 1991, is amended and
renumbered to read:
   429.20.  The Legislature hereby finds and declares all of the
following:
   (a) More than 700,000 California health care workers and
professionals, such as nurses, physicians and surgeons and
housekeeping staff, daily put their lives at risk of infection
from deadly, bloodborne diseases in order to provide health care
for all Californians.
   (b) Nationally, more than 1,000 health care personnel a year
are infected with Hepatitis B, and 250 die of this disease.
   (c) Approximately 30 cases of occupational exposure to HIV
have been conclusively documented by the federal Centers for
Disease Control.
   (d) Studies estimate that it is likely that several hundred
health care workers nationwide have been infected with HIV on
the job.
   (e) Some bloodborne diseases, including infection with HIV,
can be prevented only through avoiding exposure to the pathogen.

   (f) In 1989, the federal Occupational Safety and Health
Administration estimated that health care personnel suffer
889,000 exposures to bloodborne diseases annually nationwide and
that 790,000 of these exposures results from injuries from
sharp instruments, including needle sticks.
   (g) During a six-month period, more than 200 exposures of
health care personnel to blood and other bodily fluids were
documented at a single hospital, the Medical Center at the
University of California, San Francisco.
   (h) While most health care employers have implemented
rigorous, universal infection control procedures, requiring
gloving and other protective equipment, exposure to bloodborne
diseases continues to be a major risk for health care workers.
   (i) As the federal Occupational Safety and Health
Administration has noted, gloving and other protective devices
cannot prevent puncture injuries from needles and other sharp
instruments.
   (j) Medical devices, such as needles and intravenous tubing,
are reviewed by the federal Food and Drug Administration for
patient safety and efficacy but are not reviewed by any state or
federal agency for worker safety.
   (k) It is estimated that improved product design of medical
devices, such as needles, syringes, connectors for intravenous
tubes, and vacuum tubes used to draw blood could reduce injuries
involving exposure to blood by as much as 85 percent.
  SEC. 91. Section 429.14 of the Health and Safety Code, as
added by Chapter 639 of the Statutes of 1991, is amended and
renumbered to read:
   429.21.  It is the intent of the Legislature in enacting this
article to reduce exposure of health care personnel to deadly,
bloodborne diseases by encouraging the development and use of
medical devices that are designed to assure worker safety as
well as the safety of patients and the efficacy of the device.

  SEC. 92. Section 429.15 of the Health and Safety Code, as
added by Chapter 639 of the Statutes of 1991, is amended and
renumbered to read:
   429.22. (a) The program on occupational health and
occupational disease prevention of the state department shall do
all of the following:
   (1) In coordination with the Division of Occupational Safety
and Health, review and analyze existing studies, data, and other
information on safety-enhanced product design of medical
devices that place health care workers at risk of exposure to
bloodborne diseases including, but not limited to, syringes and
intravenous tubing that have sharp points.
   (2) Collect and evaluate information from health facilities
that are using medical devices that have been redesigned to
enhance worker safety.
   (3) To the extent that funding is available, conduct
demonstration projects to test the use of safety enhanced
medical devices at health facilities that volunteer to
participate in these projects.
   (4) Report to the Legislature and the Department of
Industrial Relations its findings regarding the use of
safety-enhanced product design for medical devices.  These
findings shall include analysis and recommendations regarding
projected cost savings to health facilities, actual improvement
in worker safety, and continued patient safety and efficacy.
   (b) The duties required by this section shall be performed to
the extent that the state department obtains funds from private
sources and the federal government.
  SEC. 93. Section 429.16 of the Health and Safety Code is
amended to read:
   429.16.  (a) A program is hereby established within the
department to meet the requirements of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec.
4851 and following) and Title X of the Housing and Community
Development Act of 1992 (P.L. 102-550).
   (b) The department shall implement and administer the
program.  The department shall have powers and authority
consistent with the intent of, and shall promulgate regulations
to establish the program as an authorized state program pursuant
to, Title IV, Section 402 to 404, inclusive, of the Toxic
Substances Control Act (15 U.S.C. Sec. 2601 and following).
   (c) Regulations regarding accreditation of training providers
that are promulgated pursuant to subdivision (b) shall include,
but not be limited to, provisions governing accreditation of
providers of health and safety training to employees who engage
in or supervise lead-related construction work as defined in
Section 6716 of the Labor Code, and certification of employees
who have successfully completed that training.  Regulations
regarding accreditation of training providers shall, as a
condition of accreditation, require providers to offer training
that meets the requirements of Section 6717 of the Labor Code.
The department shall, not later than August 1, 1994, adopt
regulations establishing fees for the accreditation of training
providers, the certification of individuals, and the licensing
of entities engaged in lead-related occupations.  The fees
imposed under this subdivision shall be established at levels
not exceeding an amount sufficient to cover the costs of
administering and enforcing the standards and regulations
promulgated under this section.  The fees established pursuant
to this subdivision shall not be imposed on any state or local
government or nonprofit training program.
   (d) All regulations affecting the training of employees shall
be adopted in consultation with the Division of Occupational
Safety and Health.  The regulations shall include provisions for
allocating to the division an appropriate portion of funds to
be expended for the program for the division's cost of enforcing
compliance with training and certification requirements.  The
department shall adopt regulations to establish the program on
or before August 1, 1994.
   (e) The department shall review and amend its training,
certification, and accreditation regulations promulgated under
this section as is necessary to ensure continued eligibility for
federal and state funding of lead-hazard reduction activities
in the state.
  SEC. 94. Section 1250.1 of the Health and Safety Code, as
added by Chapter 931 of the Statutes of 1993, is amended and
renumbered to read:
   1250.03.  A rural general acute care hospital that does not
provide surgical and anesthesia services shall maintain written
transfer agreements with one or more general acute care
hospitals that provide surgical and anesthesia services.
  SEC. 95. Section 1259.5 of the Health and Safety Code is
amended to read:
   1259.5.  By January 1, 1995, each general acute care
hospital, acute psychiatric hospital, special hospital,
psychiatric health facility, and chemical dependency recovery
hospital shall establish written policies and procedures to
screen patients routinely for the purpose of detecting spousal
or partner abuse.  The policies shall include guidelines on all
of the following:
   (a) Identifying, through routine screening, spousal or
partner abuse among patients.
   (b) Documenting patient injuries or illnesses attributable to
spousal or partner abuse.
   (c) Educating appropriate hospital staff about the criteria
for identifying, and the procedures for handling, patients whose
injuries or illnesses are attributable to spousal or partner
abuse.
   (d) Advising patients exhibiting signs of spousal or partner
abuse of crisis intervention services that are available either
through the hospital facility or through community-based crisis
intervention and counseling services.
   (e) Providing to patients who exhibit signs of spousal or
partner abuse information on domestic violence and a referral
list, to be updated periodically, of private and public
community agencies that provide, or arrange for, evaluation of
and care for persons experiencing spousal or partner abuse,
including, but not limited to, hot lines, local battered women's
shelters, legal services, and information about temporary
restraining orders.
  SEC. 96. Section 1266 of the Health and Safety Code is amended
to read:
   1266.  (a) Each new and renewal application for a license for
the health facilities listed below shall be accompanied by an
annual fee as set forth below.
   (1) The annual fee for a general acute care hospital, acute
psychiatric hospital, special hospital, and chemical dependency
recovery  hospital, based on the number of licensed beds, is as
follows:
               1-49 beds                   $460 plus $8 per bed
              50-99 beds                   $850 plus $8 per bed
             100 or more beds            $1,175 plus $8 per bed

   (2) The annual fee for a skilled nursing facility,
intermediate care facility, and intermediate care
facility/developmentally disabled, based on the number of
licensed beds, is as follows:
               1-59 beds               $2,068 plus $26 per bed
              60-99 beds               $2,543 plus $26 per bed
             100 or more beds          $3,183 plus $26 per bed

   (3) The fees specified in this subdivision shall be adjusted,
commencing July 1, 1983, as proposed in the state department's
1983-84 fiscal year Health Facility License Fee Report to the
Legislature.  Commencing July 1, 1984, fees provided in this
subdivision shall be adjusted annually, as directed by the
Legislature in the annual Budget Act.
   (b) (1) By March 17 of each year, the State Department of
Health Services shall make available to interested parties, upon
request, information regarding the methodology and calculations
used to determine the fee amounts specified in this section,
the staffing and systems analysis required under subdivision
(e), the program costs associated with the licensing provisions
of this division, and the actual numerical fee charges to be
implemented on June 30 of that year.  The methodology and
calculations used to determine the fee amounts shall result in
fee levels that are sufficient to provide revenues equal to the
sum of the following:
   (A) The General Fund expenditures for the fiscal year ending
on June 30 of that year, as specified in the Governor's proposed
budget, less license fees estimated to be collected in that
fiscal year under the licensing provisions of this division,
excluding licensing fees collected pursuant to this section.
   (B) The amount of federal funds budgeted for the fiscal year
ending June 30 of that year for the licensing provisions of the
division, less federal funds received or credited, or
anticipated to be received or credited, during that fiscal year
for that purpose.
   The methodology for calculating the fee levels shall include
an adjustment that takes into consideration the actual amount of
license fee revenue collected pursuant to this section for that
prior fiscal year.
   (2) The information specified in paragraph (1) shall
specifically identify federal funds received, but not previously
budgeted, for the licensing provisions of this division that
are used to offset the amount of General Fund money to be
recovered through license fees.  The information also shall
identify the purpose of federal funds received for any
additional activities under the licensing provisions of this
division that are not used to offset the amount of General Fund
money.
   (c) The annual fees determined pursuant to this section shall
be waived for any health facility conducted, maintained, or
operated by this state or any state department, authority,
bureau, commission, or office, by the Regents of the University
of California, or by a local hospital district, city, county, or
city  and county.
   (d) The department shall, by July 30 of each year, publish a
list of actual numerical fee charges as adjusted pursuant to
this section.  This adjustment of fees and the publication of
the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code.  If the published list of fees
is higher than that made available to interested parties
pursuant to subdivision (b), the affected health facilities may
choose to pay the fee in the amount presented at the public
hearing and to defer payment of the additional increment until
60 days after publication of the list of fees pursuant to this
subdivision.
   (e) Prior to the establishment of the annual fee, the state
department shall prepare a staffing and systems analysis to
ensure the efficient and effective utilization of fees
collected, and the proper allocation of departmental resources
to licensing and certification activities, survey schedules,
complaint investigations, enforcement and appeal activities,
data collection and dissemination, surveyor training, and policy
development.
   The analysis prepared under this subdivision shall be
included in the information made available pursuant to
subdivision (b), and shall include all of the following:
   (1) The number of surveyors and administrative support
personnel devoted to the licensing and certification of health
care facilities.
   (2) The percentage of time devoted to licensing and
certification activities for the various types of health
facilities.
   (3) The number of facilities receiving full surveys and the
frequency and number of followup visits.
   (4) The number and timeliness of complaint investigations.
   (5) Data on deficiencies and citations issued, and numbers of
citation review conferences and arbitration hearings.
   (6) Training courses provided for surveyors.
   (7) Other applicable activities of the licensing and
certification division.
   The analysis also shall include recommendations for
administrative changes to streamline and prioritize the survey
process, complaint investigations, management information
systems, word processing capabilities and effectiveness,
consumer information system, and surveyor training.
   The annual staffing and systems analysis shall be presented
to the Health Care Advisory Committee and the Legislature prior
to the establishment and adoption of the annual fee.
   (f) The annual fee for a congregate living health facility
shall initially be based, until adjusted by the Legislature in a
Budget Act, on the number of licensed beds as follows:
               1-3 beds               $  800
               4-6 beds               $1,000
               7-10 beds              $1,200
              11-15 beds              $1,500
              16 or more beds         $1,700

Commencing July 1, 1991, fees specified in this subdivision
shall be adjusted annually, as directed by the Legislature in
the annual Budget Act.
   (g) The annual fee for a pediatric day health and respite
care facility, as defined in Section 1760.2, shall initially be
based, until adjusted by the Legislature in a Budget Act, on the
number of licensed beds as follows:
           1-3 beds or clients                $  800
           4-6 beds or clients                $1,000
           7-10 beds or clients               $1,200
          11-15 beds or clients               $1,500
          16 or more beds or clients          $1,700 plus $50
for each
                                              additional bed or
client
                                              over 16 beds or
clients

Commencing July 1, 1993, fees provided in this subdivision shall
be adjusted annually, as directed by the Legislature in the
annual Budget Act.
  SEC. 97. Section 1357 of the Health and Safety Code is amended
to read:
   1357.  As used in this article:
   (a) "Dependent" means the spouse or child of an eligible
employee, subject to applicable terms of the health care plan
contract covering the employee, and includes dependents of
guaranteed association members if the association elects to
include dependents under its health coverage at the same time it
determines its membership composition pursuant to subdivision
(o).
   (b) "Eligible employee" means either of the following:
   (1) Any permanent employee who is actively engaged on a
full-time basis in the conduct of the business of the small
employer with a normal workweek of at least 30 hours, at the
small employer's regular places of business, who has met any
statutorily authorized applicable waiting period requirements.
The term includes sole proprietors or partners of a partnership,
if they are actively engaged on a full-time basis in the small
employer's business and included as employees under a health
care plan contract of a small employer, but does not include
employees who work on a part-time, temporary, or substitute
basis.  It includes any eligible employee as defined in this
paragraph who obtains coverage through a guaranteed association.
  Employees of employers purchasing through a guaranteed
association shall be deemed to be eligible employees if they
would otherwise meet the definition except for the number of
persons employed by the employer.
   (2) Any member of a guaranteed association as defined in
subdivision (o).
   (c) "In force business" means an existing health benefit plan
contract issued by the plan to a small employer.
   (d) "Late enrollee" means an eligible employee or dependent
who has declined enrollment in a health benefit plan offered by
a small employer at the time of the initial enrollment period
provided under the terms of the health benefit plan and who
subsequently requests enrollment in a health benefit plan of
that small employer, provided that the initial enrollment period
shall be a period of at least 30 days.  It also means any
member of an association that is a guaranteed association as
well as any other person eligible to purchase through the
guaranteed association when that person has failed to purchase
coverage during the initial enrollment period provided under the
terms of the guaranteed association's plan contract and who
subsequently requests enrollment in the plan, provided that the
initial enrollment period shall be a period of at least 30 days.
  However, an eligible employee, any other person eligible for
coverage through a guaranteed association pursuant to
subdivision (o), or dependent shall not be considered a late
enrollee if:  (1) the individual meets all of the following:
(A) he or she was covered under another employer health benefit
plan at the time the individual was eligible to enroll; (B) he
or she certified at the time of the initial enrollment that
coverage under another employer health benefit plan was the
reason for declining enrollment, provided that, if the
individual was covered under another employer health plan, the
individual was given the opportunity to make the certification
required by this subdivision and was notified that failure to do
so could result in later treatment as a late enrollee; (C) he
or she has lost or will lose coverage under another employer
health benefit plan as a result of termination of employment of
the individual or of a person through whom the individual was
covered as a dependent, change in employment status of the
individual or of a person through whom the individual was
covered as a dependent, termination of the other plan's
coverage, cessation of an employer's contribution toward an
employee or dependent's coverage, death of the person through
whom the individual was covered as a dependent, or divorce; and
(D) he or she requests enrollment within 30 days after
termination of coverage or employer contribution toward coverage
provided under another employer health benefit plan; (2) the
employer offers multiple health benefit plans and the employee
elects a different plan during an open enrollment period; (3) a
court has ordered that coverage be provided for a spouse or
minor child under a covered employee's health benefit plan and
request for enrollment is made within 30 days after issuance of
the court order; (4) (A) in the case of an eligible employee as
defined in paragraph (1) of subdivision (b), the plan cannot
produce a written statement from the employer stating that the
individual or the person through whom the individual was
eligible to be covered as a dependent, prior to declining
coverage, was provided with, and signed, acknowledgment of an
explicit written notice in bold type specifying that failure to
elect coverage during the initial enrollment period permits the
plan to impose, at the time of the individual's later decision
to elect coverage, an exclusion from coverage for a period of 12
months as well as a six-month preexisting condition exclusion,
unless the individual meets the criteria specified in paragraph
(1), (2), or (3); (B) in the case of an association member who
did not purchase coverage through a guaranteed association, the
plan cannot produce a written statement from the association
stating that the association sent a written notice in bold type
to all potentially eligible association members at their last
known address prior to the initial enrollment period informing
members that failure to elect coverage during the initial
enrollment period permits the plan to impose, at the time of the
member's later decision to elect coverage, an exclusion from
coverage for a period of 12 months as well as a six-month
preexisting condition exclusion unless the member can
demonstrate that he or she meets the requirements of
subparagraphs (A), (C), and (D) of paragraph (1) or paragraph
(2) or (3); or (C) in the case of an employer or person who is
not a member of an association, was eligible to purchase
coverage through a guaranteed association, and did not do so,
and would not be eligible to purchase guaranteed coverage unless
purchased through a guaranteed association, the employer or
person can demonstrate that he or she meets the requirements of
subparagraphs (A), (C), and (D) of paragraph (1), or paragraph
(2) or (3), or that he or she recently had a change in status
that would make him or her eligible and that application for
enrollment was made within 30 days of the change.
   (e) "New business" means a health care service plan contract
issued to a small employer that is not the plan's in force
business.
   (f) "Preexisting condition provision" means a contract
provision that excludes coverage for charges or expenses
incurred during a specified period following the employee's
effective date of coverage, as to a condition for which medical
advice, diagnosis, care, or treatment was recommended or
received during a specified period immediately preceding the
effective date of coverage.
   (g) "Qualifying prior coverage" means:
   (1) Any individual or group policy, contract, or program that
is written or administered by a disability insurer, nonprofit
hospital service plan, health care service plan, fraternal
benefits society, self-insured employer plan, or any other
entity, in this state or elsewhere, and that arranges or
provides medical, hospital, and surgical coverage not designed
to supplement other private or governmental plans.  The term
includes continuation or conversion coverage but does not
include accident only, credit, disability income, Medicare
supplement, long-term care, dental, vision, coverage issued as a
supplement to liability insurance, insurance arising out of a
workers' compensation or similar law, automobile medical payment
insurance, or insurance under which benefits are payable with
or without regard to fault and that is statutorily required to
be contained in any liability insurance policy or equivalent
self-insurance.
   (2) The federal Medicare program pursuant to Title XVIII of
the Social Security Act.
   (3) The medicaid program pursuant to Title XIX of the Social
Security Act.
   (4) Any other publicly sponsored program, provided in this
state or elsewhere, of medical, hospital, and surgical care.
   (h) "Rating period" means the period for which premium rates
established by a plan are in effect, and shall be no less than
six months.
   (i) "Risk adjusted employee risk rate" means the rate
determined for an eligible employee of a small employer in a
particular risk category after applying the risk adjustment
factor.
   (j) "Risk adjustment factor" means the percentage adjustment
to be applied equally to each standard employee risk rate for a
particular small employer, based upon any expected deviations
from standard cost of services.  This factor may not be more
than 120 percent or less than 80 percent until July 1, 1996.
Effective July 1, 1996, this factor may not be more than 110
percent or less than 90 percent.
   (k) "Risk category" means the following characteristics of an
eligible employee:  age, geographic region, and family
composition of the employee, plus the health benefit plan
selected by the small employer.
   (1) No more than the following age categories may be used in
determining premium rates:
       Under 30
   30-39
   40-49
   50-54
   55-59
   60-64
   65 and over
   However, for the 65 and over age category, separate premium
rates may be specified depending upon whether coverage under the
plan contract will be primary or secondary to benefits provided
by the federal Medicare program pursuant to Title XVIII of the
federal Social Security Act.
   (2) Small employer health care service plans shall base rates
to small employers using no more than the following family size
categories:
   (A) Single.
   (B) Married couple.
   (C) One adult and child or children.
   (D) Married couple and child or children.
   (3) (A) In determining rates for small employers, a plan that
operates statewide shall use no more than nine geographic
regions in the state, have no region smaller than an area in
which the first three digits of all its ZIP Codes are in common
within a county, and divide no county into more than two
regions.  Plans shall be deemed to be operating statewide if
their coverage area includes 90 percent or more of the state's
population.  Geographic regions established pursuant to this
section shall, as a group, cover the entire state, and the area
encompassed in a geographic region shall be separate and
distinct from areas encompassed in other geographic regions.
Geographic regions may be noncontiguous.
   (B) In determining rates for small employers, a plan that
does not operate statewide shall use no more than the number of
geographic regions in the state than is determined by the
following formula:  the population, as determined in the last
federal census, of all counties that are included in their
entirety in a plan's service are divided by the total population
of the state, as determined in the last federal census,
multiplied by nine.  The resulting number shall be rounded to
the nearest whole integer.  No region may be smaller than an
area in which the first three digits of all its ZIP Codes are in
common within a county and no county may be divided into more
than two regions.  The area encompassed in a geographic region
shall be separate and distinct from areas encompassed in other
geographic regions.  Geographic regions may be noncontiguous.
No plan shall have less than one geographic area.
   Nothing in this section shall be construed to require a plan
to establish a new service area or to offer health coverage on a
statewide basis, outside of the plan's existing service area.
   (l) "Small employer" means either of the following:
   (1) Any person, firm, proprietary or nonprofit corporation,
partnership, public agency, or association that is actively
engaged in business or service, that, on at least 50 percent of
its working days during the preceding calendar quarter, employed
at least three, but no more than 50, eligible employees, the
majority of whom were employed within this state, that was not
formed primarily for purposes of buying health care service plan
contracts, and in which a bona fide employer-employee
relationship exists.  However, for purposes of subdivisions (a),
(b), and (c) of Section 1357.03, the definition shall include
employers with at least five eligible employees until July 1,
1994, four eligible employees until July 1, 1995, and three
eligible employees thereafter.  In determining the number of
eligible employees, companies that are affiliated companies and
that are eligible to file a combined tax return for purposes of
state taxation shall be considered one employer.  Subsequent to
the issuance of a health care service plan contract to a small
employer pursuant to this article, and for the purpose of
determining eligibility, the size of a small employer shall be
determined annually.  Except as otherwise specifically provided
in this article, provisions of this article that apply to a
small employer shall continue to apply until the plan contract
anniversary following the date the employer no longer meets the
requirements of this definition.  It includes any small employer
as defined in this paragraph who purchases coverage through a
guaranteed association, and any employer purchasing coverage for
employees through a guaranteed association.
   (2) Any guaranteed association, as defined in subdivision
(n), that purchases health coverage for members of the
association.
   (m) "Standard employee risk rate" means the rate applicable
to an eligible employee in a particular risk category in a small
employer group.
   (n) "Guaranteed association" means a nonprofit organization
comprised of a group of individuals or employers who associate
based solely on participation in a specified profession or
industry, accepting for membership any individual or employer
meeting its membership criteria, and that (1) includes one or
more small employers as defined in paragraph (1) of subdivision
(l), (2) does not condition membership directly or indirectly on
the health or claims history of any person, (3) uses membership
dues solely for and in consideration of the membership and
membership benefits, except that the amount of the dues shall
not depend on whether the member applies for or purchases
insurance offered to the association, (4) is organized and
maintained in good faith for purposes unrelated to insurance,
(5) has been in active existence on January 1, 1992, and for at
least five years prior to that date, (6) has included health
insurance as a membership benefit for at least five years prior
to January 1, 1992, (7) has a constitution and bylaws, or other
analogous governing documents that provide for election of the
governing board of the association by its members, (8) offers
any plan contract that is purchased to all individual members
and employer members in this state, (9) includes any member
choosing to enroll in the plan contracts offered to the
association provided that the member has agreed to make the
required premium payments, and (10) covers at least 1,000
persons with the health care service plan with which it
contracts.  The requirement of 1,000 persons may be met if
component chapters of a statewide association contracting
separately with the same carrier cover at least 1,000 persons in
the aggregate.
   This subdivision applies regardless of whether a contract
issued by a plan is with an association or a trust formed for,
or sponsored by, an association to administer benefits for
association members.
   For purposes of this subdivision, an association formed by a
merger of two or more associations after January 1, 1992, and
otherwise meeting the criteria of this subdivision shall be
deemed to have been in active existence on January 1, 1992, if
its predecessor organizations had been in active existence on
January 1, 1992, and for at least five years prior to that date
and otherwise met the criteria of this subdivision.
   (o) "Members of a guaranteed association" means any
individual or employer meeting the association's membership
criteria if that person is a member of the association and
chooses to purchase health coverage through the association.  At
the association's discretion, it also may include employers and
employees of association members, employees of employers of
association members, association staff, retired members, retired
employees of members, and surviving spouses and dependents of
deceased members.  However, if an association chooses to include
these persons as members of the guaranteed association, the
association shall make that election in advance of purchasing a
plan contract.  Health care service plans may require an
association to adhere to the membership composition it selects
for up to 12 months.
  SEC. 98. Section 1367.5 of the Health and Safety Code, as
added by Chapter 1134 of the Statutes 1992, is amended and
renumbered to read:
   1367.35.  (a) On and after January 1, 1993, every health care
service plan that covers hospital, medical, or surgical
expenses on a group basis shall provide benefits for the
comprehensive preventive care of children 16 years of age or
younger under terms and conditions agreed upon between the group
subscriber and the plan.  Every plan shall communicate the
availability of these benefits to all group contractholders and
to all prospective group contractholders with whom they are
negotiating.  This section shall apply to each plan that, by
rule or order of the commissioner, has been exempted from
subdivision (i) of Section 1367, insofar as that section and the
rules thereunder relate to the provision of the preventive
health care services described in this section.
   (b) For purposes of this section, benefits for the
comprehensive preventive care of children shall be consistent
with the Recommendations for Preventive Pediatric Health Care,
as adopted by the American Academy of Pediatrics in September
1987, and provide for all of the following:
   (1) Periodic physical examinations.
   (2) Immunizations.
   (3) Laboratory services in connection with periodic physical
examinations.
  SEC. 99. Article 7.5 (commencing with Section 1389.1) of
Chapter 2.2 of Division 2 of the Health and Safety Code, as
added by Section 3 of Chapter 1209 of the Statutes of 1993, is
repealed.
  SEC. 100. Section 1418.8 of the Health and Safety Code is
amended to read:
   1418.8.  (a) If the attending physician and surgeon of a
resident in a skilled nursing facility or intermediate care
facility prescribes or orders a medical intervention for which
informed consent is required to be obtained prior to
administration of the medical intervention, but is unable to
obtain informed consent because the physician and surgeon
determines that the resident lacks capacity to make decisions
concerning his or her health care and that there is no person
with legal authority to make those decisions on behalf of the
resident, the physician and surgeon shall so inform the skilled
nursing facility or intermediate care facility.
   (b) The attending physician and the skilled nursing facility
or intermediate care facility may initiate a medical
intervention that requires informed consent pursuant to
subdivision (c) in accordance with acceptable standards of
practice.
   (c) When a resident of a skilled nursing facility or
intermediate care facility has been prescribed a medical
intervention by a physician and surgeon that requires informed
consent and the physician has determined that the resident lacks
capacity to make health care decisions and there is no person
with legal authority to make those decisions on behalf of the
resident, the facility shall, except as provided in subdivision
(e), conduct an interdisciplinary team review of the prescribed
medical intervention prior to the administration of the medical
intervention.  The interdisciplinary team shall oversee the care
of the resident, utilizing a team approach to assessment and
care planning, and shall include the resident's attending
physician, a registered professional nurse with responsibility
for the resident, and other appropriate staff in disciplines as
determined by the resident's needs, in accordance with
applicable federal and state requirements.  The review shall
include all of the following:
   (1) A review of the physician's assessment of the resident's
condition.
   (2) The reason for the proposed use of the medical
intervention.
   (3) The type of medical intervention to be used in the
resident's care, including its probable frequency and duration.

   (4) The probable impact on the resident's condition, with and
without the use of the medical intervention.
   (5) Reasonable alternative medical interventions considered
or utilized, and reasons for their discontinuance or
inappropriateness.
   (d) The interdisciplinary team periodically shall evaluate
the use of the prescribed medical intervention at least
quarterly or upon a significant change in the resident's medical
condition.
   (e) In case of an emergency, after obtaining a physician and
surgeon's order as necessary, a skilled nursing or intermediate
care facility may administer a medical intervention that
requires informed consent prior to the convening by the facility
of an interdisciplinary team review.
   (f) Physicians, surgeons, skilled nursing facilities, and
intermediate care facilities shall not be required to obtain a
court order pursuant to Section 3201 of the Probate Code prior
to administering a medical intervention that requires informed
consent if the requirements of this section are met.
   (g) Nothing in this section shall in any way affect the right
of a resident of a skilled nursing facility or intermediate
care facility for whom medical intervention has been prescribed,
ordered, or administered pursuant to this section to seek
appropriate judicial relief to review the decision to provide
the medical intervention.
   (h) No physician or other health care provider whose action
under this section is in accordance with reasonable medical
standards is subject to administrative sanction if the physician
or health care provider believes in good faith that the action
is consistent with this section and the desires of the resident
or, if unknown, the best interests of the resident.
   (i) This section shall remain in effect only until January 1,
1995, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1995, deletes or
extends that date.
  SEC. 101. Section 1562.5 of the Health and Safety Code is
amended to read:
   1562.5.  (a) The director shall ensure that, within six
months after obtaining licensure, an administrator of an adult
residential facility and a program director of a social
rehabilitation facility shall receive four hours of training on
the needs of residents who may be infected with the human
immunodeficiency virus (HIV), and on basic information about
tuberculosis.  Administrators and program directors shall attend
update training sessions every two years after satisfactorily
completing the initial training to ensure that information
received on HIV and tuberculosis remains current.  The training
shall consist of three hours on HIV and one hour on
tuberculosis.
   (b) The training shall consist of all of the following:
   (1) Universal blood and body fluid precautions.
   (2) Basic AIDS and HIV information, including modes of
transmission.
   (3) Legal protections for persons with HIV or AIDS.
   (4) Referral information to local government,
community-based, and other organizations that provide social,
support, or health services and social services to people with
HIV or AIDS.
   (5) Information about the residential care needs of people
living with HIV or AIDS, including nutritional needs.
   (6) Recognition of the signs and symptoms of tuberculosis.
   (7) Tuberculosis testing requirements for staff, volunteers,
and residents.
   (8) Tuberculosis prevention.
   (9) Tuberculosis treatment.
   (c) The department shall ensure compliance with this section.
  In the event of noncompliance, the director shall develop and
implement a plan of correction requiring that the training take
place within six months of the violation.
   (d) All administrators of adult residential and program
directors of social rehabilitation facilities licensed on or
before January 1, 1994, shall complete the training by December
31, 1994, and every two years thereafter.  Newly employed
administrators and program directors shall complete training
within six months after commencing employment.
   (e) Eligible providers of training and study courses shall be
limited to any of the following:
   (1) County and city health departments.
   (2) American Lung Association affiliates.
   (3) Any agency with a contract to provide HIV, AIDS, or
tuberculosis education with either the State Department of
Health Services, or the federal Centers for Disease Control.
   (4) The California Association of AIDS Agencies.
   (5) Any providers approved by the State Department of Social
Services for training of personnel employed in residential care
facilities for the elderly, adult residential facilities, or
residential care facilities for the chronically ill.
   (f) Providers shall use HIV, AIDS, and tuberculosis materials
produced, approved, or distributed by any of the following:
   (1) The federal Centers for Disease Control.
   (2) The American Lung Association.
   (3) The University of California.
   (4) The California Association of AIDS Agencies.
   (5) The California AIDS Clearinghouse.
   (6) County and city health departments.
   (g) In the event that an administrator or program director
demonstrates to the department a significant difficulty in
accessing training, the administrators and program directors of
these facilities shall have the option of fulfilling these
training requirements through a study course consisting of
written and/or video educational materials.
   (h) Successful completion of the training or study course by
administrators and program directors and the biannual update
described in this section shall be verified with the department
during the annual review of the facility pursuant to subdivision
(a) of Section 1534.  Trained administrators and program
directors shall disseminate the HIV, AIDS, and tuberculosis
materials to facility personnel.
  SEC. 102. Section 1569.694 of the Health and Safety Code is
amended to read:
   1569.694.  (a) The department shall report its findings and
recommendations to the Legislature by January 1, 1993.  The
recommendations shall include whether to allow secured or locked
residential care facilities for the elderly throughout the
state and, if so, the method or methods of security to be
allowed, admission and retention criteria for residents who can
be placed in secure residential care facilities for the elderly,
any limits on the size of the facilities that may be secured,
staffing standards, training and qualifications of staff, and
program content.
   The department also shall report on the success of the model
projects by measuring all of the following:
   (1) The extent to which the three model project sites with a
secured perimeter provide an environment that minimizes acting
out or other inappropriate behavior compared with the other
model project sites.
   (2) The extent to which the use of a secured perimeter
environment results in a decrease or elimination of the use of
behavioral medication traditionally used to treat residents with
dementia compared to the other model project sites.
   (3) The extent to which the number of incidents of wandering
in the model project sites having a secured perimeter differs
from the number of those incidents in model project sites using
door alarms, wrist bands, or other similar devices, and the
extent to which staff time is diverted from direct care.
   (b) After the release of the report described under
subdivision (a), the Health and Welfare Agency shall, by January
1, 1995, convene an advisory group that may be comprised of,
but is not limited to, representatives of provider
organizations, advocates, the Department of Aging, the State
Department of Social Services, the Office of the State Long Term
Care Ombudsman, and the Alzheimer's Association.  Based on the
report described under subdivision (a) and other relevant
information, the advisory group shall recommend, as appropriate,
specific standards for a secured perimeter program.
  SEC. 103. Section 1596.803 of the Health and Safety Code, as
added by Section 10 of Chapter 709 of the Statutes of 1992, is
repealed.
  SEC. 104. Section 10284 of the Health and Safety Code is
amended to read:
   10284.  The State Department of Health Services shall report
to the Legislature on or before January 1, 1994, on the
implementation of this article.  The state department also shall
report to the Legislature, on or before four years after the
date that the initial funding is received to implement this
article, on the results of the study required by this article.

  SEC. 105. Section 10325 of the Health and Safety Code is
amended to read:
   10325.  Each marriage that is performed shall be registered
by the person performing the ceremony as provided by Chapter 2
(commencing with Section 420) of Part 3 of Division 3 of the
Family Code.
  SEC. 106. Section 11366.8 of the Health and Safety Code is
amended to read:
   11366.8.  (a) Every person who possesses, uses, or controls a
false compartment with the intent to store, conceal, smuggle,
or transport a controlled substance within the false compartment
shall be punished by imprisonment in a county jail for a term
of imprisonment not to exceed one year or in the state prison.
   (b) Every person who designs, constructs, builds, alters, or
fabricates a false compartment for, or installs or attaches a
false compartment to, a vehicle with the intent to store,
conceal, smuggle, or transport a controlled substance shall be
punished by imprisonment in the state prison for 16 months or
two or three years.
   (c) The term "vehicle" means any of the following vehicles
without regard to whether the vehicles are private or
commercial, including, but not limited to, cars, trucks, buses,
aircraft, boats, ships, yachts, and vessels.
   (d) The term "false compartment" means any box, container,
space, or enclosure that is intended for use or designed for use
to conceal, hide, or otherwise prevent discovery of any
controlled substance within or attached to a vehicle, including,
but not limited to, any of the following:
   (1) False, altered, or modified fuel tanks.
   (2) Original factory equipment of a vehicle that is modified,
altered, or changed.
   (3) Compartment, space, or box that is added to, or
fabricated, made, or created from, existing compartments,
spaces, or boxes within a vehicle.
  SEC. 107. Section 17922.1 of the Health and Safety Code, as
added by Chapter 346 of the Statutes of 1992, is amended and
renumbered to read:
   17922.2.  (a) Notwithstanding any other provisions of this
part, the building standards in Appendix Chapter 1 of the
Uniform Code for Building Conservation of the International
Conference of Building Officials, as published in the California
Building Standards Code, do not apply to a local jurisdiction
that adopted, on or before January 1, 1993, a program for
mitigation of potentially hazardous buildings, provided that a
proposed ordinance containing standards to strengthen buildings
prescribed pursuant to subdivision (b) of Section 8875.2 of the
Government Code was introduced on or before July 27, 1992.
   (b) For all ordinances and programs adopted on or before
January 1, 1993, that do not meet the conditions of subdivision
(a), standards to strengthen buildings shall conform to the
requirements of Appendix Chapter 1 of the Uniform Code for
Building Conservation of the International Conference of
Building Officials, except as to requirements found by local
ordinance to be inapplicable based on local conditions.
   (c) Ordinances and programs adopted pursuant to this section
shall be presumed conclusively to comply with the requirements
of Chapter 173 of the Statutes of 1991.
  SEC. 108. Section 25159.18 of the Health and Safety Code is
amended to read:
   25159.18.  Any person who applies to the department for a
hazardous waste facilities permit, or for the renewal or
revision of a hazardous waste facilities permit, for the
discharge of hazardous wastes into an injection well, including
any proposed injection well, shall submit a hydrogeological
assessment report to the department and to the appropriate
regional board six months before making that application.  A
qualified person shall be responsible for the preparation of the
report and shall certify its completeness and accuracy.  The
department shall not approve the report unless the department
finds that the report is current, accurate, and complete, and
that no hazardous waste constituents have migrated from the
portion of the injection well located above the injection zone
or have migrated from the injection zone.  The report shall be
accompanied by the fee established pursuant to Section 25159.19.
  The report shall contain, for each injection well, including
any proposed injection well, any information required by the
department, and all of the following information:
   (a) A description of the injection well, including all of the
following:
   (1) Physical characteristics.
   (2) A log of construction activities, including dates and
methods used.
   (3) A description of materials used in the injection well,
including tubing, casing, packers, seals, and grout.
   (4) Design specifications and a drawing of the well as
completed.
   (5) An analysis of the chemical and physical compatibility of
the materials used with the wastes injected.
   (6) Annulus fluid composition, level, and pressure at the
time of well completion through the present time.
   (b) A description of both of the following:
   (1) The volume, temperature, pH, and radiological
characteristics, and composition of hazardous waste constituents
placed in the well, based on a statistically significant
representative chemical analysis of each specific hazardous
waste type, so that any variations in hazardous waste
constituents over time are documented.
   (2) The pressure and rate at which fluid is injected into the
well.
   (c) A map showing the distances, within the facility, to the
nearest surface water bodies and springs, and the distances,
within three miles from the facility's perimeter, to the nearest
surface water bodies and springs.
   (d) Tabular data from each surface water body and spring
shown on the map specified in subdivision (c), within one mile
from the facility's perimeter, which indicate its flow and a
representative water analysis.  The report shall include an
evaluation and characterization of seasonal changes and, if
substantive changes occur from season to season, the tabular
data shall reflect these seasonal changes.
   (e) A map showing the location of all existing and abandoned
wells, dry holes, mines, and quarries within the facility and
within three miles of the facility's perimeter.  The report
shall include, for each well shown on the map, a description of
the present use of the well, a representative water analysis
from any existing wells, any known physical characteristics, and
a determination as to whether the well, if abandoned, has been
closed in accordance with standards at least as stringent as
those set forth in the Department of Water Resources Bulletin
No. 74-81, or, if the well is an oil or gas well, in accordance
with standards at least as stringent as the regulations of the
Division of Oil and Gas.  The report also shall include, when
possible, the water well driller's report or well log.
                              (f) A map showing the structural
geology and stratigraphy within three miles of the facility's
perimeter that can influence the direction of the groundwater
flow or the movement of the discharged wastes.  The report shall
include a description of folds, domes, basins, faults, seismic
activity, fractures, and joint patterns, and a geologic cross
section and general description of the subsurface rock units,
including stratigraphic position, lithology, thickness, and
areal distribution.
   (g) An analysis for all of the following:
   (1) The vertical and lateral extent of any water-bearing
strata that could be affected by leakage from the injection
well.
   (2) The vertical and lateral extent of any strata through
which the well is drilled.
   (3) The vertical and lateral limits of the confining beds
above, below, and adjacent to, the injection well.
   (h) The analysis specified in subdivision (g) shall include
all of the following:
   (1) A map and cross section of all hydrogeologic units.
   (2) Maps showing contours of equal elevation of the water
surface for perched  water, unconfined water, and confined
groundwater required to be analyzed by this subdivision.
   (3) An estimate of the flow, and flow direction, of the water
in all water-bearing formations shown on both the maps and the
subsurface geologic cross sections.
   (4) An estimate of the transmissivity, permeability,
porosity, and storage coefficient for each perched zone of water
and water-bearing formations identified on the maps specified
in paragraph (1).
   (5) A determination of the water quality of each zone of the
water-bearing formations and perched water that is identified on
the maps specified in paragraph (1) and is under, or above and
adjacent to, the well.  This determination shall be conducted by
taking samples either upgradient of the injection well or from
another location that has not been affected by leakage from the
injection well.
   (i) A determination as to whether the groundwater is
contiguous with regional bodies of groundwater and the depth
measured from the injection zone and well casing to the
groundwater, including the depth measured to perched water and
water-bearing strata identified on the maps specified in
subdivision (h).
   (j) All of the following information for the receiving
formation:
   (1) A description of the chemical and physical properties of
the receiving formation, including its lithology, thickness,
composition, structure, porosity, storage capacity,
permeability, compressibility, density, subsurface stress,
vertical and lateral continuity and extent, fluid temperature,
pressure, composition, and the measurement of the minimum
pressure that would fracture the receiving formation.
   (2) The effect of the injection pressure on the receiving
formation.
   (3) The geologic stability and long-term integrity of the
receiving formation.
   (4) An assessment of compatibility of waste, formation
fluids, and formation lithology.  This shall include a
description of short-range and long-range changes anticipated in
the physical and chemical state of the receiving formation in
its fluids through chemical reaction and interaction with
injection fluids.
   (k) All of the following information for the confining zone:

   (1) A description of its chemical and physical properties,
including its age, composition, thickness, vertical and lateral
continuity, unconformities, permeability, transmissivity,
compressibility, porosity, density, and subsurface stress.
   (2) The minimum amount of pressure that would fracture the
confining zone, calculated specifically for the particular
confining zone, a description of the number and types of
existing fractures, faults, and cavities, and an analysis as to
whether fractures were created or enlarged by past injection of
wastes.
   (3) The geologic stability and long-term integrity of the
confining zone.
   (4) Anticipated short-range and long-range changes in the
physical state of the confining zone through chemical reaction
and interaction with injection fluids.
   (5) An estimate of the rate of migration of the hazardous
waste constituents through the confining zone.
   (l) A geologic cross section and description of the
composition of each stratum through which the injection well is
drilled.  This description shall include a physical, chemical,
and hydrogeological characterization of both the consolidated
and unconsolidated rock material, including lithology,
mineralogy, texture, bedding, thickness, and permeability.  It
shall also include an analysis for pollutants, including those
constituents discharged into the injection well.  The report
shall arrange all monitoring data in a tabular form so that the
dates, the constituents, and the concentrations are readily
discernible.
   (m) A description of surface facilities, including, but not
limited to, pressure gauges, automatic shutoff devices, alarms,
fencing, specifications for valves and pipe fittings, and
operator training and requirements.
   (n) A description of contingency plans for well failures and
shutdowns to prevent migration of contaminants from the well.
   (o) A description of the monitoring being conducted to detect
migration of hazardous waste constituents, including the number
and positioning of the monitoring wells, the monitoring wells'
distances from the injection well, the monitoring wells' design
data, the monitoring wells' installation, the monitoring
development procedures, the sampling and analytical
methodologies, the sampling frequency, and the chemical
constituents analyzed.  The design data of the monitoring wells
shall include the monitoring wells' depth, the monitoring wells'
diameters, the monitoring wells' casing materials, the
perforated intervals within the well, the size of the
perforations, the gradation of the filter pack, and the extent
of the wells' annular seals.
   (p) Documentation demonstrating that the monitoring system
and methods used at the facility can detect any seepage,
including any leaks, cracks, or malfunctions in the well or a
breach of the confining zone, before the hazardous waste
constituents migrate from the well above the injection zone or
from the confining zone.  This documentation shall include, but
is not limited to, substantiation of all of the following:
   (1) The monitoring system is effective enough, and includes a
sufficient number of monitoring wells in the major
water-bearing zones, which are located close enough to the
injection well casing and to the injection zone, to verify that
no lateral and vertical migration of any constituents discharged
into the well is occurring outside of the injection zone.
   (2) Monitoring wells are not located within the influence of
any adjacent pumping wells that might impair their
effectiveness.
   (3) Monitoring wells are only screened in the aquifer to be
monitored and are monitored for both pressure and water quality.

   (4) The chosen casing material does not adversely react with
the potential contaminants of major concern at the facility.
   (5) The casing diameter allows an adequate amount of water to
be removed during sampling and allows full development of the
monitor well.
   (6) Monitoring wells are constructed so as not to provide
potential conduits for migration of pollution, and the wells'
construction features, including annular seals, prevent
pollutants from migrating up or down the monitoring well.
   (7) The methods of water sample collection require that the
samples are transported and handled in accordance with the
United States Geological Survey's "National Handbook of
Recommended Methods for Water-Data Acquisition," which provides
guidelines for collection and analysis of groundwater samples
for selected unstable constituents and any additional procedures
specified by the department.  For all monitoring wells, except
those extending into the injection zone, the sample shall be
collected after at least five well volumes have been removed
from the well.
   (8) The hazardous waste constituents selected for analysis
are specific to the facility, taking into account the chemical
composition of hazardous wastes previously discharged into the
injection well.  The monitoring data shall be arranged in
tabular form so that the date, the constituents, and the
concentrations are readily discernible.
   (9) The frequency of monitoring is sufficient to give timely
warning of migration of hazardous waste constituents so that
remedial action can be taken prior to any adverse changes in the
quality of the groundwater.
   (10) A written statement from the qualified person preparing
the report indicating whether any constituents have migrated
into the surface water bodies or any strata outside the
injection zone, including water-bearing strata.
   (11) A written statement from the qualified person preparing
the report indicating whether any migration of hazardous waste
constituents into surface water bodies or any strata outside the
injection zone, including water-bearing strata, is likely or
not likely to occur within five years, and any evidence
supporting that statement.
   (q) This section applies only to injection wells into which
hazardous waste is discharged.
  SEC. 109. Section 25187 of the Health and Safety Code is
amended to read:
   25187.  (a) (1) Whenever the department, a local health
officer authorized pursuant to Section 25187.7, or a local
public officer designated by the director pursuant to
subdivision (a) of Section 25180 and authorized pursuant to
Section 25187.7 determines that any person has violated, is in
violation of, or threatens, as defined in subdivision (e) of
Section 13304 of the Water Code, to violate, this chapter,
Chapter 6.8 (commencing with Section 25300), or Article 3
(commencing with Section 25810) of Chapter 7.6, of this
division, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, Chapter
6.8 (commencing with Section 25300), or Article 3 (commencing
with Section 25810) of Chapter 7.6, of this division, or the
department, an authorized local health officer, or an authorized
local public officer determines that there is or has been a
release, as defined in Chapter 6.8 (commencing with Section
25300), of hazardous waste or constituents into the environment
from a hazardous waste facility, the department, authorized
local health officer, or authorized local public officer may
issue an order specifying a schedule for compliance or
correction and imposing an administrative penalty for any
violation of this chapter or any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this
chapter.
   (2) An order issued pursuant to this section shall include a
requirement that the person take corrective action with respect
to hazardous waste, including the cleanup of the hazardous
waste, abatement of the effects thereof, and any other necessary
remedial action.  An order issued pursuant to this section that
requires corrective action at a hazardous waste facility shall
require that corrective action be taken beyond the facility
boundary, where necessary to protect human health or the
environment.  The order shall incorporate, as a condition of the
order, any applicable waste discharge requirements issued by
the State Water Resources Control Board or a California regional
water quality control board, and shall be consistent with all
applicable water quality control plans adopted pursuant to
Section 13170 of the Water Code and Article 3 (commencing with
Section 13240) of Chapter 4 of Division 7 of the Water Code and
state policies for water quality control adopted pursuant to
Article 3 (commencing with Section 13140) of Chapter 3 of
Division 7 of the Water Code existing at the time of the
issuance of the order, to the extent that the department,
authorized local health officer, or authorized local public
officer determines that those plans and policies are not less
stringent than this chapter and regulations adopted pursuant to
this chapter.  The department, authorized local health officer,
or authorized local public officer also may include any more
stringent requirement that the department, authorized local
health officer, or authorized local public officer determines is
necessary or appropriate to protect water quality.  Persons who
are subject to an order pursuant to this section include
present and prior owners, lessees, or operators of the property
where the hazardous waste is located, present or past
generators, storers, treaters, transporters, disposers, and
handlers of hazardous waste, and persons who arrange, or have
arranged, by contract or other agreement, to store, treat,
transport, dispose of, or otherwise handle hazardous waste.
   (3) In an order proposing a penalty pursuant to this section,
the department shall take into consideration the nature,
circumstances, extent, and gravity of the violation, the
violator's past and present efforts to prevent, abate, or clean
up conditions posing a threat to the public health or safety or
the environment, the violator's ability to pay the proposed
civil penalty, and the prophylactic effect that imposition of
the proposed penalty would have on both the violator and the
regulated community as a whole.
   (b) For purposes of subdivision (a), "hazardous waste
facility" includes the entire site that is under the control of
an owner or operator engaged in the management of hazardous
waste.
   (c) Any order issued pursuant to subdivision (a) shall be
served by personal service or certified mail and shall inform
the person so served of the right to a hearing.
   (d) (1) Any person served with an order pursuant to
subdivision (c) who has been unable to resolve any violation or
deficiency on an informal basis with the department, authorized
local health officer, or authorized local public officer may,
within 15 days after service of the order, request a hearing by
filing with the department, authorized local health officer, or
authorized local public officer a notice of defense.  The notice
shall be filed with the office that issued the order.  A notice
of defense shall be deemed filed within the 15-day period
provided by this subdivision if it is postmarked within that
15-day period.  If no notice of  defense is filed within the
time limits provided by this subdivision, the order shall become
final.
   (2) If a person served with an order pursuant to subdivision
(c) chooses to resolve the content, terms, or conditions of the
order directly with the department, authorized local health
officer, or authorized local public officer and does not file an
administrative or judicial appeal, the person may request, and
the department, authorized local health officer, or authorized
local public officer shall prepare, a written statement, which
the department, authorized local health officer, or authorized
local public officer shall amend into the order, which explains
the violation and the penalties applied, including the nature,
extent, and gravity of the violations, and which includes a
brief description of any mitigating circumstances and any
explanations by the respondent.  Any amendment to include the
written statement prepared pursuant to this subdivision does not
constitute a new order and does not create new appeal rights.
   (e) Except as provided in subdivision (f), any hearing
requested under subdivision (d) shall be conducted within 90
days after receipt of the notice of defense by an administrative
law judge of the Office of Administrative Hearings of the
Department of General Services in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code, and the department shall have all the
authority granted to an agency by those provisions.
   (f) Any provision of an order issued under subdivision (a),
except the imposition of an administrative penalty, shall take
effect upon issuance by the department if the department finds
that the violation or violations of law associated with that
provision may pose an imminent and substantial endangerment to
the public health or safety or the environment, and a request
for a hearing shall not stay the effect of that provision of the
order pending a decision by the department under subdivision
(e).  However, in the event that the department determines that
any or all provisions of the order are so related that the
public health or safety or the environment can be protected only
by immediate compliance with the order as a whole, then the
order as a whole, except the imposition of an administrative
penalty, shall take effect upon issuance by the department.  A
request for a hearing shall not stay the effect of the order as
a whole pending a decision by the hearing officer under
subdivision (e).  Any order issued after a hearing requested
under subdivision (d) shall take effect upon issuance by the
department.
   (g) A decision issued pursuant to this section may be
reviewed by the court pursuant to Section 11523 of the
Government Code.  In all proceedings pursuant to this
subdivision, the court shall uphold the decision of the
department if the decision is based upon substantial evidence in
the whole record.  The filing of a petition for writ of mandate
shall not stay any corrective action required pursuant to this
chapter or the accrual of any penalties assessed pursuant to
this chapter.  This subdivision does not prohibit the court from
granting any appropriate relief within its jurisdiction.
   (h) Except as otherwise provided in subdivisions (i) and (j),
all administrative penalties collected under this section shall
be placed in a separate subaccount in the Hazardous Waste
Control Account and shall be available for expenditure by the
department only upon appropriation by the Legislature.
   (i) Fifty percent of the penalties collected from actions
brought by local health officers or designated local public
officers pursuant to this section shall be paid to the city or
county whose local health officer or designated local public
officer imposed the penalty, and shall be deposited into a
special account that may be expended to fund the activities of
the local health officer or designated local public officer in
enforcing this chapter pursuant to Section 25180, after the
director determines that the local agency enforcement of this
section is fair and reasonable.
   (j) Fifty percent of the penalties collected from actions
brought by local health officers or designated local public
officers pursuant to this section shall be paid to the
department and deposited in the Hazardous Waste Control Account
for expenditure by the department, upon appropriation by the
Legislature, in connection with activities of local health
officers or designated local public officers.
  SEC. 110. Section 25200.1.5 of the Health and Safety Code is
amended to read:
   25200.1.5.  (a) The department may establish an
administrative process to certify hazardous waste environmental
technologies that it determines will not pose a significant
potential hazard to the public health and safety or to the
environment if they are used under specified operating
conditions and can be operated without specialized training and
with minimal maintenance.  Hazardous waste environmental
technologies that may be certified include, but are not limited
to, hazardous waste management technologies, site mitigation
technologies, and waste minimization and pollution prevention
technologies.  The certification process shall not be used for
hazardous waste incineration technologies.  The certification
shall include all of the following:
   (1) A statement of the technical specifications applicable to
the technology.
   (2) A determination of the composition of the hazardous
wastes or chemical constituents for which the technology can
appropriately be used.
   (3) An estimate of the efficacy and efficiency of the
technology in regard to the hazardous wastes or chemical
constituents for which it is certified.
   (4) A specification of the minimal operational standards that
the technology is required to meet to ensure that the certified
technology is managed properly and used safely.
   (b) An applicant for certification of a hazardous waste
environmental technology shall provide the department with any
information required by the department to make a determination
on the application for certification.
   (c) The department's proposed decision on an application for
certification of a hazardous waste environmental technology
shall be published in the California Regulatory Notice Register
and shall be subject to a 30-day comment period.  The department'
s final decision on an application for certification of a
hazardous waste environmental technology shall become effective
not sooner than 30 days after publication of the final decision
in the California Regulatory Notice Register.
   (d) The department may decertify a hazardous waste
environmental technology if it determines, on the basis of any
information, that the hazardous waste environmental technology
may pose a significant potential hazard to the public health and
safety or to the environment.  The department may decertify a
hazardous waste environmental technology in accordance with the
procedure set forth in subdivision (c).
   (e) The department's decision on an application for
certification under this section is exempt from the requirements
of Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall not be subject to the review and
approval of the Office of Administrative Law.
   (f) Based on the determination made by the department
pursuant to subdivision (a), other local and state government
permitting authorities may take this certification process into
consideration when making their permitting decisions.
   (g) (1) The department shall place appropriate conditions on
any certification granted pursuant to this section.  Those
conditions may include, but are not limited to, all of the
following:
   (A) Limits on the types, volume, and concentration of waste
streams that may be employed with the technology.
   (B) Operating requirements.
   (C) Monitoring requirements.
   (2) Any technology certified by the department pursuant to
this section may be eligible for authorization pursuant to
permit-by-rule or conditional authorization pursuant to Section
25201.5, or conditional exemption pursuant to Section 25200.3,
only if the department determines that the use of that
technology to handle the waste stream or streams is demonstrated
to be as safe and as effective as the processes that are
subject to regulation pursuant to permit-by-rule or conditional
authorization pursuant to Section 25201.5 or conditional
exemption pursuant to Section 25200.3.  A certified technology
determined to be eligible for authorization pursuant to
permit-by-rule shall, in addition to any conditions placed on
the certification pursuant to paragraph (1), operate in
accordance with all conditions of the certification and
permit-by-rule.
   (h) The department shall charge fees to review and certify
environmental technologies pursuant to this section that are
sufficient to recover the actual costs of the department in
reviewing and approving the technology.
   (i) The department shall implement a program to continually
monitor and oversee manufacturers and users of technologies
certified pursuant to this section, in order to ensure that the
certified technologies are operating in a manner that is not
hazardous to human health and safety or to the environment.
   (j) The department shall adopt regulations to implement the
certification process.
  SEC. 111. Section 25201.5 of the Health and Safety Code is
amended to read:
   25201.5.  (a) Notwithstanding any other provision of law, a
hazardous waste facility permit is not required for a generator
who treats hazardous waste of a total weight of not more than
500 pounds, or a total volume of not more than 55 gallons, in
any calendar month, if both of the following conditions are met:

   (1) The hazardous waste is not an extremely hazardous waste
and is listed in Section 67450.11 of Title 22 of the California
Code of Regulations, as in effect on January 1, 1992, as
eligible for treatment pursuant to the regulations adopted by
the department for operation under a permit-by-rule, and the
treatment technology used is approved for that waste stream in
Section 67450.11 of Title 22 of the California Code of
Regulations for treatment under a permit-by-rule.
   (2) The generator is not otherwise required to obtain a
hazardous waste facility permit or other grant of authorization
for any other hazardous waste management activity at the
facility.
   (b) Notwithstanding any other provision of law, treatment in
the following units is ineligible for exemption pursuant to
subdivision (a) or (c):
   (1) Landfills.
   (2) Surface impoundments.
   (3) Injection wells.
   (4) Waste piles.
   (5) Land treatment units.
   (6) Thermal destruction units.
   (c) Notwithstanding any other provision of law, a hazardous
waste facility permit or other grant of authorization is not
required to conduct the following treatment activities, if the
generator treats the following hazardous waste streams using the
treatment technology required by this subdivision:
   (1) The generator treats resins mixed in accordance with the
manufacturer's instructions.
   (2) The generator treats a container having a capacity of 110
gallons or less, which is not constructed of wood, paper,
cardboard, fabric, or any similar absorptive material, for the
purposes of emptying the container as specified by Section
66261.7 of Title 22 of the California Code of Regulations, as
revised July 1, 1990, or treats the inner liners removed from
empty containers that once held hazardous waste or hazardous
material.  The generator shall treat the container or inner
liner by using the following technologies, if the treated
containers and rinseate are managed in compliance with the
applicable requirements of this chapter:
   (A) The generator rinses the container or inner liner with a
suitable liquid capable of dissolving or removing the hazardous
constituents that the container held.
   (B) The generator uses physical processes, such as crushing,
shredding, grinding, or puncturing, that change only the
physical properties of the container or inner liner, if the
container or inner liner is first rinsed as provided in
subparagraph (A) and the rinseate is removed from the container
or inner liner.
                                          (3) The generator
conducts drying by pressing or by passive or heat-aided
evaporation to remove water from wastes classified as special
wastes by the department pursuant to Section 66261.124 of Title
22 of the California Code of Regulations.
   (4) The generator conducts magnetic separation or screening
to remove components from wastes classified as special wastes by
the department pursuant to Section 66261.124 of Title 22 of the
California Code of Regulations.
   (5) The generator neutralizes wastes that are hazardous
solely due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization
units, as defined in Section 66260.10 of Title 22 of the
California Code of Regulations, if the wastes result solely from
the regeneration of ion exchange media used to demineralize
water, do not contain more than 10 percent acid or base
concentration by weight, and are treated in vessels and piping
constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls.
   (6) The generator neutralizes acidic wastes that are
hazardous solely due to corrosivity resulting from the presence
of food or food by-products, and alkaline or acidic waste, other
than wastes containing nitric acid, at SIC Code Group 20, food
and kindred product facilities, as defined in subdivision (p) of
Section 25501, if both of the following conditions are met:
   (A) The neutralization process does not result in the
emission of volatile hazardous waste constituents or toxic air
contaminants.
   (B) The neutralization process is required in order to meet
discharge or other regulatory requirements.
   (7) The generator processes effluent hazardous waste for
disposal from the processing of silver halide-based imaging
products, if all of the following conditions are met:
   (A) The effluent is a hazardous waste solely due to its
silver content.
   (B) The effluent is treated within 90 days of its generation.

   (C) The effluent is treated in a tank or container.
   (D) The total influent hazardous waste stream treated does
not exceed 500 gallons in any calendar month.
   (E) The effluent is treated with a technology or combination
of technologies that recover the silver to a level less than 5
mg/l total silver in the final waste water discharge, or a lower
level as may be set by the local publicly owned treatment
works.
   (8) Except as provided for specific waste streams in Section
25200.3, the generator conducts the separation by gravity of the
following, if the activity is conducted in impervious tanks or
containers constructed of noncorrosive materials, the activity
does not involve the addition of heat or other form of
treatment, or the addition of chemicals other than flocculants
and demulsifiers, and the activity is managed in compliance with
applicable requirements of federal, state, or local agency or
treatment works:
   (A) The settling of solids from waste where the resulting
aqueous stream is not hazardous.
   (B) The separation of oil and water mixtures and separation
sludges, if the average oil recovered per month is less than 25
barrels.
   (9) The generator is a laboratory that is certified by the
State Department of Health Services or operated by an
educational institution, and treats waste water that is
generated onsite solely as a result of analytical testing, or is
a laboratory that treats less than one gallon of hazardous
waste, generated onsite, in any single batch, subject to the
following conditions:
   (A) The waste water treated is hazardous solely due to
corrosivity or toxicity that results only from the acidic or
alkaline material, as defined in Section 66260.10 of Title 22 of
the California Code of Regulations, or is excluded from the
definition of hazardous waste by subparagraph (E) of paragraph
(2) of subsection (a) of Section 66261.3 of Title 22 of the
California Code of Regulations, or both.
   (B) The treatment meets the following requirements, in
addition to all other requirements of this section:
   (i) The treatment complies with all applicable pretreatment
requirements.
   (ii) Neutralization occurs in elementary neutralization
units, as defined in Section 66260.10 of Title 22 of the
California Code of Regulations; wastes to be neutralized do not
contain any more than 10 percent acid or base concentration by
weight, or any other concentration limit that may be imposed by
the department; and vessels and piping for neutralization are
constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH
temperature controls.
   (iii) Treatment does not result in the emission of volatile
hazardous waste constituents or toxic air contaminants.
   (10) The hazardous waste treatment is carried out in a
quality control or quality assurance laboratory at a facility
that is not an offsite hazardous waste facility and the
treatment activity otherwise meets the requirements of paragraph
(1) of subdivision (a).
   (11) Any wastestream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant
to the conditions imposed on that certification.
   (d) A generator conducting treatment pursuant to subdivision
(a) or (c) shall meet all of the following conditions:
   (1) The waste being treated is generated onsite, and a
residual material from the treatment of a hazardous waste
generated offsite is not a waste that has been generated onsite.

   (2) The treatment does not require a hazardous waste
facilities permit pursuant to the federal act.
   (3) The generator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of
waste treated.
   (4) The generator prepares and maintains a written inspection
schedule and log of inspections conducted.
   (5) The records specified in paragraphs (3) and (4) are
maintained onsite for a period of three years.
   (6) The generator maintains adequate records to demonstrate
that it is in compliance with all applicable pretreatment
standards and with all applicable industrial waste discharge
requirements issued by the agency operating the publicly owned
treatment works into which the wastes are discharged.
   (7) (A) The generator submits a notification to the
department and to the local health officer or other local public
officer authorized to implement this chapter pursuant to
Section 25180 on or before April 1, 1993, or, if the generator
is commencing the first treatment of waste pursuant to this
section, not more than 60 days before commencing treatment of
that waste pursuant to this section.  The notification shall be
completed, dated, and signed in accordance with the requirements
of Section 66270.11 of Title 22 of the California Code of
Regulations, as those requirements apply to permit applications,
shall be on a form prescribed by the department, and shall
include, but not be limited to, all of the following
information:
   (i) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional exemption applies.
   (ii) A description of the physical characteristics and
chemical composition of the hazardous waste to which the
conditional exemption applies.
   (iii) A description of the hazardous waste treatment activity
to which the conditional exemption applies, including, but not
limited to, the basis for determining that a hazardous waste
permit is not required under the federal act.
   (iv) A description of the characteristics and management of
any treatment residuals.
   (B) The development and publication of the notification form
specified in subparagraph (A) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.  The department shall hold at least
one public workshop concerning the development of the
notification form.
   (C) Any notification submitted pursuant to this paragraph
shall supersede any prior notice of intent submitted by the same
generator in order to obtain a permit-by-rule under the
regulations adopted by the department.  This subparagraph does
not require the department to refund any fees paid for any
application in conjunction with the submission of a notice of
intent for a permit-by-rule.
   (8) (A) Upon terminating operation of any treatment process
or unit exempted pursuant to this section, the generator who
conducted the treatment shall remove or decontaminate all waste
residues, containment system components, soils, and other
structures or equipment contaminated with hazardous waste from
the unit.  The removal of the unit from service shall be
conducted in a manner that does both of the following:
   (i) Minimizes the need for further maintenance.
   (ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste
decomposition products to the environment after the treatment
process is no longer in operation.
   (B) Any owner or operator who permanently ceases operation of
a treatment process or unit that is conditionally exempted
pursuant to this section shall provide written notification to
the department and to the local health officer or other local
public officer designated by the director pursuant to Section
25180 upon completion of all activities required under this
subdivision.
   (9) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under this
chapter and the regulations adopted by the department pursuant
to this chapter.
   (10) The generator submits a fee in the amount required by
Section 25205.14.  The generator shall submit that fee within 30
days after the date that the fee is assessed by the State Board
of Equalization, in the manner specified by Section 43152.10 of
the Revenue and Taxation Code.
   (11) Notwithstanding any other provision of law, the
generator shall submit the fee required by Section 25205.14 for
the 1993 reporting period to the department as part of, and at
the same time as, the notification required pursuant to
paragraph (7) that is due on April 1, 1993.  Any notification
not accompanied by payment of the fee is invalid and shall not
result in a grant of conditional exemption.
   (e) (1) Unless otherwise required by federal law, ancillary
equipment for a tank or container treating hazardous wastes
solely pursuant to this section is not subject to Section
66265.193 of Title 22 of the California Code of Regulations if
the ancillary equipment's integrity is attested to pursuant to
Section 62265.191 of Title 22 of the California Code of
Regulations every two years from the date that retrofitting
requirements would otherwise apply.
   (2) The Legislature hereby finds and declares that, in the
case of underground, gravity-pressured sewer systems, integrity
testing often is not feasible.  Therefore, on or before June 30,
1994, the department shall, by regulation, determine the best
feasible leak detection measures that are sufficient to ensure
that underground gravity-pressured sewer systems, for which it
is not feasible to conduct integrity testing, do not leak.  On
and after July 1, 1994, if it is not feasible for an operator's
ancillary equipment, or a portion thereof, to undergo integrity
testing, the operator is not subject to Section 66265.193 of
Title 22 of the California Code of Regulations if the operator
implements the best feasible leak detection measures that are
determined to be sufficient by the department in those
regulations, and those leak detection measures do not reveal any
leaks emanating from the operator's ancillary equipment.  Any
ancillary equipment found to leak shall be retrofitted by the
operator to meet the full secondary containment standards of
Section 66265.196 of Title 22 of the California Code of
Regulations.
   (f) Nothing in this section shall abridge any authority
granted to the department by any other provision of law to
impose any further restrictions or limitations upon facilities
that are subject to this section, which the department
determines to be necessary to protect human health or the
environment.
   (g) A generator may contract with another party to provide
onsite treatment in accordance with the permit exemption
provisions of this section.  Any person who performs onsite
treatment in a transportable treatment unit pursuant to this
subdivision shall comply with the standards set forth in this
chapter for the same treatment units treating the same waste
streams and shall be subject to any additional requirements for
transportable treatment units that are imposed by the department
by regulations adopted pursuant to this section.  The
additional requirements may include, but shall not be limited
to, a waste analysis plan, site-specific notification, financial
assurances for third-party liability, operating standards,
records retention, and time limits for the operation of the
transportable treatment unit at a particular site.
   (h) A generator conducting activities that are exempt from
this chapter pursuant to Section 66261.7 of Title 22 of the
California Code of Regulations, as that section read on January
1, 1993, is not required to comply with this section.
  SEC. 112. Section 25201.10 of the Health and Safety Code, as
added by Chapter 1117 of the Statutes of 1992, is amended and
renumbered to read:
   25201.11.  (a) Copyright protection and all other rights and
privileges provided pursuant to Title 17 of the United States
Code are available to the department to the fullest extent
authorized by law, and the department may sell, lease, or
license for commercial or noncommercial use any work, including,
but not limited to, videotapes, audiotapes, books, pamphlets,
and computer software as that term is defined in Section 6254.9
of the Government Code, that the department produces whether the
department is entitled to that copyright protection or not.
   (b) Any royalties, fees, or compensation of any type that is
paid to the department to make use of a work entitled to
copyright protection shall be deposited in the Hazardous Waste
Control Account.
   (c) Nothing in this section is intended to limit any powers
granted to the department pursuant to Section 6254.9 of the
Government Code or any other provision of law.
  SEC. 113. Section 25355.7 of the Health and Safety Code is
amended to read:
   25355.7.  (a) The department and the State Water Resources
Control Board concurrently shall establish policies and
procedures consistent with this chapter that the department's
representatives shall follow in overseeing and supervising the
activities of responsible parties who are carrying out the
investigation of, and taking removal or remedial actions at,
hazardous substance release sites.  The policies and procedures
shall be consistent with the policies and procedures established
pursuant to Section 13307 of the Water Code, and shall include,
but are not limited to, all of the following:
   (1) The procedures the department will follow in making
decisions as to when a potentially responsible party may be
required to undertake an investigation to determine if a
hazardous substance release has occurred.
   (2) Policies for carrying out a phased, step-by-step
investigation to determine the nature and extent of possible
soil and groundwater contamination at a site.
   (3) Procedures for identifying and utilizing the most
cost-effective methods for detecting contamination and carrying
out removal or remedial actions.
   (4) Policies for determining reasonable schedules for
investigation and removal or remedial action at a site.  The
policies shall recognize the dangers to public health and the
environment posed by a release and the need to mitigate those
dangers, while taking into account, to the extent possible, the
financial and technical resources available to a responsible
party.
   (b) The department and the State Water Resources Control
Board jointly shall review the policies and procedures that were
established pursuant to this section and Section 13307 of the
Water Code prior to the enactment of this subdivision, and
concurrently shall revise policies and procedures as necessary
to make them as consistent as possible by selecting, from those
inconsistent procedures or policies, the policies or procedures
that are most protective of the environment.  Where they cannot
be made consistent because of the differing requirements of this
chapter and Division 7 (commencing with Section 13000) of the
Water Code, the department and the State Water Resources Control
Board shall, by July 1, 1994, jointly develop, and send to the
Legislature, recommendations for revising this chapter and
Division 7 (commencing with Section 13000) of the Water Code to
make consistent the hazardous substance release cleanup policies
and procedures followed by the department, the State Water
Resources Control Board, and the California regional water
quality control boards.
  SEC. 114. Section 25359.3 of the Health and Safety Code, as
added by Chapter 1237 of the Statutes of 1992, is amended and
renumbered to read:
   25359.4.5.  (a) A responsible party who has entered into an
agreement with the department and is in compliance with the
terms of that agreement, or who is in compliance with an order
issued by the department, may seek, in addition to contribution,
treble damages from any contribution defendant who has failed
or refused to comply with any order or agreement, was named in
the order or agreement, and is subject to contribution.  A
contribution defendant from whom treble damages are sought in a
contribution action shall not be assessed treble damages by any
court where the contribution defendant, for sufficient cause, as
determined by the court, failed to comply with an agreement or
with an order issued by the department, or where the
contribution defendant is an owner of real property who did not
generate, treat, transport, store, or dispose of the hazardous
substance on, in, or at the facility located on that real
property, as specified in Sections 101 (35) and 107 (b) of the
federal act (42 U.S.C. Secs.  9601 (35) and 9607 (b)), or where
the principles of fundamental fairness would be violated, as
determined by the court.  A party seeking treble damages
pursuant to this section shall show that the party, the
department, or another entity provided notice, by means of
personal service or certified mail, of the order or agreement to
the contribution defendant from whom the party seeks treble
damages.
   (b) One-half of any treble damages awarded pursuant to this
section shall be paid to the department, for deposit in the
Hazardous Substance Account.  Nothing in this subdivision
affects the rights of any party to seek contribution pursuant to
any other statute or under common law.
   (c) A contribution defendant from whom treble damages are
sought pursuant to this section shall be deemed to have acted
willfully with respect to the conduct that gave rise to this
liability for purposes of Section 533 of the Insurance Code.
  SEC. 115. Section 26569.29 of the Health and Safety Code is
amended to read:
   26569.29.  (a) Notwithstanding any other provision of law,
any producer, handler, processor, or retailer of food sold as
organic immediately shall make available for inspection by the
director, the Attorney General, any prosecuting attorney, any
governmental agency responsible for enforcing laws related to
the production or handling of food sold as organic, or the
Director of Food and Agriculture any record required to be kept
under this section for purposes of carrying out this article and
Chapter 10 (commencing with Section 46000) of Division 17 of
the Food and Agricultural Code, and, upon request, shall provide
to any of those persons or agencies a copy of any such record
within 72 hours after the request.  Records acquired pursuant to
this subdivision shall not be public records as that term is
defined in Section 6252 of the Government Code and shall not be
subject to Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
   (b) Upon written request of any person that establishes cause
for the request, the director and the Director of Food and
Agriculture shall obtain and provide to the requesting party,
within 10 working days of the request, a copy of any of the
following records required to be kept under this article that
pertain to a specific product sold or offered for sale, and that
identify substances applied, administered, or added to that
product, except that financial information about an operation or
transaction, information regarding the quantity of a substance
administered or applied, the date of each administration or
application, information regarding the identity of suppliers or
customers, and the quantity or price of supplies purchased or
products sold shall be removed before disclosure and shall not
be released to any person other than persons and agencies
authorized to acquire records under subdivision (a):
   (1) Records of a producer, as described in paragraph (1) of
subdivision (a) and in paragraph (3) of subdivision (b) of
Section 26569.28.
   (2) Records of a handler, as described in paragraphs (4) and
(5) of subdivision (c) of Section 26569.28, records of previous
handlers, if any, and producers, as described in paragraph (1)
of subdivision (a) of, paragraph (3) of subdivision (b) of, and
paragraphs (4) and (5) of subdivision (c) of, Section 26569.28,
without identifying the previous handlers or producers, and, if
applicable, records obtained as required in subdivision (d).
   (3) Records of a processor, as described in paragraph (4) of
subdivision (d) of Section 26569.28, except for processing aids
that are not residual in the product and spices and seasonings
exempt from labeling requirements in Parts 145 and 146 of Title
21 of the Code of Federal Regulations, records of previous
processors and handlers, if any, and producers, as described in
paragraph (1) of subdivision (a) of, paragraph (3) of
subdivision (b) of, paragraphs (4) and (5) of subdivision (c)
of, and paragraph (4) of subdivision (d) of, Section 26569.28,
without identifying the previous processors, handlers, or
producers, and, if applicable, records obtained as required in
subdivision (d).
   (4) Records of a retailer, as described in paragraphs (4) and
(5) of subdivision (e) of Section 26569.28, records of previous
processors and handlers, if any, and producers, as described in
paragraph (1) of subdivision (a) of, paragraph (3) of
subdivision (b) of, paragraphs (4) and (5) of subdivision (c),
and paragraph (4) of subdivision (d) of, Section 26569.28,
without identifying the previous processors, handlers, or
producers, and, if applicable, records obtained as required in
subdivision (d).
   This subdivision shall be the exclusive means of public
access to records required to be kept by producers, processors,
handlers, and retailers under this article.
   (c) Information specified in subdivision (b) that is required
to be released upon request shall not be considered a "trade
secret" under Section 26235, Section 1060 of the Evidence Code,
or the Uniform Trade Secrets Act (Title 5 (commencing with
Section 3426) of Part 1 of Division 4 of the Civil Code).
   (d) The director or the Director of Food and Agriculture may
charge the person requesting records a reasonable fee to
reimburse that officer or the source of the records for the cost
of reproducing the records requested.
   (e) Any person who first imports into this state, for resale,
food sold as organic shall obtain and provide to the
enforcement authority, upon request, proof that the products
being sold have been certified by an accredited certifying
organization or otherwise have been produced in compliance with
this article.
   (f) The director shall not be required to obtain records not
in his or her possession in response to a subpoena.  Prior to
releasing records required to be kept pursuant to this chapter
in response to a subpoena, the director shall delete any
information regarding the identity of suppliers or customers and
the quantity or price of supplies purchased or products sold.
   (g) Subdivisions (b), (c), and (d) shall become inoperative
on January 1, 1995.
  SEC. 116. Section 33334.20 of the Health and Safety Code is
amended to read:
   33334.20.  (a) Notwithstanding any other provision of law,
for the 1993-94 fiscal year, a redevelopment agency to which
this section applies may set aside, into the Low and Moderate
Income Housing Fund established pursuant to Section 33334.3, an
amount that is less than that required by subdivision (a) of
Section 33334.2 or subdivision (c), (d), or (e) of Section
33334.6, provided that, in that fiscal year, the legislative
body of the agency has made a finding, by resolution, that the
amount deposited, when added to other public funds expended or
appropriated in that fiscal year for the purposes described in
subdivision (e) of Section 33334.2, is equal to or greater than
the amount otherwise required to be set aside by subdivision (a)
of Section 33334.2 or subdivision (c), (d), or (e) of Section
33334.6.
   (b) This section applies to a redevelopment agency within a
city to which all of the following apply:
   (1) The city has a population of less than 100,000 according
to the 1990 federal decennial census.
   (2) The legislative body of the city has made a finding, by
resolution, that property damage in the city during the civil
unrest that occurred between April 29, 1992, and May 3, 1992,
exceeded fifty million dollars ($50,000,000).
   (3) The city has adopted a housing element, pursuant to
Section 65585 of the Government Code, that substantially
complies with Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code.
   (c) (1) If, pursuant to subdivision (a), the agency deposits
less than 20 percent of the taxes allocated to the agency
pursuant to Section 33670 in the 1993-94 fiscal year in the Low
and Moderate Income Housing Fund, the amount equal to the
difference between 20 percent of the taxes allocated to the
agency pursuant to Section 33670 for each affected project area
and the amount deposited that year shall constitute a deficit of
the project.
   (2) The agency shall adopt a plan to eliminate the deficit in
subsequent years, beginning with payments in the 1999-2000
fiscal year and completing payments by the 2003-04 fiscal year.
In calculating the amount of deficit, no interest may be
included.  If the amount of the deficit has not been eliminated
by July 1, 2004, the county auditor is directed
                              to withhold the amount of the
remaining deficit and to make the deposit into the agency's Low
and Moderate Income Housing Fund.
   (d) If, pursuant to subdivision (a), an agency deposits less
than 20 percent of the taxes allocated to the agency pursuant to
Section 33670 in the 1993-94 fiscal year in the Low and
Moderate Income Housing Fund, the amount of the deficit shall be
used to refinance bonds and to make payments on new bonds.  The
proceeds of these bonds shall be used to assist areas damaged
during the civil unrest that occurred between April 29, 1992,
and May 3, 1992.
  SEC. 117. The heading of Chapter 4.5 (commencing with Section
33492) of Part 1 of Division 24 of the Health and Safety Code,
as added by Chapter 943 of the Statutes of 1993, is repealed.
  SEC. 118. Article 1 (commencing with Section 33492) of Chapter
4.5 of Part 1 of Division 24 of the Health and Safety Code, as
added by Chapter 943 of the Statutes of 1993, is repealed.
  SEC. 118.5. The heading of Article 2 (commencing with Section
33492.50) of Chapter 4.5 of Part 1 of Division 24 of the Health
and Safety Code, as added by Chapter 942 of the Statutes of
1993, is repealed.
  SEC. 119. The heading of Article 4 (commencing with Section
33492.70) is added to Chapter 4.5 of Part 1 of Division 24 of
the Health and Safety Code, as added by Chapter 944 of the
Statutes of 1993, to read:

      Article 4.  Castle Air Force Base Redevelopment Project
Area

  SEC. 120. Section 33492.50 of the Health and Safety Code is
amended and renumbered to read:
   33492.70.  (a) With the enactment of this article, it is the
intent of the Legislature to provide precise and specific means
to mitigate the very serious economic effects of the closure of
Castle Air Force Base on surrounding communities.
   (b) The Legislature finds and declares all of the following:

   (1) The County of Merced, with a population of 180,000, is
already in a very significantly depressed condition, with an
unemployment rate exceeding 18 percent, extraordinarily high
costs relating to the Aid for Families with Dependent Children
program, and low property tax revenues.
   (2) The closure of Castle Air Force Base will result in the
elimination of over 6,000 jobs, which is one in every 20 jobs in
the County of Merced and a payroll loss of $220,000,000.
   (3) The impact of the closure of Castle Air Force Base will
fall in an area in which 70 percent of public assistance
recipients live within 10 miles of the base.
   (4) This act is the result of a specific agreement between
the County of Merced and affected local cities to resolve the
situation created by the closure of Castle Air Force Base.
   (5) The Legislature grants the temporary authorization for
the Castle Joint Powers Redevelopment Agency to defer 50 percent
of its Low and Moderate Income Housing Fund requirements for up
to five years to allow the agency to receive a larger cash flow
to help the agency pay for its initial costs.  The Legislature
grants this authorization only in recognition of the unusual
circumstances facing the agency.
  SEC. 121. Section 33492.51 of the Health and Safety Code is
amended and renumbered to read:
   33492.71.  (a) Notwithstanding any other provision of law,
there is hereby created the Castle Joint Powers Redevelopment
Agency, which shall be composed of the City of Atwater, the City
of Merced, and the County of Merced.
   (b) The Castle Joint Powers Redevelopment Agency shall have
all the powers, authorities, and duties granted to it under
Chapter 5 (commencing with Section 6500) of Division 7 of Title
1 of the Government Code and this part, except as modified by
Section 33320.66 for the exclusive purpose of establishing the
Castle Air Force Base project area within the unincorporated
territory of the County of Merced.
  SEC. 122. Section 33492.53 of the Health and Safety Code is
amended and renumbered to read:
   33492.73.  (a) In addition to the powers of any agency, the
Castle Joint Powers Redevelopment Agency also shall act as the
legislative body and planning commission for all approvals and
actions required and authorized by this part for the adoption
and implementation of a redevelopment plan.  However, all land
use, planning and development decisions with regard to the land
within the project area shall continue to be under the control
and jurisdiction of each of the respective local legislative
bodies or planning commissions, as applicable.
   (b) In adopting a redevelopment project area for the area
within the unincorporated territory of the County of Merced
contained within the Castle Air Force Base, the following shall
apply, subject to the requirements of Section  33492.13:
   (1) The dollar limitation on the taxes that may be divided
and allocated to the Castle Air Force Base project area shall be
two hundred fifty million dollars ($250,000,000).
   (2) The limitation on the time within which the agency may
commence eminent domain proceedings shall be 15 years.
   (c) The Castle Joint Powers Redevelopment Agency may amend
the limitations enumerated in paragraph (1) of subdivision (b)
pursuant to existing law.
   (d) The Castle Joint Powers Redevelopment Agency may defer up
to 50 percent of its Low and Moderate Income Housing Fund
requirements for the Castle Air Force Base project area for up
to five years.  The amount of the deferral shall be considered
an indebtedness and shall be repaid to the Low and Moderate
Income Housing Fund within eight years of the establishment of
the Castle Air Force Base project area.  If the indebtedness is
not eliminated by the eighth year, the county auditor or
controller shall withhold an amount equal to the indebtedness
and deposit those moneys into a separate Low and Moderate Income
Housing Fund for use by the Castle Joint Powers Redevelopment
Agency under this section.
   (e) The agency shall comply with the requirements of Chapter
16 (commencing with Section 7260) of Division 4 of Title 1 of
the Government Code.  In addition, if any housing occupied by
persons of very low, low, or moderate income who have resided in
the housing for at least two years is destroyed by
redevelopment agency activities, the displaced persons shall
receive relocation benefits which enable those persons to lease
or rent a comparable replacement dwelling for a period not to
exceed 96 months.
   (f) (1) The agency shall comply with the requirements of
Section 33413.
   (2) In addition, if any housing occupied by persons of very
low, low, or moderate income is destroyed by redevelopment
agency activities, the destroyed units shall be replaced with
housing, of the same or greater size, which shall be affordable
in direct proportion to the income levels of the persons or
households displaced by the redevelopment agency activities.
This housing shall be provided simultaneously with the
development for which it was destroyed.
   (3) The requirements imposed by paragraph (2) shall not apply
to any dormitory building that, as of January 1, 1994, was
located on Castle Air Force Base.
   (4) The requirements imposed by paragraph (2) shall not apply
to the destruction of any housing if the vacancy rate for
low-income housing within the jurisdiction of the Castle Joint
Powers Redevelopment Agency, as determined by the agency, is
then 6 percent or higher.
   (g) Notwithstanding Section 33320.65, the Castle Joint Powers
Redevelopment Agency may establish a project area and adopt and
amend a redevelopment plan, as modified by subdivision (a) and
other provisions of this chapter, if all of the following
conditions are met:
   (1) The Castle Joint Powers Redevelopment Agency makes a
finding of benefit to the Castle Air Force Base project area,
and the approval of the County of Merced, the City of Merced,
and the City of Atwater is obtained.
   (2) The project area is contained entirely in two concentric
circles, such that the center of one is directly in front of the
main gate and has a radius of 4.75 miles, and the center of the
second is at the intersection of Yosemite Avenue and G Street
in the City of Merced with a radius of 6.5 miles.  At no time
shall the aggregate acreage of the project areas established
pursuant to this section exceed 2 percent of either city or 1
percent of the unincorporated area of the circles.
   (3) The resolution adopting a survey area pursuant to Section
33310 shall be transmitted to all affected entities, including
affected school districts, within 30 days of adoption.  The
planning commission, in formulating the preliminary plan
pursuant to Section 33330, shall consult with all affected
taxing entities.
   (h) The Castle Joint Powers Redevelopment Agency shall not
adopt a redevelopment plan pursuant to this section until the
City of Atwater adopts a housing element, pursuant to Section
65585 of the Government Code, that complies substantially with
the requirements of Article 10.6 (commencing with Section 65580)
of Chapter 3 of Division 1 of Title 7 of the Government Code.

  SEC. 123. Section 33492.55 of the Health and Safety Code is
repealed.
  SEC. 124. Section 33492.69 of the Health and Safety Code is
amended and renumbered to read:
   33492.28.  As used in this chapter, "fiscal year" means a
year commencing on July 1 and ending on the next June 30.
  SEC. 125. Section 33607.7 of the Health and Safety Code is
amended to read:
   33607.7.  (a) This section applies to a redevelopment plan
amendment for any redevelopment plans adopted prior to January
1, 1994, that increases the limitation on the number of dollars
to be allocated to the redevelopment agency or the time limit on
the establishing of loans, advances, and indebtedness
established pursuant to paragraphs (1) and (2) of subdivision
(a) of Section 33333.2, or that lengthens the period during
which the redevelopment plan is effective if the redevelopment
plan being amended contains the provisions required by
subdivision (b) of Section 33670.  However, this section does
not apply to those redevelopment plans that add new territory.
   (b) If a redevelopment agency adopts an amendment that is
governed by this section, it shall pay to each affected taxing
entity either of the following:
   (1) If an agreement exists that requires payments to the
taxing entity, the amount required to be paid by an agreement
between the agency and an affected taxing entity entered into
prior to January 1, 1994.
   (2) If an agreement requiring those payments does not exist,
the amounts required pursuant to subdivisions (b), (c), (d), and
(e) of Section 33607.5, until termination of the redevelopment
plan, calculated against the amount of assessed value by which
the current year assessed value exceeds an adjusted base year
assessed value.  The amounts shall be allocated between property
taxes and educational facilities according to the appropriate
formula in paragraph (3) of subdivision (a) of Section 33607.5.
In determining the applicable amount under Section 33607.5, the
first fiscal year shall be the first fiscal year following the
fiscal year in which the adjusted base year value is determined.

   (c) The adjusted base year assessed value shall be the
assessed value of the project area in the year in which the
limitation being amended would have taken effect without the
amendment or, if more than one limitation is being amended, in
the first year in which one or more of the limitations would
have taken effect without the amendment.  The agency shall
commence making these payments pursuant to the terms of the
agreement, if applicable, or, if an agreement does not exist, in
the first fiscal year following the fiscal year in which the
adjusted base year value is determined.
  SEC. 126. Section 33676 of the Health and Safety Code is
amended to read:
   33676.  (a) Prior to the adoption by the legislative body of
a redevelopment plan providing for tax-increment financing
pursuant to Section 33670, any affected taxing agency may elect
to be allocated, and every school district and community college
district shall be allocated, in addition to the portion of
taxes allocated to the affected taxing agency pursuant to
subdivision (a) of Section 33670, all or any portion of the tax
revenues allocated to the agency pursuant to subdivision (b) of
Section 33670 that are attributable to one or more of the
following:
   (1) Increases in the rate of tax imposed for the benefit of
the taxing agency which levy occurs after the tax year in which
the ordinance adopting the redevelopment plan becomes effective.

   (2) If an agency pursuant to Section 33354.5 amends a
redevelopment plan that does not utilize tax increment financing
to add tax increment financing and, pursuant to subdivision (a)
of Section 33670, uses the assessment roll last equalized prior
to the effective date of the ordinance originally adopting the
redevelopment plan, an affected taxing agency may elect to be
allocated all or any portion of the tax revenues allocated to
the agency pursuant to subdivision (b) of Section 33670 that the
affected taxing agency would receive if the agency were to use
the assessment roll last equalized prior to the effective date
of the ordinance amending the redevelopment plan to add tax
increment financing.
   (b) (1) Any local education agency that is a basic aid
district or office at the time the ordinance adopting a
redevelopment plan is adopted and that receives no state
funding, other than that provided pursuant to Section 6 of
Article IX of the California Constitution, pursuant to Section
2558, 42238, or 84750, as appropriate, of the Education Code,
shall receive annually its percentage share of the property
taxes from the project area allocated among all of the affected
taxing entities during the fiscal year the funds are allocated,
increased by an amount equal to the lesser of the following:
   (A) The percentage growth in assessed value that occurs
throughout the district, excluding the portion of the district
within the redevelopment project area.
   (B) Eighty percent of the growth in assessed value that
occurs within the portion of the district within the
redevelopment project area.
   (2) Subparagraphs (A) and (B) of paragraph (1) shall not
apply to a redevelopment plan adopted by the legislative body of
a community if both of the following occur:
   (A) The median household income in the community in which the
redevelopment project area is located is less than 80 percent
of the median household income in the county in which the
redevelopment project area is located.
   (B) The preliminary plan for the redevelopment plan was
adopted on or before September 1, 1993, and the redevelopment
plan was adopted on or before August 1, 1994.
   (3) Any local education agency that is a basic aid district
or office at the time the ordinance amending a redevelopment
plan is adopted pursuant to Section 33607.7 and that receives no
state funding, other than that provided pursuant to Section 6
of Article IX of the California Constitution, pursuant to
Section 2558, 42238, or 84750, as appropriate, of the Education
Code, shall receive either of the following:
   (A) If an agreement exists that requires payments to the
basic aid district, the amount required to be paid by an
agreement between the agency and the basic aid district entered
into prior to January 1, 1994.
   (B) If an agreement requiring those payments does not exist,
the percentage share of the increase in property taxes from the
project area allocated among all of the affected taxing entities
during the fiscal year the funds in the project area are
allocated, derived from 80 percent of the growth in assessed
value that occurs within the portion of the district within the
redevelopment project area from the year in which the amendment
takes effect pursuant to subdivision (c) of Section 33607.7.
   (4) The redevelopment agency shall subtract from any payments
made pursuant to this section the amount that a basic aid
district receives pursuant to Section 33607.5 for the purposes
of either paragraph (1) of subdivision (h) of Section 42238 of
the Education Code or Section 84750 of the Education Code.
   (c) The governing body of any affected taxing agency, other
than a school district and a community college district,
electing to receive allocation of taxes pursuant to this section
in addition to taxes allocated to it pursuant to subdivision
(a) of Section 33670 shall adopt a resolution to that effect and
transmit the same, prior to the adoption of the redevelopment
plan, to (1) the legislative body, (2) the agency, and (3) the
official or officials performing the functions of levying and
collecting taxes for the affected taxing agency.  Upon receipt
by the official or officials of the resolution, allocation of
taxes pursuant to this section to the affected taxing agency
that has elected to receive the allocation pursuant to this
section by the adoption of the resolution, and allocation of
taxes pursuant to this section to every school district and
community college district, shall be made at the time or times
allocations are made pursuant to subdivision (a) of Section
33670.
   (d) An affected taxing agency, at any time after the adoption
of the resolution, may elect not to receive all or any portion
of the additional allocation of taxes pursuant to this section
by rescinding the resolution or by amending the same, as the
case may be, and giving notice thereof to the legislative body,
the agency, and the official or officials performing the
functions of levying and collecting taxes for the affected
taxing agency.  After receipt of a notice by the official or
officials that an affected taxing agency has elected not to
receive all or a portion of the additional allocation of taxes
by rescission or amendment of the resolution, any allocation of
taxes to the affected taxing agency required to be made pursuant
to this section shall not thereafter be made but shall be
allocated to the agency, and the affected taxing agency shall
thereafter be allocated only the portion of taxes provided for
in subdivision (a) of Section 33670.  After receipt of a notice
by the official or officials that an affected taxing agency has
elected to receive additional tax revenues attributable to only
a portion of the increases in the rate of tax, only that portion
of the tax revenues shall thereafter be allocated to the
affected taxing agency in addition to the portion of taxes
allocated pursuant to subdivision (a) of Section 33670, and the
remaining portion thereof shall be allocated to the agency.
   (e) As used in this section, "affected taxing agency" means
and includes every public agency for the benefit of which a tax
is levied upon property in the project area, whether levied by
the public agency or on its behalf by another public agency.
   (f) This section applies only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article
5 (commencing with Section 33360) of Chapter 4 on or after
January 1, 1977.
  SEC. 127. Section 33681.6 of the Health and Safety Code, as
added by Chapter 902 of the Statutes of 1993, is repealed.
  SEC. 128. Section 33682.1 of the Health and Safety Code, as
added by Chapter 902 of the Statutes of 1993, is repealed.
  SEC. 129. Section 42400.4 of the Health and Safety Code is
amended to read:
   42400.4.  (a) In any district where a Title V permit program
has been fully approved by the Environmental Protection Agency,
any person who knowingly violates any federally enforceable
permit condition or any fee or filing requirement applicable to
a Title V source is guilty of a misdemeanor and is subject to a
fine of not more than ten thousand dollars ($10,000).
   (b) In any district in which a Title V permit program has
been fully approved by the Environmental Protection Agency, any
person who knowingly makes any false material statement,
representation, or certification in any form or in any notice or
report required of a Title V source of a federally enforceable
permit requirement, or who knowingly renders inaccurate any
monitoring device or method required of a Title V source, is
guilty of a misdemeanor and is subject to a fine of not more
than ten thousand dollars ($10,000).
   (c) The recovery of civil penalties pursuant to Section
42402, 42402.1, 42402.2, or 42404.3 precludes prosecution
pursuant to this section for the same offense.  When a district
refers a violation to a prosecuting agency, the filing of a
criminal complaint is grounds requiring the dismissal of any
civil action brought pursuant to this article for the same
offense.
   (d) Each day during any portion of which a violation of
subdivision (a) or (b) occurs is a separate offense.
   (e) This section shall not become operative in a district
until the Environmental Protection Agency fully approves that
district's Title V permit program.
   (f) This section applies only to federally enforceable permit
conditions that are not otherwise enforceable pursuant to
Sections 42400, 42400.1, 42400.2, and 42400.3.
  SEC. 130. Section 50406 of the Health and Safety Code is
amended to read:
   50406.  For the purposes of this division, the department has
all of the following powers:
   (a) To sue and be sued in its own name.
   (b) To have an official seal and to alter it at pleasure.
   (c) To make and execute contracts and all other instruments
necessary or convenient for the exercise of its powers and
functions.
   (d) To employ architects, planners, engineers, attorneys,
accountants, experts in housing construction, management and
finance, and any other advisers, consultants, and agents
necessary for the performance of its functions and to fix their
compensation in accordance with applicable law.
   (e) To provide advice, technical information, and
consultative and technical services as provided in this
division.
   (f) To establish, revise from time to time, and charge and
collect fees and charges for services provided pursuant to this
division.
   (g) To accept gifts, grants, or loans of funds or property,
or financial or other aid, from any federal or state agency or
private source and to comply with conditions thereof not
contrary to law.
   (h) To enter into agreements or other transactions with any
governmental agency, including an agreement for administration
of a housing or community development program of the
governmental agency by the department, or for administration by
another governmental agency of a program of the department,
either in whole or in part.
   (i) To enter into any agreements and perform any acts
necessary to obtain subsidies for use in connection with the
exercise of powers and functions of the department, and to
transfer those subsidies to others as required by the agreement.

   (j) To appear in its own behalf before boards, commissions,
departments, or other agencies of local, state, or federal
government.
   (k) To establish any regional offices necessary to effectuate
the department's purposes and functions.
   (l) To acquire real or personal property, or any interest
therein, on either a temporary or long-term basis, in its own
name by gift, purchase, transfer, foreclosure, lease, option, or
otherwise, including easements or other incorporeal rights in
property.
   (m) To provide bilingual staff in connection with services of
the department and make available departmental publications in
a language other than English when necessary to effectively
serve groups for which the services or publications are made
available.
   (n) To do any and all things necessary to carry out its
purposes and exercise the powers expressly granted by this
division.
   (o) (1) To sell real property acquired by the department in a
foreclosure, by deed in lieu of foreclosure, or sale under a
power of sale on a deed of trust, lien, or by exercise of any
other security interest on real property securing repayment of a
loan or performance under a grant or loan made by the
department.  Real property so acquired shall be sold for market
value and sale proceeds shall be placed in the fund from which
the secured loan or grant was made.
   (2) The department may establish terms, conditions, and
restrictions for the sale of real property, including a
requirement that the real property be used for housing for
persons and families of low or moderate income, and those terms,
conditions, and restrictions shall be set forth in the deed or
other instrument of conveyance.
   (3) The department may conduct the sale, utilize the
assistance of any local public agency authorized to conduct
sales of real property, contract with a licensed real estate
broker to conduct the sale, or utilize other reasonable
marketing methods if the department determines that one of these
options will result in a more prompt or cost-efficient sale.
   (4) If the director offers to sell residential real property
directly pursuant to this subdivision, the department shall
close escrow within 120 days after both of the following have
occurred:  a qualified buyer has received approval of the
department; and the buyer has obtained adequate financing for
the purchase.  If the deadline set forth in this paragraph is
not met, the director shall employ a licensed real estate broker
in connection with the proposed sale.  The department may
exceed the time requirements of this paragraph if the director
finds that this is necessary due to factors outside the control
of the department, including death of the buyer, inability of
the borrower to qualify for financing from a lender, substantial
damage to the property resulting from a natural disaster or
other act of God, or extraordinary procedural requirements or
conditions imposed by the lender or title and escrow company.
   (5) The director shall perform all of the actions specified
in subparagraphs (A), (B), and (C) within 30 days after both of
the following have occurred:  a qualified buyer has received
approval of the department; and the buyer has obtained adequate
financing for the purchase.
   (A) Identify repair work needed to be performed on the
property.
   (B) Cause an appraisal of the property to be completed.
   (C) Determine whether it is appropriate to rent the property
until it is sold.
   (6) Sales of real property made pursuant to this section are
not subject to the requirements of Sections 11011 and 11011.1 of
the Government Code.
   (7) Failure to comply with this subdivision shall not
invalidate any right, title, or interest acquired by a bona fide
purchaser or encumbrancer for value.
  SEC. 131. Section 10112.5 of the Insurance Code, as added by
Chapter 1209 of the Statutes of 1993, is repealed.

             SEC. 132. Section 10384 of the Insurance Code, as
added by Chapter 1209 of the Statutes of 1993, is repealed.
  SEC. 133. Section 53 of the Labor Code is amended to read:
   53.  Whenever in Section 1001 or in Part 1 (commencing with
Section 11000) of Division 3 of Title 2 of the Government Code,
"head of the department," or similar designation occurs, the
same shall for the purposes of this code mean the director,
except that in respect to matters which by the express
provisions of this code are committed to or retained under the
jurisdiction of the Division of Workers' Compensation, the State
Compensation Insurance Fund, the Occupational Safety and Health
Standards Board, the Occupational Safety and Health Appeals
Board, or the Industrial Welfare Commission  that designation
shall mean the Division of Workers' Compensation, the
Administrative Director of the Division of Workers'
Compensation, the Workers' Compensation Appeals Board, the State
Compensation Insurance Fund, the Occupational Safety and Health
Standards Board, the Occupational Safety and Health Appeals
Board, or the Industrial Welfare Commission, as the case may be.

  SEC. 134. Section 54.5 of the Labor Code is amended to read:
   54.5.  The director may appoint an attorney and assistants
licensed to practice law in this state.  In the absence of an
appointment, the attorney for the Division of  Workers'
Compensation shall also perform those legal services for the
department as the Director of Industrial Relations may direct.

  SEC. 135. Section 55 of the Labor Code is amended to read:
   55.  For the purpose of administration the director shall
organize the department subject to the approval of the Governor,
in the manner he or she deems necessary to segregate and
conduct the work of the department.  Notwithstanding any
provision in this code to the contrary, the director may require
any division in the department to assist in the enforcement of
any or all laws within the jurisdiction of the department.
Except as provided in Section 18930 of the Health and Safety
Code, the director may, in accordance with the provisions of
Chapter  3.5 (commencing with Section  11340) of Part 1 of
Division 3 of Title 2 of the Government Code, make those rules
and regulations as are reasonably necessary to carry out the
provisions of this chapter and to effectuate its purposes.  The
provisions of this section, however, shall not apply to the
Division of Workers' Compensation or the State Compensation
Insurance Fund, except as to any power or jurisdiction within
those divisions as specifically may have been conferred by law
upon the director.
  SEC. 136. Section 56 of the Labor Code is amended to read:
   56.  The work of the department shall be divided into at
least six divisions known as the Division of  Workers'
Compensation, the Division of Occupational Safety and Health,
the Division of Labor Standards Enforcement, the Division of
Labor Statistics and Research, the Division of Apprenticeship
Standards, and the State Compensation Insurance Fund.
  SEC. 137. Section 60 of the Labor Code is amended to read:
   60.  Except as otherwise provided, the provisions of
Divisions 4 and 4.5 of this code shall be administered and
enforced by the Division of Workers' Compensation.
  SEC. 138. Section 119 of the Labor Code is amended to read:
   119.  The attorney shall:
   (a) Represent and appear for the state and the Division of
Workers' Compensation and the appeals board in all actions and
proceedings arising under any provision of this code
administered by the division or under any order or act of the
division or the appeals board and, if directed so to do,
intervene, if possible, in any action or proceeding relating
thereto.
   (b) Commence, prosecute, and expedite the final determination
of all actions or proceedings, directed or authorized by the
administrative director or the appeals board.
   (c) Advise the administrative director and the appeals board
and each member thereof, upon request, in regard to the
jurisdiction, powers or duties of the administrative director,
the appeals board and each member thereof.
   (d) Generally perform the duties and services as attorney to
the Division of Workers' Compensation and the appeals board
which are required of him or her.
  SEC. 139. Section 125 of the Labor Code is amended to read:
   125.  The administrative director shall cause to be printed
and furnished free of charge to any person blank forms  that may
facilitate or promote the efficient performance of the duties
of the Division of  Workers' Compensation.
  SEC. 140. Section 126 of the Labor Code is amended to read:
   126.  The Division of  Workers' Compensation, including the
administrative director and the appeals board, shall keep
minutes of all their proceedings and other books or records
requisite for proper and efficient administration.  All records
shall be kept in their respective offices.
  SEC. 141. Section 133 of the Labor Code is amended to read:
   133.  The Division of  Workers' Compensation, including the
administrative director and the appeals board, shall have the
power and jurisdiction to do all things necessary or convenient
in the exercise of any power or jurisdiction conferred upon
them under this code.
  SEC. 142. Section 138.2 of the Labor Code is amended to read:

   138.2.  (a) The headquarters of the Division of Workers'
Compensation shall be based at and operated from a centrally
located city.
   (b) The administrative director shall have an office in  the
centrally located city where the appeals board shall be based
with suitable rooms, necessary office furniture, stationery and
supplies, and may rent quarters in other places for the purpose
of establishing branch or service offices, and for that purpose
may provide  those offices with necessary furniture, stationery
and supplies.
   (c) The administrative director shall provide suitable rooms,
with necessary office furniture, stationery and supplies for
the appeals board at the centrally located city where  the
appeals board shall be based and operate from, and may rent
quarters in other places for the purpose of establishing branch
or service offices for  the appeals board, and for that purpose
may provide  those offices with necessary furniture, stationery
and supplies.
   (d) All meetings held by the administrative director shall be
open and public.  Notice thereof shall be published in papers
of general circulation not more than 30 days and not less than
10 days prior to each meeting in Sacramento, San Francisco,
Fresno, Los Angeles and San Diego.  Written notice of all
meetings shall be given to all persons who request in writing
directed to the administrative director that they be given
notice.
  SEC. 143. Section 138.5 of the Labor Code is amended to read:

   138.5.  The Division of  Workers' Compensation shall
cooperate in the enforcement of child support obligations.  At
the request of the Director of Social Services, the
administrative director shall assist in providing to the State
Department of Social Services information concerning persons who
are receiving permanent disability benefits or who have filed
an application for adjudication of a claim  that the Director of
Social Services determines is necessary to carry out its
responsibilities pursuant to Section 11478.6 of the Welfare and
Institutions Code.
   The process of sharing information with regard to applicants
for and recipients of permanent disability benefits required by
this section shall be known as the Workers' Compensation
Notification Project.
  SEC. 144. Section 2808 of the Labor Code, as added by Chapter
1209 of the Statutes of 1993,  is repealed.
  SEC. 145. Section 3205 of the Labor Code is amended to read:
   3205.  "Division" means the Division of  Workers'
Compensation.
  SEC. 146. Section 3205.5 of the Labor Code is amended to read:

   3205.5.  "Appeals board" means the Workers' Compensation
Appeals Board of the Division of Workers' Compensation.
  SEC. 147. Section 3206 of the Labor Code is amended to read:
   3206.  "Administrative director" means the Director of the
Division of Workers' Compensation.
  SEC. 148. Section 3717 of the Labor Code is amended to read:
   3717.  (a) A findings and award  that is the subject of a
demand on the Uninsured Employers Fund or an approved compromise
and release or stipulated findings and award entered into by
the director pursuant to subdivision (e) of Section 3715, or a
decision and order of the rehabilitation unit of the Division of
  Workers' Compensation, that has become final, shall constitute
a liquidated claim for damages against an employer in the
amount so ascertained and fixed by the appeals board, and the
appeals board shall certify the same to the director who may
institute a civil action against the employer in the name of the
director, as administrator of the Uninsured Employers Fund, for
the collection of the award, or may obtain a judgment against
the employer pursuant to Section 5806.  In the event that the
appeals board finds that a corporation is the employer of an
injured employee, and that the corporation has not secured the
payment of compensation as required by this chapter, the
following persons shall be jointly and severally liable with the
corporation to the director in the action:
   (1) All persons who are a parent, as defined in Section 175
of the Corporations Code, of the corporation.
   (2) All persons who are substantial shareholders, as defined
in subdivision (b), of the corporation or its parent.  In the
action it shall be sufficient for plaintiff to set forth a copy
of the findings and award of the appeals board relative to the
claims as certified by the appeals board to the director and to
state that there is due to plaintiff on account of the finding
and award of the appeals board a specified sum which plaintiff
claims with interest.  The director shall be further entitled to
costs and reasonable attorney fees, and to his or her
investigation and litigation expenses for the appeals board
proceedings, and a reasonable attorney fee for litigating the
appeals board proceedings.  A certified copy of the findings and
award in the claim shall be attached to the complaint.  The
contents of the findings and award shall be deemed proved.  The
answer or demurrer to the complaint shall be filed within 10
days, the reply or demurrer to the answer within 20 days, and
the demurrer to the reply within 30 days after the return day of
the summons or service by publication.  All motions and
demurrers shall be submitted to the court within 10 days after
they are filed.   At the time the civil action filed pursuant to
this section is at issue, it shall be placed at the head of the
trial docket and shall be first in order for trial.
   Nothing in this chapter shall be construed to preclude
informal adjustment by the director of a claim for compensation
benefits before the issuance of findings and award wherever it
appears to the director that the employer is uninsured and that
informal adjustment will facilitate the expeditious delivery of
compensation benefits to the injured employee.
   (b) As used in this section, "substantial shareholder" means
a shareholder who owns at least 15 percent of the total value of
all classes of stock, or, if no stock has been issued, who owns
at least 15 percent of the beneficial interests in the
corporation.
   (c) For purposes of this section, in determining the
ownership of stock or beneficial interest in the corporation, in
the determination of whether a person is a substantial
shareholder  of the corporation, the rules of attribution of
ownership of Section 17384 of the Revenue and Taxation Code
shall be applied.
   (d) For purposes of this section, "corporation" shall not
include:
   (1) Any corporation which is the issuer of any security which
is exempted by Section 25101 of the Corporations Code from
Section 25130 of the Corporations Code.
   (2) Any corporation which is the issuer of any security
exempted by subdivision (c), (d), or (i) of Section 25100 of the
Corporations Code from Sections 25110, 25120, and 25130 of the
Corporations Code.
   (3) Any corporation which is the issuer of any security which
has qualified either by coordination, as provided by Section
25111 of the Corporations Code, or by notification, as provided
by Section 25112 of the Corporations Code.
  SEC. 149. Section 4409 of the Labor Code is amended to read:
   4409.  The Director of Workers' Compensation, or his or her
representative, shall assign investigative and claims adjustment
services respecting matters concerning Asbestos Workers'
Account cases.  The assignments may be made within the
department, including the Division of  Workers' Compensation,
and excluding the State Compensation Insurance Fund.
  SEC. 150. Section 4726 of the Labor Code is amended to read:
   4726.  The State Board of Control and the Administrative
Director of the Division of  Workers' Compensation shall jointly
adopt rules and regulations as may be necessary to carry out
the provisions of this article.
  SEC. 151. Section 4753.5 of the Labor Code is amended to read:

   4753.5.  In any hearing, investigation, or proceeding, the
state shall be represented by the Attorney General, or the
attorneys of the Division of Workers' Compensation appointed
pursuant to Sections 117 and 119.  Expenses incident to
representation, including costs for investigation, medical
examinations, and other expert reports, fees for witnesses, and
other necessary and proper expenses, but excluding the salary of
any of the Attorney General's deputies, shall be reimbursed
from appropriations for the payments of the special additional
compensation specified in Section 4751.  No witness fees or fees
for medical services shall exceed those fees prescribed by the
appeals board for the same services in those cases where the
appeals board, by rule, has prescribed fees.  Reimbursement
pursuant to this section shall be in addition to and in
augmentation of any other appropriations made or funds available
for the use or support of the Attorney General or the attorneys
of the Division of Workers'  Compensation.
  SEC. 152. Section 5300 of the Labor Code is amended to read:
   5300.  All the following proceedings shall be instituted
before the appeals board and not elsewhere, except as otherwise
provided in Division 4:
   (a) For the recovery of compensation, or concerning any right
or liability arising out of or incidental thereto.
   (b) For the enforcement against the employer or an insurer of
any liability for compensation imposed upon  the employer by
this division in favor of the injured employee, his or her
dependents, or any third person.
   (c) For the determination of any question as to the
distribution of compensation among dependents or other persons.

   (d) For the determination of any question as to who are
dependents of any deceased employee, or what persons are
entitled to any benefit under the compensation provisions of
this division.
   (e) For obtaining any order which by Division 4 the appeals
board is authorized to make.
   (f) For the determination of any other matter, jurisdiction
over which is vested by Division 4 in the Division of  Workers'
Compensation, including the administrative director and the
appeals board.
  SEC. 153. Section 5305 of the Labor Code is amended to read:
   5305.  The Division of  Workers' Compensation, including the
administrative director and the appeals board has jurisdiction
over all controversies arising out of injuries suffered  outside
the territorial limits of this state in those cases where the
injured employee is a resident of this state at the time of the
injury and the contract of hire was made in this state.  Any
employee described by this section, or his or her dependents,
shall be entitled to the compensation or death benefits provided
by this division.
  SEC. 154. Section 5450 of the Labor Code is amended to read:
   5450.  The Division of  Workers' Compensation shall make
available to employees, employers and other interested parties
information, assistance, and advice to assure the proper and
timely furnishing of benefits and to assist in the resolution of
disputes on an informal basis.
  SEC. 155. Section 5451 of the Labor Code is amended to read:
   5451.  Any party may consult with, or seek the advice of, an
information and assistance officer within the Division of
Workers' Compensation as designated by the administrative
director.  If no application is filed, if the employee is not
represented, or upon agreement of the parties, the information
and assistance officer shall consider the contentions of the
parties and may refer the matter to the appropriate bureau or
unit within the Division of  Workers' Compensation for review
and recommendations.  The information and assistance officer
shall advise the employer and the employee of their rights,
benefits, and obligations under this division.  Upon making a
referral, the information and assistance officer shall arrange
for a copy of any pertinent material submitted to be served upon
the parties or their representatives, if any.  The procedures
to be followed by the information and assistance officer shall
be governed by the rules and regulations of the administrative
director adopted after public hearings.
  SEC. 156. Section 5452 of the Labor Code is amended to read:
   5452.  If the matter is referred to the Medical Bureau for
review, the bureau may require an employee to undergo a medical
examination.  The bureau shall prepare a report containing its
findings and recommendations, copies of which shall be furnished
to the parties or their representatives, if any.  No fee shall
be charged by the Division of  Workers' Compensation for any
services authorized by this chapter except that if the Medical
Bureau refers the employee to an independent medical examiner
for examination and report, any party may agree to pay the cost
of  the examination.  Referrals to the independent medical
examiner shall be governed by the rules and regulations adopted
by the administrative director after public hearings.
  SEC. 157. Section 5453 of the Labor Code is amended to read:
   5453.  After consideration of the information submitted,
including the reports of any bureau or unit within the Division
of Workers' Compensation  that have been received, the
information and assistance officer shall make a recommendation
that shall be served on the parties or their representatives, if
any.
  SEC. 158. Section 5454 of the Labor Code is amended to read:
   5454.  Submission of any matter to an information and
assistance officer of the Division of  Workers' Compensation
shall toll any applicable statute of limitations for the period
that  the matter is under consideration by the information and
assistance officer, and for 60 days following the issuance of
his or her recommendation.
  SEC. 159. Section 5703 of the Labor Code is amended to read:
   5703.  The appeals board may receive as evidence either at or
subsequent to a hearing, and use as proof of any fact in
dispute, the following matters, in addition to sworn testimony
presented in open hearing:
   (a) Reports of attending or examining physicians.
   (1) Statements concerning any bill for services are
admissible only if made under penalty of perjury that they are
true and correct to the best knowledge of the physician.
   (2) In addition, reports are admissible under this
subdivision only if the physician has further stated in the body
of the report that there has not been a violation of Section
139.3 and that the contents of the report are true and correct
to the best knowledge of the physician.  The statement shall be
made under penalty of perjury.
   (b) Reports of special investigators appointed by the appeals
board or a workers' compensation judge to investigate and
report upon any scientific or medical question.
   (c) Reports of employers, containing copies of timesheets,
book accounts, reports, and other records properly
authenticated.
   (d) Properly authenticated copies of hospital records of the
case of the injured employee.
   (e) All publications of the Division of  Workers'
Compensation.
   (f) All official publications of  the State of California and
United States governments.
   (g) Excerpts from expert testimony received by the appeals
board upon similar issues of scientific fact in other cases and
the prior decisions of the appeals board upon similar issues.
  SEC. 160. Section 9021.9 of the Labor Code is amended to read:

   9021.9.  (a) The division shall establish an advisory
committee to develop and recommend by September 30, 1994, for
action by the standards board in accordance with Section 142.3,
specific requirements for hands-on, task-specific training
programs for all craft employees who may be exposed to
asbestos-containing construction materials and all employees and
supervisors involved in operations pertaining to asbestos
cement pipe, as specified in subdivision (c) of Section 6501.8.
The training programs shall include, but not be limited to, the
following information:
   (1) The physical characteristics and health hazards of
asbestos.
   (2) The types of asbestos cement pipe or asbestos-containing
construction materials an employee may encounter in his or her
specific work assignments.
   (3) Safe practices and procedures for minimizing asbestos
exposures from operations involving asbestos cement pipe or
asbestos-containing construction materials.
   (4) A review of general industry and construction safety
orders relating to asbestos exposure.
   (5) Hands-on instruction using pipe or other construction
materials and the tools and equipment employees will use in the
workplace.
   (b) The division shall approve training entities to conduct
task-specific training programs that include the requirements
prescribed by the standards board pursuant to this section for
employees and supervisors involved in operations pertaining to
asbestos cement pipe or asbestos-containing construction
materials.
   (c) The division shall charge a fee to each asbestos training
entity approved by the division pursuant to subdivision (b).
The fee shall be sufficient to cover the division's cost for
administering the approval process provided for in subdivision
(b).  The fees collected shall be deposited in the Asbestos
Training Approval Account.  Establishment of any fee pursuant to
this section shall be accomplished through the regulatory
process required by subdivision (b) of Section 9021.5.
  SEC. 161. Section 395.1 of the Military and Veterans Code is
amended to read:
   395.1.  (a) Notwithstanding any other provision of law to the
contrary, any officer or employee of the state not subject to
Chapter 11 (commencing with Section 19770) of Part 2 of Division
5 of Title 2 of the Government Code, or any public officer,
deputy, assistant, or employee of any city, county, city and
county, school district, water district, irrigation district, or
any other district, political corporation, political
subdivision, or governmental agency thereof who, in time of war
or national emergency as proclaimed by the President or
Congress, or when any of the armed forces of the United States
are serving outside of the United States or their territories
pursuant to order or request of the United Nations, or while any
national conscription act is in effect, leaves or has left his
or her office or position prior to the end of the war, or the
termination of the national emergency or during the effective
period of any order or request of this type of the United
Nations or prior to the expiration of the National Conscription
Act, to join the armed forces of the United States and who does
or did without unreasonable and unnecessary delay join the armed
forces or, being a member of any reserve force or corps of any
of the armed forces of the United States or of the militia of
this state, is or was ordered to duty therewith by competent
military authority and served or serves in compliance with those
orders, shall have a right, if released, separated or
discharged under conditions other than dishonorable, to return
to and reenter upon the office or position within six months
after the termination of his or her active service with the
armed forces, but not later than six months after the end of the
war or national emergency or military or police operations
under the United Nations or after the Governor finds and
proclaims that, for the purposes of this section, the war,
national emergency, or United Nations military or police
operation no longer exists, or after the expiration of the
National Conscription Act, if the term for which he or she was
elected or appointed has not ended during his or her absence;
provided, that the right to return to and reenter upon the
office or position shall not extend to or be granted to any
officer or employee of the state not subject to Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title
2 of the Government Code, or any public officer, deputy,
assistant, or employee of any city, county, city and county,
school district, water district, irrigation district or any
other district, political corporation, political subdivision or
governmental agency thereof, who shall fail to return to and
reenter upon his or her office or position within 12 months
after the first date upon which he or she could terminate or
could cause to have terminated his or her active service with
the armed forces of the United States or of the militia of this
state.  He or she shall also have a right to return to and
reenter upon the office or position during terminal leave from
the armed forces and prior to discharge, separation or release
therefrom.
   (b) Upon return and reentry to the office or employment the
officer or employee shall have all of the rights and privileges
in, connected with, or arising out of the office or employment
which he or she would have enjoyed if he or she had not been
absent therefrom; provided, however, the officer or employee
shall not be entitled to sick leave, vacation or salary for the
period during which he or she was on leave from that
governmental service and in the service of the armed forces of
the United States.
   If the office or position has been abolished or otherwise has
ceased to exist during his or her absence, he or she shall be
reinstated in a position of like seniority, status and pay if
the position exists, or to a comparable vacant position for
which he or she is qualified.
         (c) Any officer or employee other than a probationer
who is restored to his or her office or employment pursuant to
this act shall not be discharged from that office or position
without cause within one year after the restoration, and shall
be entitled to participate in insurance or other benefits
offered by the employing governmental agency pursuant to
established rules and practices relating to those officers or
employees on furlough or leave of absence in effect at the time
the officer or employee left his or her office or position to
join the armed forces of the United States.
   (d) Notwithstanding any other provisions of this code, any
enlisted person who was involuntarily ordered to active duty
(other than for training) for a stated duration shall not lose
any right or benefit conferred under this code if he or she
voluntarily elects to complete the period of that duty.
   (e) If the provisions of this section are in conflict with
the provisions of a memorandum of understanding reached pursuant
to Chapter 12 (commencing with Section 3560) of Division 4 of
Title 1 of the Government Code, the memorandum of understanding
shall be controlling without further legislative action, except
that if such provisions of a memorandum of understanding require
the expenditure of funds, the provisions shall not become
effective unless approved by the Legislature in the annual
Budget Act.
  SEC. 162. Section 395.3 of the Military and Veterans Code is
amended to read:
   395.3.  In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or
to continue to serve in the armed forces of the United States or
in the armed forces of this state, he or she shall have a right
to return to and reenter the office or employment prior to the
time at which his or her term of office or his or her employment
would have ended if he or she had not resigned, on serving a
written notice to that effect upon the authorized appointing
power, or if there is no authorized appointing power, upon the
officer or agency having power to fill a vacancy in the office
or employment, within six months of the termination of his or
her active service with the armed forces; provided, that the
right to return and reenter upon the office or position shall
not extend to or be granted to any public officer or employee,
who shall fail to return to and reenter upon his or her office
or position within 12 months after the first date upon which he
or she could terminate or could cause to have terminated his or
her active service with the armed forces of the United States or
of the militia of this state.
   As used in this section, "public officers and employees"
includes all of the following:
   (a) Members of the Senate and of the Assembly.
   (b) Justices of the Supreme Court and the courts of appeal,
judges of the superior courts and of the municipal courts, and
all other judicial officers.
   (c) All other state officers and employees not within Chapter
11 (commencing with Section 19770) of Part 2 of Division 5 of
Title 2 of the Government Code, including all officers for whose
selection and term of office provision is made in the
Constitution and laws of this state.
   (d) All officers and employees of any county, city and
county, city, township, district, political subdivision,
authority, commission, board, or other public agency within this
state.
   The right of reentry into public office or employment
provided for in this section shall include the right to be
restored to the civil service status as the officer or employee
would have if he or she had not so resigned; and no other person
shall acquire civil service status in the same position so as
to deprive the officer or employee of his or her right to
restoration as provided for herein.
   This section shall be retroactively applied to extend the
right of reentry into public office or employment to public
officers and employees who resigned prior to its effective date.

   This section does not apply to any public officer or employee
to whom the right to reenter public office or employment after
service in the armed forces has been granted by any other
provision of law.
   If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the
remainder of this section, or the application of this section to
persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title
1 of the Government Code, the memorandum of understanding shall
be controlling without further legislative action, except that
if such provisions of a memorandum of understanding require the
expenditure of funds, the provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.
  SEC. 163. Section 209.5 of the Penal Code, as added by Chapter
610 of the Statutes of 1993, is repealed.
  SEC. 164. Section 215 of the Penal Code, as added by Chapter
610 of the Statutes of 1993, is repealed.
  SEC. 165. Section 987.2 of the Penal Code is amended to read:

   987.2.  (a) In any case in which a person, including a person
who is a minor, desires but is unable to employ counsel, and in
which counsel is assigned in the superior, municipal, or
justice court to represent the person in a criminal trial,
proceeding, or appeal, the following assigned counsel shall
receive a reasonable sum for compensation and for necessary
expenses, the amount of which shall be determined by the court,
to be paid out of the general fund of the county:
   (1) In a county or city and county in which there is no
public defender.
   (2) In a county of the first, second, or third class where
there is no contract for criminal defense services between the
county and one or more responsible attorneys.
   (3) In a case in which the court finds that, because of a
conflict of interest or other reasons, the public defender has
properly refused.
   (4) In a county of the first, second, or third class where
attorneys contracted by the county are unable to represent the
person accused.
   (b) The sum provided for in subdivision (a) may be determined
by contract between the court and one or more responsible
attorneys after consultation with the board of supervisors as to
the total amount of compensation and expenses to be paid, which
shall be within the amount of funds allocated by the board of
supervisors for the cost of assigned counsel in those cases.
   (c) In counties that utilize an assigned private counsel
system as either the primary method of public defense or as the
method of appointing counsel in cases where the public defender
is unavailable, the county, the courts, or the local county bar
association working with the courts are encouraged to do all of
the following:
   (1) Establish panels that shall be open to members of the
State Bar of California.
   (2) Categorize attorneys for panel placement on the basis of
experience.
   (3) Refer cases to panel members on a rotational basis within
the level of experience of each panel, except that a judge may
exclude an individual attorney from appointment to an individual
case for good cause.
   (4) Seek to educate those panel members through an approved
training program.
   (5) Establish a cost-efficient plan to ensure maximum
recovery of costs pursuant to Section 987.8.
   (d) In a county of the first, second, or third class, the
court shall first utilize the services of the public defender to
provide criminal defense services for indigent defendants.  In
the event that the public defender is unavailable and the county
and the courts have contracted with one or more responsible
attorneys or with a panel of attorneys to provide criminal
defense services for indigent defendants, the court shall
utilize the services of the county-contracted attorneys prior to
assigning any other private counsel.  Nothing in this
subdivision shall be construed to require the appointment of
counsel in any case in which the counsel has a conflict of
interest.  In the interest of justice, a court may depart from
that portion of the procedure requiring appointment of a
county-contracted attorney after making a finding of good cause
and stating the reasons therefor on the record.
   (e) In a county of the first, second, or third class, the
court shall first utilize the services of the public defender to
provide criminal defense services for indigent defendants.  In
the event that the public defender is unavailable and the county
has created a second public defender and contracted with one or
more responsible attorneys or with a panel of attorneys to
provide criminal defense services for indigent defendants, and
if the quality of representation provided by the second public
defender is comparable to the quality of representation provided
by the public defender, the court shall next utilize the
services of the second public defender and then the services of
the county-contracted attorneys prior to assigning any other
private counsel.  Nothing in this subdivision shall be construed
to require the appointment of counsel in any case in which the
counsel has a conflict of interest.  In the interest of justice,
a court may depart from that portion of the procedure requiring
appointment of the second public defender or a
county-contracted attorney after making a finding of good cause
and stating the reasons therefor on the record.
   (f) In any case in which counsel is assigned as provided in
subdivision (a), that counsel appointed by the court and any
court-appointed licensed private investigator shall have the
same rights and privileges to information as the public defender
and the public defender investigator.  It is the intent of the
Legislature in enacting this subdivision to equalize any
disparity that exists between the ability of private,
court-appointed counsel and investigators, and public defenders
and public defender investigators, to represent their clients.
This subdivision is not intended to grant to private
investigators access to any confidential Department of Motor
Vehicles' information not otherwise available to them.  This
subdivision is not intended to extend to private investigators
the right to issue subpoenas.
   (g) Notwithstanding any other provision of this section,
where an indigent defendant is first charged in one county and
establishes an attorney-client relationship with the public
defender, defense services contract attorney, or private
attorney, and where the defendant is then charged with an
offense in a second or subsequent county, the court in the
second or subsequent county may appoint the same counsel as was
appointed in the first county to represent the defendant when
all of the following conditions are met:
   (1) The offense charged in the second or subsequent county
would be joinable for trial with the offense charged in the
first if it took place in the same county, or involves evidence
which would be cross-admissible.
   (2) The court finds that the interests of justice and economy
will be best served by unitary representation.
   (3) Counsel appointed in the first county consents to the
appointment.
   (h) The county may recover costs of public defender services
under Chapter 6 (commencing with Section 4750) of Title 5 of
Part 3 for any case subject to Section 4750.
   (i) Counsel shall be appointed to represent, in the municipal
or justice court, a person who desires but is unable to employ
counsel, when it appears that the appointment is necessary to
provide an adequate and effective defense for the defendant.
   (j) As used in this section, "county of the first, second, or
third class" means the county of the first class, county of the
second class, and county of the third class as provided by
Sections 28020, 28022, 28023, and 28024 of the Government Code.

  SEC. 166. Section 1170.1 of the Penal Code is amended to read:

   1170.1.  (a) Except as provided in subdivision (c) and
subject to Section 654, when any person is convicted of two or
more felonies, whether in the same proceeding or court or in
different proceedings or courts, and whether by judgment
rendered by the same or by a different court, and a consecutive
term of imprisonment is imposed under Sections 669 and 1170, the
aggregate term of imprisonment for all these convictions shall
be the sum of the principal term, the subordinate term, and any
additional term imposed pursuant to Section 667, 667.5, 667.6,
or 12022.1, and pursuant to Section 11370.2 of the Health and
Safety Code.  The principal term shall consist of the greatest
term of imprisonment imposed by the court for any of the crimes,
including any enhancements imposed pursuant to Section 667.15,
667.8, 667.85, 12022, 12022.2, 12022.3, 12022.4, 12022.5,
12022.55, 12022.6, 12022.7, 12022.75, 12022.8, or 12022.9 and an
enhancement imposed pursuant to Section 11370.4 or 11379.8 of
the Health and Safety Code.  The subordinate term for each
consecutive offense which is not a "violent felony" as defined
in subdivision (c) of Section 667.5 shall consist of one-third
of the middle term of imprisonment prescribed for each other
felony conviction for an offense that is not a violent felony
for which a consecutive term of imprisonment is imposed, and
shall exclude any enhancements.  In no case shall the total of
subordinate terms for  these consecutive offenses which are not
"violent felonies" as defined in subdivision (c) of Section
667.5 exceed five years.  The subordinate term for each
consecutive offense which is a "violent felony" as defined in
subdivision (c) of Section 667.5, including those offenses
described in paragraph (8), (9), or (17) of subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is a violent felony for which a consecutive term of
imprisonment is imposed, and shall include one-third of any
enhancements imposed pursuant to Section 667.15, 667.8, 667.85,
12022, 12022.2, 12022.4, 12022.5, 12022.55, 12022.7, 12022.75,
or 12022.9.
   (b) (1) When a consecutive term of imprisonment is imposed
under Sections 669 and 1170 for two or more convictions for
kidnapping, as defined in Section 207, involving separate
victims or the same victim on separate occasions, the aggregate
term shall be calculated as provided in subdivision (a), except
that the subordinate term for each subsequent kidnapping
conviction shall consist of the middle term for each kidnapping
conviction for which a consecutive term of imprisonment is
imposed and shall include one-third of any enhancements imposed
pursuant to Section 667.8, 667.85, 12022, 12022.2, 12022.4,
12022.5, 12022.55, 12022.7, 12022.75, or 12022.9.  The five-year
limitation on the total of subordinate terms provided in
subdivision (a) shall not apply to subordinate terms for second
and subsequent convictions of kidnapping, as defined in Section
207, involving separate victims or the same victim on separate
occasions.
   (2) As used in this subdivision, "separate occasion" means
the defendant committed a second violation of Section 207
involving the same victim after at least 24 hours elapsed
following his or her release of the victim.
   (c) In the case of any person convicted of one or more
felonies committed while the person is confined in a state
prison, or is subject to reimprisonment for escape from custody
and the law either requires the terms to be served consecutively
or the court imposes consecutive terms, the term of
imprisonment for all the convictions which the person is
required to serve consecutively shall commence from the time the
person would otherwise have been released from prison.  If the
new offenses are consecutive with each other, the principal and
subordinate terms shall be calculated as provided in subdivision
(a), except that the total of subordinate terms may exceed five
years.  This subdivision shall be applicable in cases of
convictions of more than one offense in different proceedings,
and convictions of more than one offense in the same or
different proceedings.
   (d) When the court imposes a prison sentence for a felony
pursuant to Section 1170 the court shall also impose the
additional terms provided in Sections 667, 667.15, 667.5, 667.8,
667.85, 12022, 12022.1, 12022.2, 12022.4, 12022.5, 12022.55,
12022.6, 12022.7, 12022.75, and 12022.9, and the additional
terms provided in Section 11370.2, 11370.4, or 11379.8 of the
Health and Safety Code, unless the additional punishment
therefor is stricken pursuant to subdivision (h).  The court
shall also impose any other additional term which the court
determines in its discretion or as required by law shall run
consecutive to the term imposed under Section 1170.  In
considering the imposition of the additional term, the court
shall apply the sentencing rules of the Judicial Council.
   (e) When two or more enhancements under Sections 12022,
12022.4, 12022.5, 12022.55, 12022.7, and 12022.9 may be imposed
for any single offense, only the greatest enhancement shall
apply.  However, in cases of lewd or lascivious acts upon or
with a child under the age of 14 years accomplished by means of
force or fear, as described in Section 288, kidnapping, as
defined in Section 207, sexual battery, as defined in Section
243.4, penetration of a genital or anal opening by a foreign
object, as defined in Section 289, oral copulation, sodomy,
robbery, carjacking, rape or burglary, or attempted lewd or
lascivious acts upon or with a child under the age of 14 years
accomplished by means of force or fear, kidnapping, sexual
battery, penetration of a genital or anal opening by a foreign
object, oral copulation, sodomy, robbery, carjacking, rape,
murder, or burglary, the court may impose both (1) one
enhancement for weapons as provided in either Section 12022,
12022.4, or subdivision (a) of, or paragraph (2) of subdivision
(b) of, Section 12022.5, and (2) one enhancement for great
bodily injury as provided in either Section 12022.7 or 12022.9.

   (f) The enhancements provided in Sections 667, 667.15, 667.5,
667.6, 667.8, 667.85, 12022, 12022.1, 12022.2, 12022.3,
12022.4, 12022.5, 12022.55, 12022.6, 12022.7, 12022.75, 12022.8,
and 12022.9, and in Section 11370.2, 11370.4, or 11379.8 of the
Health and Safety Code, shall be pleaded and proven as provided
by law.
   (g) (1) The term of imprisonment shall not exceed twice the
number of years imposed by the trial court as the base term
pursuant to subdivision (b) of Section 1170, unless the
defendant stands convicted of a "violent felony" as defined in
subdivision (c) of Section 667.5, or a consecutive sentence is
being imposed pursuant to subdivision (b) or (c) of this
section, or an enhancement is imposed pursuant to Section 667,
667.15, 667.5, 667.8, 667.85, 12022, 12022.2, 12022.4, 12022.5,
12022.55, 12022.6, 12022.7, 12022.75, or 12022.9, or an
enhancement is being imposed pursuant to Section 11370.2,
11370.4, or 11379.8 of the Health and Safety Code, or the
defendant stands convicted of felony escape from an institution
in which he or she is lawfully confined.
   (2) The term of imprisonment shall not exceed twice the
number of years imposed by the trial court as the base term
pursuant to subdivision (b) of Section 1170 unless an
enhancement is imposed pursuant to Section 12022.1 and both the
primary and secondary offenses specified in Section 12022.1 are
serious felonies as specified in subdivision (c) of Section
1192.7.
   (h) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in Sections
667.15, 667.5, 667.8, 667.85, 12022, 12022.1, 12022.2, 12022.4,
12022.6, 12022.7, 12022.75, and 12022.9, or the enhancements
provided in Section 11370.2, 11370.4, or 11379.8 of the Health
and Safety Code, if it determines that there are circumstances
in mitigation of the additional punishment and states on the
record its reasons for striking the additional punishment.
   (i) For any violation of paragraph (2) or (3) of subdivision
(a) of Section 261, Section 264.1, subdivision (b) of Section
288, subdivision (a) of Section 289, or sodomy or oral
copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person as provided in Section 286 or 288a, the number of
enhancements which may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this or
some other section of law.  Each of the enhancements shall be a
full and separately served enhancement and shall not be merged
with any term or with any other enhancement.
  SEC. 167. Section 1203 of the Penal Code is amended to read:
   1203.  (a) As used in this code, "probation" shall mean the
suspension of the imposition or execution of a sentence and the
order of conditional and  revocable release in the community
under the supervision of the probation officer.  As used in this
code, "conditional sentence" shall mean the suspension of the
imposition or execution of a sentence and the order of revocable
release in the community subject to the conditions established
by the court without the supervision of the probation officer.
It is the intent of the Legislature that both conditional
sentence and probation are authorized whenever probation is
authorized in any code as a sentencing option for infractions or
misdemeanors.
   (b) Except as provided in subdivision (j), in every case in
which a person is convicted of a felony and is eligible for
probation, before judgment is pronounced, the court shall
immediately refer the matter to the probation officer to
investigate and report to the court, at a specified time, upon
the circumstances surrounding the crime and the prior history
and record of the person, which may be considered either in
aggravation or mitigation of the punishment.  The probation
officer shall immediately investigate and make a written report
to the court of his or her findings and recommendations,
including his or her recommendations as to the granting or
denying of probation and the conditions of probation, if
granted.  Pursuant to Section 828 of the Welfare and
Institutions Code, the probation officer shall include in his or
her report any information gathered by a law enforcement agency
relating to the taking of the defendant into custody as a
minor, which shall be considered for purposes of determining
whether adjudications of commissions of crimes as a juvenile
warrant a finding that there are circumstances in aggravation
pursuant to Section 1170 or to deny probation.  The probation
officer shall also include in the report his or her
recommendation of the amount the defendant should be required to
pay as a restitution fine pursuant to Section 13967 of the
Government Code.  The probation officer shall also include in
his or her report a recommendation as to whether the court shall
require, as a condition of probation, restitution to the victim
or to the Restitution Fund.  The report shall be made available
to the court and the prosecuting and defense attorneys at least
five days, or upon request of the defendant or prosecuting
attorney, nine days prior to the time fixed by the court for the
hearing and determination of the report, and shall be filed
with the clerk of the court as a record in the case at the time
of the hearing.  The time within which the report shall be made
available and filed may be waived by written stipulation of the
prosecuting and defense attorneys which is filed with the court
or an oral stipulation in open court which is made and entered
upon the minutes of the court.  At a time fixed by the court,
the court shall hear and determine the application, if one has
been made, or, in any case, the suitability of probation in the
particular case.  At the hearing, the court shall consider any
report of the probation officer and shall make a statement that
it has considered the report which shall be filed with the clerk
of the court as a record in the case.  If the court determines
that there are circumstances in mitigation of the punishment
prescribed by law or that the ends of justice would be served by
granting probation to the person, it may place the person on
probation.  If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections at the prison or other institution to which the
person is delivered.
   (c) If a defendant is not represented by an attorney, the
court shall order the probation officer who makes the probation
report to discuss its contents with the defendant.
   (d) In every case in which a person is convicted of a
misdemeanor, the court may either refer the matter to the
probation officer for an investigation and a report or summarily
pronounce a conditional sentence.  If the case is not referred
to the probation officer, in sentencing the person, the court
may consider any information concerning the person which could
have been included in a probation report.  The court shall
inform the person of the information to be considered and permit
him or her to answer or controvert such information.  For this
purpose, upon the request of the person, the court shall grant a
continuance before the judgment is pronounced.
   (e) Except in unusual cases where the interests of justice
would best be served if the person is granted probation,
probation shall not be granted to any of the following persons:

   (1) Unless the person had a lawful right to carry a deadly
weapon, other than a firearm, at the time of the perpetration of
the crime or his or her arrest, any person who has been
convicted of arson, robbery, carjacking, burglary, burglary with
explosives, rape with force or violence, murder, attempt to
commit murder, trainwrecking, kidnapping, escape from the state
prison, or a conspiracy to commit one or more of those crimes
and was armed with a deadly weapon at either of those times.
   (2) Any person who used or attempted to use a deadly weapon
upon a human being in connection with the perpetration of the
crime of which he or she has been convicted.
   (3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has
been convicted.
   (4) Any person who has been previously convicted twice in
this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable
as a felony.
   (5) Unless the person has never been previously convicted
once in this state of a felony or in any other place of a public
offense which,                                              if
committed in this state, would have been punishable as a felony,
any person who has been convicted of burglary with explosives,
rape with force or violence, murder, attempt to commit murder,
trainwrecking, extortion, kidnapping, escape from the state
prison, a violation of Section 286, 288, 288a, or 288.5, or a
conspiracy to commit one or more of those crimes.
   (6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as
a felony, if he or she committed any of the following acts:
   (A) Unless the person had a lawful right to carry a deadly
weapon at the time of the perpetration of the previous crime or
his or her arrest for the previous crime, he or she was armed
with a weapon at either of those times.
   (B) The person used or attempted to use a deadly weapon upon
a human being in connection with the perpetration of the
previous crime.
   (C) The person willfully inflicted great bodily injury or
torture in the perpetration of the previous crime.
   (7) Any public official or peace officer of this state or any
city, county, or other political subdivision who, in the
discharge of the duties of his or her public office or
employment, accepted or gave or offered to accept or give any
bribe, embezzled public money, or was guilty of extortion.
   (8) Any person who knowingly furnishes or gives away
phencyclidine.
   (9) Any person who intentionally inflicted great bodily
injury in the commission of arson under subdivision (a) of
Section 451 or who intentionally set fire to, burned, or caused
the burning of, an inhabited structure or inhabited property in
violation of subdivision (b) of Section 451.
   (10) Any person who, in the commission of a felony, inflicts
great bodily injury or causes the death of a human being by the
discharge of a firearm from or at an occupied motor vehicle
proceeding on a public street or highway.
   (11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 12020, a machine gun under
Section 12220, or a silencer under Section 12520.
   (f) When probation is granted in a case which comes within
the provisions of subdivision (e), the court shall specify on
the record and shall enter on the minutes the circumstances
indicating that the interests of justice would best be served by
that disposition.
   (g) If a person is not eligible for probation, the judge
shall refer the matter to the probation officer for an
investigation of the facts relevant to determination of the
amount of a restitution fine pursuant to Section 13967 of the
Government Code in all cases where the determination is
applicable.  The judge, in his or her discretion, may direct the
probation officer to investigate all facts relevant to the
sentencing of the person.  Upon that referral, the probation
officer shall immediately investigate the circumstances
surrounding the crime and the prior record and history of the
person and make a written report to the court of his or her
findings.  The findings shall include a recommendation of the
amount of the restitution fine as provided in Section 13967 of
the Government Code.
   (h) In any case in which a defendant is convicted of a felony
and a probation report is prepared pursuant to subdivision (b)
or (g), the probation officer may obtain and include in the
report a statement of the comments of the victim concerning the
offense.  The court may direct the probation officer not to
obtain a statement in any case where the victim has in fact
testified at any of the court proceedings concerning the
offense.
   (i) No probationer shall be released to enter another state
unless his or her case has been referred to the Administrator,
Interstate Probation and Parole Compacts, pursuant to the
Uniform Act for Out-of-State Probationer or Parolee Supervision
(Article 3 (commencing with Section 11175) of Chapter 2 of Title
1 of Part 4) and the probationer has reimbursed the county that
has jurisdiction over his or her probation case the reasonable
costs of processing his or her request for interstate compact
supervision.  The amount and method of reimbursement shall be in
accordance with Section 1203.1b.
   (j) In any court where a county financial evaluation officer
is available, in  addition to referring the matter to the
probation officer, the court may order the defendant to appear
before the county financial evaluation officer for a financial
evaluation of the defendant's ability to pay restitution, in
which case the county financial evaluation officer shall report
his or her findings regarding restitution and other
court-related costs to the probation officer on the question of
the defendant's ability to pay those costs.
   Any order made pursuant to this subdivision may be enforced
as a violation of the terms and conditions of probation upon
willful failure to pay and at the discretion of the court and as
stated in the order, may be enforced in the same manner as a
judgment in a civil action, if any balance remains unpaid at the
end of the defendant's probationary period.
  SEC. 168. Section 1203.1g of the Penal Code is amended to
read:
   1203.1g.  In any case in which a defendant is convicted of
sexual assault on a minor, and the defendant is eligible for
probation, the court, as a condition of probation, shall order
him or her to make restitution for the costs of medical or
psychological treatment incurred by the victim as a result of
the assault and that he or she seek and maintain employment and
apply that portion of his or her earnings specified by the court
toward those costs.
   As used in this section, "sexual assault" has the meaning
specified in subdivisions (a) and (b) of Section 11165.1.  The
defendant is entitled to a hearing concerning any modification
of the amount of restitution based on the costs of medical and
psychological treatment incurred by the victim subsequent to the
issuance of the order of probation.
  SEC. 169. Section 11113 of the Penal Code, as added by Chapter
1270 of the Statutes of 1993, is amended and renumbered to
read:
   11110.  The Attorney General shall perform a feasibility
study of automated systems for storing and communicating law
enforcement related photographs on or before January 1, 1995,
and shall complete a study report to the Legislature on or
before January 1, 1996.
  SEC. 170. Section 12021 of the Penal Code is amended to read:

   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of
California, or any other state, government, or country, or of an
offense enumerated in subdivision (a), (b), or (d) of Section
12001.6, or who is addicted to the use of any narcotic drug, who
owns or has in his or her possession or under his or her
custody or control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns or
has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section
12001.6, when that conviction results from certification by the
juvenile court for prosecution as an adult in an adult court
under Section 707 of the Welfare and Institutions Code, who owns
or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph
(2) of this subdivision, any person who has been convicted of a
misdemeanor violation of Section 136.5, 140, 171b, 171c, 171d,
240, 241, 242, 243, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6,
417, 417.2, 626.9, 646.9, subdivision (b) or (d) of Section
12034, subdivision (a) of Section 12100, 12320, or 12590 and
who, within 10 years of the conviction, owns, or has in his or
her possession or under his or her custody or control, any
firearm is guilty of a public offense, which shall be punishable
by imprisonment in the state prison or in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.  The court, on
forms prescribed by the Department of Justice, shall notify the
department of persons subject to this subdivision.  However,
the prohibition in this paragraph may be reduced, eliminated, or
conditioned as provided in paragraph (2) or (3).
   (2) Any person employed as a peace officer described in
Section 830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose
employment or livelihood is dependent on the ability to legally
possess a firearm, who is subject to the prohibition imposed by
this subdivision because of a conviction under Section 273.5,
273.6, or 646.9, may petition the court only once for relief
from this prohibition.  The petition shall be filed with the
court in which the petitioner was sentenced.  If possible, the
matter shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court
shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing.  Upon
making each of the following findings, the court may reduce or
eliminate the prohibition, impose conditions on reduction or
elimination of the prohibition, or otherwise grant relief from
the prohibition as the court deems appropriate:
   (A) Finds by a preponderance of the evidence that the
petitioner is likely to use a firearm in a safe and lawful
manner.
   (B) Finds that the petitioner is not within a prohibited
class as specified in subdivision (a), (b), (d), (e), or (g) or
Section 12021.1, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous
conviction under subdivision (c) no matter when the prior
conviction occurred.
   In making its decision, the court shall consider the
petitioner's continued employment, the interest of justice, any
relevant evidence, and the totality of the circumstances.  The
court shall require, as a condition of granting relief from the
prohibition under this section, that the petitioner agree to
participate in counseling as deemed appropriate by the court.
Relief from the prohibition shall not relieve any other person
or entity from any liability that might otherwise be imposed.
It is the intent of the Legislature that courts exercise broad
discretion in fashioning appropriate relief under this paragraph
in cases in which relief is warranted.  However, nothing in
this paragraph shall be construed to require courts to grant
relief to any particular petitioner.  It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from
the prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by
this subdivision because of a conviction prior to January 1,
1991, may petition the court only once for relief from this
prohibition.  The petition shall be filed with the court in
which the petitioner was sentenced.  If possible, the matter
shall be heard before the same judge that sentenced the
petitioner.  Upon filing the petition, the clerk of the court
shall set the hearing date and notify the petitioner and the
prosecuting attorney of the date of the hearing.  Upon making
each of the following findings, the court may reduce or
eliminate the prohibition, impose conditions on reduction or
elimination of the prohibition, or otherwise grant relief from
the prohibition as the court deems appropriate:
   (A) Finds by a preponderance of the evidence that the
petitioner is likely to use a firearm in a safe and lawful
manner.
   (B) Finds that the petitioner is not within a prohibited
class as specified in subdivision (a), (b), (d), (e), or (g) or
Section 12021.1, and the court is not presented with any
credible evidence that the petitioner is a person described in
Section 8100 or 8103 of the Welfare and Institutions Code.
   (C) Finds that the petitioner does not have a previous
conviction under this subdivision, no matter when the prior
conviction occurred.
   In making its decision, the court may consider the interest
of justice, any relevant evidence, and the totality of the
circumstances.  It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under
this paragraph in cases in which relief is warranted.  However,
nothing in this paragraph shall be construed to require courts
to grant relief to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been
granted relief pursuant to paragraph (2) or (3), shall be immune
from any liability for false arrest arising from the
enforcement of this subdivision unless the person has in his or
her possession a certified copy of the court order that granted
the person relief from the prohibition.  This immunity from
liability shall not relieve any person or entity from any other
liability that might otherwise be imposed.
   (d) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, or has in his
or her possession or under his or her custody or control, any
firearm but who is not subject to subdivision (a) or (c) is
guilty of a public offense, which shall be punishable by
imprisonment in the state prison or in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.  The court, on
forms provided by the Department of Justice, shall notify the
department of persons subject to this subdivision.  The notice
shall include a copy of the order of probation and a copy of any
minute order or abstract reflecting the order and conditions of
probation.
   (e) Any person who (1) is alleged to have committed an
offense listed in subdivision (b) of Section 707 of the Welfare
and Institutions Code or an offense described in subdivision (b)
of Section 1203.073, (2) is found to be a fit and proper
subject to be dealt with under the juvenile court law, and (3)
is subsequently adjudged a ward of the juvenile court within the
meaning of Section 602 of the Welfare and Institutions Code
because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code or an
offense described in subdivision (b) of Section 1203.073 shall
not own, or have in his or her possession or under his or her
custody or control, any firearm until the age of 30 years.  A
violation of this subdivision shall be punishable by
imprisonment in the state prison or in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.  The juvenile
court, on forms prescribed by the Department of Justice, shall
notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this subdivision may be
used to determine eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can
only result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional
facility for more than 30 days, or received a fine of more than
one thousand dollars ($1,000), or received both punishments.
   (g) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is subject
to a protective order as defined in Section 6218 of the Family
Code, is guilty of a public offense, which shall be punishable
by imprisonment in the state prison or in a county jail not
exceeding one year, by a fine not exceeding one thousand dollars
($1,000), or both that imprisonment and fine.  This subdivision
does not apply unless the copy of the restraining order
personally served on the person against whom the restraining
order is issued contains a notice in bold print (1) stating that
the person is prohibited from purchasing or receiving or
attempting to purchase or receive a firearm and (2) specifying
the penalties for violating this subdivision, or a court has
provided actual verbal notice of the firearm prohibition and
penalty as provided in Section 6304 of the Family Code.
However, this subdivision does not apply if the firearm is
received as part of the disposition of community property
pursuant to Division 7 (commencing with Section 2500) of the
Family Code.
  SEC. 171. Section 12305 of the Penal Code is amended to read:

   12305.  (a) Every dealer, manufacturer, importer, and
exporter of any destructive device, or any motion picture or
television studio using destructive devices in the conduct of
its business, shall obtain a permit for the conduct of that
business from the Department of Justice.
   (b) Any person, firm, or corporation not mentioned in
subdivision (a) shall obtain a permit from the Department of
Justice in order to possess or transport any destructive device.
  No permit shall be issued to any person who meets any of the
following criteria:
   (1) Has been convicted of any felony.
   (2) Is addicted to the use of any narcotic drug.
   (3) Is a person in a class prohibited by Section 8100 or 8103
of the Welfare and Institutions Code.
   (c) Applications for permits shall be filed in writing,
signed by the applicant if an individual, or by a member or
officer qualified to sign if the applicant is a firm or
corporation, and shall state the name, business in which
engaged, business address, and a full description of the use to
which the destructive devices are to be put.
   (d) Applications and permits shall be uniform throughout the
state on forms prescribed by the Department of Justice.
   (e) Each applicant for a permit shall pay at the time of
filing his or her application a fee not to exceed the
application processing costs of the Department of Justice.  A
permit granted pursuant to this article may be renewed one year
from the date of issuance, and annually thereafter, upon the
filing of a renewal application and the payment of a permit
renewal fee not to exceed the application processing costs of
the Department of Justice.  After the department establishes
fees sufficient in amount to cover processing costs, the amount
of the fees shall only increase at a rate not to exceed the
legislatively approved cost-of-living adjustment for the
department.
  SEC. 172. Section 2051 of the Public Contract Code is amended
to read:
   2051.  As used in this chapter, the following definitions
apply:
   (a) "Awarding department" means any state agency, department,
governmental entity, including the California State University,
or officer or entity empowered by law to enter into contracts
on behalf of the State of California.
   (b) "Department" means the Department of Transportation.
   (c) "Minority," for purposes of this section, means a citizen
or lawful permanent resident of the United States who is an
ethnic person of color and who is:  Black (a person having
origins in any of the Black racial groups of Africa); Hispanic
(a person of Mexican, Puerto Rican, Cuban, or Central or South
American culture or origin regardless of race); Native American
(an American Indian, Eskimo, Aleut, or Native Hawaiian);
Pacific-Asian (a person whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa,
Guam, or the United States Trust Territories of the Pacific or
including the Northern Marianas); Asian-Indian (a person whose
origins are from India, Pakistan, or Bangladesh); or any other
group of natural persons identified as minorities in the
respective project specifications of an awarding department or
participating local agency.  A person of Spanish or Portuguese
culture or origin, other than Hispanic, shall constitute a
minority for purposes of this section only with respect to
contracts fully or partially funded by the federal government.
   (d) "Minority business enterprise" means a business concern
that meets all of the following criteria:
   (1) The business is at least 51 percent owned by one or more
minorities or, in the case of any business whose stock is
publicly held, at least 51 percent of the stock is owned by one
or more minorities.
   (2) A business whose management and daily operations are
controlled by one or more minorities who own the business.
   (3) A business concern with its home office located in the
United States which is not a branch or subsidiary of a foreign
corporation, firm, or other business.
   (e) "Women business enterprise" means a business concern that
meets all of the following criteria:
   (1) The business is at least 51 percent owned by one or more
women or, in the case of any business whose stock is publicly
held, at least 51 percent of the stock is owned by one or more
women.
   (2) A business whose management and daily operations are
controlled by one or more women who own the business.
   (3) A business concern with its home office located in the
United States which is not a branch or subsidiary of a foreign
corporation, firm, or other business.
   (f) A "disadvantaged business enterprise" means a business
concern that is all of the following:
   (1) A "disadvantaged business" as that term is used in
Section 23.62 of Title 49 of the Code of Federal Regulations.
   (2) An individual proprietorship, partnership, corporation,
or joint venture.
   (3) Organized for profit, with a place of business located in
the United States and which makes a significant contribution to
the United States economy through payment of taxes or use of
American products, materials, or labor.
   (g) "Participating state or local agency" means any state or
local agency that elects to participate in the certification
process pursuant to this chapter.  For purposes of this
subdivision, the following definitions apply:
   (1) "State agency" means any department, division, board,
bureau, commission, or agency of the executive branch of
government.
   (2) "Local agency" means a county or city, whether general
law or chartered, city and county, school district, or other
district.
   (3) "District" means an agency of the state, formed pursuant
to general law or special act, for the local performance of
governmental or proprietary functions within limited boundaries.

  SEC. 173. Section 5029 of the Public Resources Code is amended
to read:
   5029.  (a) The commission shall, within 90 days after the
approval by the director of the issuance by the commission of an
historical resources designation for an individual property,
submit to the county recorder for recordation, and the county
recorder shall record, a certified resolution establishing the
historical resources designation.  For historical resources
designations approved prior to March 15, 1993, the commission
may submit for recordation, and the county recorder shall
record, a certified resolution of historical resources
designation.
   (b) Any local agency, or unit thereof, shall, within 90 days
of an historical resources designation by the local agency or
unit for an individual property, submit to the county recorder
for recordation, and the county recorder shall record, a
certified resolution establishing the historical resources
designation.  For historical resources designations made prior
to March 15, 1993, the local agency, or unit thereof, may submit
for recordation, and the county recorder shall record, a
certified resolution of historical resources designation.
   (c) The resolution shall include the name of the current
property owner, the designating entity, the specific historical
resources designation, and a legal description of the property.

   (d) The recorder shall index the recorded resolutions of the
commission or local agency, or unit thereof, listing the
respective agency as the "grantor" and the current owner as the
"grantee" for that purpose.
   (e) For the purpose of this section, the term "historical
resources designation" means the California Register of
Historical Resources and any local historical resources
designation resulting in restrictions on demolitions or
alterations.
   (f) This section shall have no effect on the right, title, or
interest in the property identified after March 15, 1993, which
is acquired by a bona fide purchaser for value between the time
of designation of the property as a historical resource and
time that the designation is recorded unless the purchaser had
actual knowledge of the designation.
   (g) This section shall have no effect upon the title to any
property that is subject to this section.
  SEC. 174. Section 5072.8 of the Public Resources Code, as
added by Chapter 701 of the Statutes of 1992, is repealed.
  SEC. 175. Section 5079.01 of the Public Resources Code is
amended to read:
   5079.01.  As used in this chapter, the following terms have
the following meanings:
   (a) "California Register" means the California Register of
Historic Resources.
   (b) "Commission" means the State Historical Resources
Commission.
   (c) "Fund" means the California Heritage Fund created
pursuant to Section 5079.10.
   (d) "Historical landmark" and "historical resource" have the
same meaning as set forth in subdivision (i) and subdivision
(j), respectively, of Section 5020.1.
   (e) "Historical resource preservation project" is a product,
facility, or project designed to preserve an historical resource
that is listed, or formally determined eligible for listing, in
the National Register of Historic Places or the California
Register, or designated as a historical landmark or point of
historical interest.
   (f) "National Register of Historic Places" means the official
federal list of districts, sites, buildings, structures, and
objects significant in American history, architecture,
archaeology, engineering, and culture as authorized by the
National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470
et seq.).
   (g) "Nonprofit organization" means any private, nonprofit
organization, existing under Section 501(c)(3) of the United
States Internal Revenue Code, that has, among its principal
charitable purposes, the preservation of historic resources for
cultural, scientific,
    historic, educational, recreational, agricultural, or scenic
opportunities.
   (h) "Office" means the State Office of Historic Preservation.

   (i) "Point of historical interest" has the same meaning as
set forth in subdivision (o) of Section 5020.1.
   (j) "Preservation" means identification, evaluation,
recordation, documentation, curation, acquisition, protection,
management, rehabilitation, restoration, stabilization,
maintenance, and reconstruction, or any combination of those
activities.
   (k) "Public agency" means a federal agency, state agency,
city, county, district, association of governments, joint powers
agency, or tribal organization.
   (l) "Stewardship" means the development and implementation of
programs for the proper care, interpretation, and repose of
items of historic and cultural value.
  SEC. 176. Section 5079.12 of the Public Resources Code is
amended to read:
   5079.12.  In addition to any public funds appropriated
expressly for the purposes of this chapter, the office may apply
for and accept grants, and accept gifts, donations,
subventions, rents, royalties, and other financial support, or
real or personal property, from private sources.  All money
received from private sources shall be deposited in a separate
account established pursuant to Section 5079.11 and,
notwithstanding Section 5079.10, is hereby continuously
appropriated to the office for expenditure for historical
resources preservation projects pursuant to this chapter after
notification to, and project approval by, the Department of
Finance.
  SEC. 177. Section 6217 of the Public Resources Code is amended
to read:
   6217.  With the exception of revenues derived from state
school lands and from sources described in Sections 6217.6,
6301.5, 6301.6, 6855, and 8551 to 8558, inclusive, and Section
6406 (insofar as the proceeds are from property that has been
distributed or escheated to the state in connection with
unclaimed estates of deceased persons), the commission shall
deposit in the State Treasury all revenues, moneys, and
remittances received by it under this division, and under
Chapter 138 of the Statutes of 1964, First Extraordinary
Session, and these sums shall be applied to the following
obligations in the following order:
   (a) To the General Fund, the revenue necessary to provide in
any fiscal year for the following:
   (1) Payment of refunds, authorized by the commission and
approved by the State Board of Control, out of appropriations
made for that purpose by the Legislature.
   (2) Payment of expenditures of the commission as provided in
the annual Budget Act approved by the Legislature.
   (3) Payments to cities and counties of the amounts specified
in Section 6817 for the purposes specified in that section, and
the revenues so deposited are appropriated for that purpose.
   (4) Payments to cities and counties of the amounts agreed to
pursuant to Section 6875.
   (b) To the California Water Fund each fiscal year the amount
of twenty-five million dollars ($25,000,000).
   (c) To the Central Valley Water Project Construction Fund
each fiscal year the amount of five million dollars
($5,000,000).
   (d) (1) To the General Fund, the amount of five hundred
twenty-five thousand dollars ($525,000) for each of the 1994-95,
1995-96, 1996-97, 1997-98, and 1998-99 fiscal years for
distribution for public and private higher education for use as
up to two-thirds of the local matching share for projects under
the National Sea Grant College and Program Act of 1966 (P.L.
89-688) approved, upon the recommendation of the advisory panel
appointed pursuant to this section, by the Secretary of the
Resources Agency or his or her designee.  The Secretary of the
Resources Agency shall submit a report to the Legislature on or
before January 1, 1993, which evaluates this program and makes
recommendations on whether changes should be made to the program
or whether it should be continued.  The Legislature shall
consider recommendations from the Secretary of the Resources
Agency and other interested parties on the benefits to the
people of the State of California derived from this program and
shall determine whether or not to continue similar
appropriations for subsequent fiscal years.
   (2) There shall be an advisory panel to the Secretary of the
Resources Agency consisting of 17 members, which shall do all of
the following:
   (A) Identify state needs that might be met through Sea Grant
research projects, including, but not limited to, such fields as
living marine resources, aquaculture, ocean engineering, marine
minerals, public recreation, coastal physical processes and
coastal and ocean resources planning and management, and marine
data acquisition and dissemination, establish priorities for
those needs, and transmit those needs and priorities to the
Legislature not later than January 1 of each year and include
them in all announcements of proposals for grants in the
following fiscal year.
   (B) Review all applications for funding under this section
and make recommendations based upon the priorities it
establishes.
   (C) Periodically review progress on Sea Grant research
projects subsequent to their approval and funding under this
section.
   (D) Make recommendations to the Secretary of the Resources
Agency with respect to the implementation of this section.
   (3) The Secretary of the Resources Agency shall appoint the
following members of the advisory panel, who shall serve at the
pleasure of the secretary:
   (A) A representative of the Department of Boating and
Waterways.
   (B) A representative of the Department of Conservation.
   (C) A representative of the Department of Fish and Game.
   (D) The Executive Director of the California Coastal
Commission or his or her designee.
   (E) A representative of the fish industry.
   (F) A representative of the aquaculture industry.
   (G) A representative of the ocean engineering industry.
   (H) A representative of the University of California.
   (I) A representative of the California State University.
   (J) A representative of a private California institution of
higher education which is participating in the National Sea
Grant Program.
   (K) A representative of the State Lands Commission.
   (L) A representative of the Office of Environmental Health
Hazard Assessment.
   (M) A representative of the State Water Resources Control
Board.
   (N) A representative of the Office of Oil Spill Prevention
and Response in the Department of Fish and Game, designated by
the administrator for oil spill response.
   (4) The Senate Committee on Rules shall appoint one Member of
the Senate to the panel, who shall serve at the pleasure of the
Senate Committee on Rules.
   (5) The Speaker of the Assembly shall appoint one Member of
the Assembly to the panel, who shall serve at the pleasure of
the Speaker.  This member shall not be of the same political
party as the member appointed by the Senate Committee on Rules.

   (6) The Secretary of the Resources Agency, or the secretary's
designee, shall serve as chairperson of the panel.  Panel
members shall serve without compensation.
   (7) The Sea Grant research projects selected for state
support under this subdivision shall have a clearly defined
benefit to the people of the State of California.  These
projects, to be conducted by universities, colleges, or other
institutions participating in the California Sea Grant College
Program, shall be applicable to marine and coastal resources
management, policy, science, and engineering issues that face
the State of California now or in the reasonably foreseeable
future.  The Legislature hereby finds and declares that the
funding provided by this subdivision is needed to stimulate the
development and utilization of ocean and coastal resources by
working constructively with private sector firms and
individuals.  The Legislature further recognizes the high
productivity of the California Sea Grant College Program, the
only statewide program systematically devoted to supporting
fundamental research, education, and extension activities on the
diversity of problems related to marine resource protection and
development.  Nothing in this subdivision shall be construed to
preclude the application for funding of any project that would
be eligible for funding under the terms of the National Sea
Grant College and Program Act of 1966.
   (e) To the Capital Outlay Fund for Public Higher Education
for the 1984-85 fiscal year the amount of one hundred two
million one hundred sixty-eight thousand dollars ($102,168,000),
and for each fiscal year thereafter, the amount necessary to
provide for an unencumbered balance available for appropriation
on July 1 of each fiscal year of one hundred twenty-five million
dollars ($125,000,000).
   (f) To the Energy and Resources Fund each fiscal year,
commencing with the 1985-86 fiscal year, the amount of
sixty-five million dollars ($65,000,000).
   (g) To the Special Account for Capital Outlay, the balance of
all revenues in excess of the amount distributed under
subdivisions (a), (b), (c), (d), (e), and (f).
   The commission may, with the approval of the State Board of
Control, authorize the refund of moneys received or collected by
it illegally or by mistake, inadvertence, or error.  Claims
authorized by the commission and approved by the State Board of
Control shall be filed with the Controller, and the Controller
shall draw his or her warrant against the General Fund in
payment of the refund from any appropriation made for that
purpose.
   All references in any law to former Section 6816, which was
repealed by Chapter 981 of the Statutes of 1968, shall be deemed
to refer to this section.
  SEC. 178. Section 14571.7 of the Public Resources Code is
amended to read:
   14571.7.  (a) Except as provided in subdivision (b), in any
convenience zone where a recycling location or locations were
initially established, but where the location or locations cease
to operate in accordance with Section 14571, on or before
August 1, 1990, and in any convenience zone designated after
January 1, 1990, the department shall notify all dealers within
that convenience zone that a recycling location is required to
be established within 60 days.  If, within 30 days of the
notification, no recycling location has been established which
satisfies the requirements of Section 14571, the department
shall notify all dealers within that zone, and one or more
dealers within that zone shall establish, or cause to be
established, a recycling location.
   (b) In any convenience zone where a recycling location or
locations were initially established, but where the location or
locations cease to operate in accordance with Section 14571, on
or after August 1, 1990, or the convenience zone is to be
established after October 1, 1990, the department shall
determine, pursuant to Section 14571.8, if the convenience zone
is eligible for an exemption.  If the convenience zone meets all
of the requirements for an exemption pursuant to Section
14571.8, the department shall grant one exemption.  If the
department determines that a convenience zone is not eligible
for an exemption pursuant to subdivision (a) and Section
14571.8, the department shall notify all dealers  within that
convenience zone that a recycling location is required to be
established within 60 days.  If, within 30 days of the
notification, no recycling location has been established which
satisfies the requirements of Section 14571, the department
shall notify all dealers within that zone, and one or more
dealers within that zone shall establish, or cause to be
established, a recycling location.
  SEC. 179. Section 41780.2 of the Public Resources Code is
amended to read:
   41780.2.  (a) Each city, county, or member agency of a
regional agency shall determine the amount of reduction in solid
waste disposal and the amount of additional diversion required
from the base-year amounts by using the methods set forth in
this section.
   (b) The city, county, or member agency of a regional agency
shall multiply the total amount of base-year solid waste
generation, as adjusted using the methods described in
subdivision (c) of Section 41780.1, by 0.75 to determine the
maximum amount of total disposal allowable in 1995 to meet the
diversion requirements of Section 41780.
   (c) The city, county, or member agency of a regional agency
shall multiply the total amount of base-year solid waste
generation, as adjusted using the methods described in
subdivision (c) of Section 41780.1, by 0.50 to determine the
maximum amount of total disposal allowable in the year 2000 to
meet the diversion requirements of Section 41780.
   (d) The city, county, or member agency of a regional agency
shall multiply the total amount of base-year solid waste
generation, as adjusted using the methods described in
subdivision (c) of Section 41780.1, by 0.25 to determine the
minimum amount of total diversion needed in the year 1995 to
meet the diversion requirements of Section 41780.
   (e) The city, county, or member agency of a regional agency
shall multiply the total amount of base-year solid waste
generation, as adjusted using the methods described in
subdivision (c) of Section 41780.1, by 0.50 to determine the
minimum amount of total diversion needed in the year 2000 to
meet the diversion requirements of Section 41780.
   (f) The city, county, or member agency of a regional agency
shall subtract the total amount of base-year existing diversion
from the minimum total diversion required as determined in
subdivision (d) or (e) to determine the amount of additional
diversion needed to meet the diversion requirements of Section
41780.  This amount of additional diversion shall be equal to
the minimum amount of additional reduction in disposal amounts
which is needed to comply with Section 41780.
  SEC. 180. Section 42145.5 of the Public Resources Code is
amended and renumbered to read:
   40506.1.  (a) Notwithstanding any other provision of law, the
board may sell any of its loans made pursuant to this division
on the secondary market and may pool its loans.  All proceeds
shall be deposited into the same accounts into which the loan
repayments from each loan would have been deposited, and the use
of the proceeds shall be limited to the authorized uses of
these accounts.
   (b) The board shall not sell its loans pursuant to this
section if the loan sale results in more than a 25-percent
discount of the principal amount, excluding any expenses or
reserves required as a condition of the loan sale.
  SEC. 181. Section 42291 of the Public Resources Code is
amended to read:
   42291.  (a) Every manufacturer that manufactures plastic
trash bags of 1.0 mil or greater thickness for sale in this
state shall ensure that at least 10 percent of the material used
in those plastic trash bags is recycled plastic postconsumer
material.
   (b) (1) On and after January 1, 1995, every manufacturer that
manufactures plastic trash bags of 0.75 mil or greater
thickness for sale in this state shall ensure that at least 30
percent of the material used in those plastic trash bags is
recycled plastic postconsumer material.
   (2) If any manufacturer is unable to obtain sufficient
amounts of recycled plastic postconsumer material to comply with
this subdivision within a reporting period because of
unavailability or because the available material did not meet
recycled plastic postconsumer material quality standards adopted
by the board, the manufacturer shall certify that fact to the
board.
  SEC. 182. Section 42950 of the Public Resources Code is
amended to read:
   42950.  For purposes of this chapter, the following
definitions apply:
   (a) "Applicant" means any person seeking to register as a
waste tire hauler.
   (b) "Waste tire" means a tire that is not on the wheel of a
vehicle and is no longer suitable for its original intended use
due to wear, damage, defect, or deviation from the manufacturer'
s specifications, including, but not limited to, all used tires,
altered waste tires, recappable casings, and scrap tires.
"Waste tire" includes tires that have been altered by processes
including, but not limited to, shredding, chopping, and slicing.

   (c) "Agricultural purposes" means the use of waste tires as
bumpers on agricultural equipment or as a ballast to maintain
covers or structures at an agricultural site.
   (d) "Common carrier" means a "highway common carrier," as
defined in Section 213 of the Public Utilities Code.
  SEC. 183. Section 60007 of the Public Resources Code is
amended to read:
   60007.  "State act" means the California Integrated Waste
Management Act of 1989 (Division 30 (commencing with Section
40000)).
  SEC. 184. Section 1007.5 of the Public Utilities Code is
amended to read:
   1007.5.  The commission, in the exercise of the jurisdiction
conferred upon it by the Constitution of the state and by this
part, and consistent with Section 9 of Article I of the
California Constitution and Section 10 of Article I of the
United States Constitution, may grant certificates of public
convenience and necessity, make decisions and orders, and
prescribe rules affecting vessel common carriers notwithstanding
the provisions of any ordinance, permit, or franchise of any
city, county, or other political subdivision of this state, and
in the case of conflict between any certificate, decision,
order, or rule of the commission and any ordinance, permit, or
franchise, the certificate, decision, order, or rule of the
commission shall prevail.
  SEC. 185. Section 2282.5 of the Public Utilities Code is
amended and renumbered to read:
   2882.5.  (a) The following conditions apply to the offering
of enhanced services by local exchange telephone corporations,
their subsidiaries, and affiliates:
   (1) To the extent that the local exchange telephone
corporation's facilities, information, assets, and personnel are
utilized in the offering of enhanced services, the local
exchange telephone corporation's basic telephone service
operations shall be not less than fully compensated for their
use.
   (2) Cross-subsidy of the enhanced services by the
noncompetitive services offered by the local exchange telephone
corporation is prohibited.  When the local exchange telephone
corporation requests authority to offer an enhanced service, the
commission shall analyze that request, hold hearings if
appropriate, and impose safeguards that will prevent this type
of cross-subsidy from occurring.  However, the commission may
expressly authorize cross-subsidy of noncompetitive enhanced
services when necessary for the public's health and safety, or
to provide necessary information to consumers concerning the
telecommunications network.
   (3) Anticompetitive behavior by the local exchange telephone
corporation with respect to enhanced services is prohibited.
When the local exchange telephone corporation requests authority
to offer an enhanced service, the commission shall analyze that
request, hold hearings if appropriate, and have in place
whatever safeguards are necessary to prevent anticompetitive
behavior from occurring.
   (b) To the extent that accounting mechanisms are utilized to
achieve the purposes of this section, the commission shall
perform, or cause to be performed, annual audits to ensure
compliance with subdivision (a).  The audits shall specifically
examine each enhanced service for which the commission has
granted an exemption from subdivision (a) of Section 489.  The
commission may determine that other audits required or performed
by the commission, or independent audits required by the
Federal Communications Commission, are directly applicable to
the intrastate operations under review and satisfy this
requirement.  Upon request, the audits shall be made available
consistent with the commission's procedures for handling
proprietary information.  The commission may impose additional
conditions that are not in conflict with the above provisions.
   (c) To the extent necessary to ensure that competition in
enhanced service markets is fair, the commission shall do all of
the following:
   (1) Ensure nondiscriminatory access by all enhanced service
providers to the local exchange telecommunications network
capabilities, including network billing services, on equivalent
terms, conditions, price, and quality as are made available to
the local exchange telephone corporation's enhanced services
operations, affiliates, subsidiaries, partners, and joint
ventures.
   (2) Disaggregate and price the elemental capabilities of the
local exchange telephone corporation's telephone network.
   (3) Consider whether the local exchange telephone corporation'
s customer proprietary network information and services that are
ancillary to the local exchange telecommunications network
capabilities should be made available to all enhanced service
providers.
   (4) Implement any other procedures that are necessary to
ensure fair competition.
   (d) The commission may exempt local exchange telephone
corporations serving less than 500,000 access lines from
subdivisions (b) and (c).
   (e) If a local exchange telephone corporation is found by the
commission or any court of competent jurisdiction to have
improperly and materially cross-subsidized an enhanced service
or to have behaved in an unlawfully anticompetitive manner in
the offering of an enhanced service, any exemption from
subdivision (a) of Section 489 granted by the commission to that
local exchange telephone corporation for that enhanced service
shall be revoked.  The commission shall consider the impact of
the cross-subsidy on consumers, competitors, and the market for
that enhanced service when determining whether a cross-subsidy
is material.  Twelve months subsequent to the revocation of the
exemption, the local exchange telephone corporation may reapply
to the commission for an exemption from subdivision (a) of
Section 489.
   (f) Nothing in this section shall limit the commission's
authority to impose other sanctions on the local exchange
telephone corporation, including fines or penalties, or both,
for violations of this section.  The fines or penalties, or
both, shall not be recoverable from ratepayers.  The commission
shall consider handling complaints about cross-subsidy or
anticompetitive behavior on an expedited basis.
   (g) For purposes of this section, enhanced services are
defined as services offered over telecommunications facilities
that employ computer processing applications that act on the
format, content, code, protocol, or similar aspects of the
subscriber's transmitted information, provide the subscriber
additional, different, or restructured information, or involve
subscriber interaction with stored information.
   (h) Nothing in this section shall be construed to limit the
authority of the commission to perform its duties, including
resolving consumer complaints, in relation to any services
offered.
   (i) Nothing in this section shall require that the commission
exempt any enhanced service or enhanced service provider from
subdivision (a) of Section 489.  The commission shall have the
authority to revoke at any time any exemptions granted pursuant
to this section.
   (j) Nothing in this section limits the authority of the
commission to protect customers' privacy.
   (k) The commission shall report to the Legislature on a
timely basis if any of the penalty provisions of subdivision (e)
or (f) are invoked.
   (l) This section shall remain in effect only until January 1,
1998, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1998, deletes or
extends that date.
  SEC. 186. Section 2872 of the Public Utilities Code is amended
to read:
   2872.  (a) The connection of automatic dialing-announcing
devices to a telephone line is subject to this article and to
the jurisdiction, control, and regulation of the commission.
   (b) No person shall operate an automatic dialing-announcing
device except in accordance with this article.  The use of such
a device by any person, either individually or acting as an
officer, agent, or employee of a person or corporation operating
automatic dialing-announcing devices, is subject to this
article.
   (c) No person shall operate an automatic dialing-announcing
device in this state to place a call that is received by a
telephone in this state during the hours between 9 p.m. and 9
a.m. California time.
   (d) This article does not prohibit the use of an automatic
dialing-announcing device by any person exclusively on behalf of
any of the following:
   (1) A school for purposes of contacting parents or guardians
of pupils regarding attendance.
   (2) An exempt organization under the Bank and Corporation Tax
Law (Part 11 (commencing with Section 23001) of Division 2 of
the Revenue and Taxation Code) for purposes of contacting its
members.
   (3) A privately owned or publicly owned cable television
system for purposes of contacting customers or subscribers
regarding the previously arranged installation of facilities on
the premises of the customer or subscriber.
   (4) A privately owned or publicly owned public utility for
purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises
of the customer or subscriber or for purposes of contacting
employees for emergency actions or repairs required for public
safety or to restore services.
   (5) A petroleum refinery, chemical processing plant, or
nuclear powerplant for purposes of advising residents, public
service agencies, and the news media in its vicinity of an
actual or potential life-threatening emergency.
   (e) This article does not prohibit law enforcement agencies,
fire protection agencies, public health agencies, public
environmental health agencies, city or county emergency services
planning agencies, or any private for-profit agency operating
under contract with, and at the direction of, one or more of
these agencies, from placing calls through automatic
dialing-announcing devices, if those devices are used for any of
the following purposes:
   (1) Providing public service information relating to public
safety.
   (2) Providing information concerning police or fire
emergencies.
   (3) Providing warnings of impending or threatened
emergencies.
   These calls shall not be subject to Section 2874.
   (f) This article does not apply to any automatic
dialing-announcing device that is not used to randomly or
sequentially dial telephone numbers but that is used solely to
transmit a message to an established business associate,
customer, or other person having an established relationship
with the person using the automatic
              dialing-announcing device to transmit the message,
or to any call generated at the request of the recipient.
   (g) The commission may determine any question of fact arising
under this section.
  SEC. 187. Section 2891.1 of the Public Utilities Code is
amended to read:
   2891.1.  (a) Notwithstanding Section 2891, a telephone
corporation selling or licensing lists of residential
subscribers shall not include the telephone number of any
subscriber assigned an unlisted or unpublished access number.
   (b) A subscriber may waive all or part of the protection
provided by this section through written notice to the telephone
corporation.
   (c) This section does not apply to the provision of telephone
numbers to the following parties for the purposes indicated:
   (1) To a collection agency, to the extent disclosures made by
the agency are supervised by the commission, exclusively for
the collection of unpaid debts.
   (2) (A) To any law enforcement agency, fire protection
agency, public health agency, public environmental health
agency, city or county emergency services planning agency, or
private for-profit agency operating under contract with, and at
the direction of, one or more of these agencies, for the
exclusive purpose of responding to a 911 call or communicating
an imminent threat to life or property.
   (B) Any information or records provided to a private
for-profit agency pursuant to this subdivision shall be held in
confidence by that agency and by any individual employed by or
associated with that agency.  This information or these records
shall not be open to examination for any purpose not directly
connected with the administration of the services specified in
subdivision (e) of Section 2872 or this paragraph.
   (3) To a lawful process issued under state or federal law.
   (4) To a telephone corporation providing service between
service areas for the provision to the subscriber of telephone
service between service areas, or to third parties for the
limited purpose of providing billing services.
   (5) To the commission pursuant to its jurisdiction and
control over telephone and telegraph corporations.
   (d) Every deliberate violation of this section is grounds for
a civil suit by the aggrieved subscriber against the
organization or corporation and its employees responsible for
the violation.
   (e) For purposes of this section, "unpublished or unlisted
access number" means a telephone, telex, teletex, facsimile,
computer modem, or any other code number that is assigned to a
subscriber by a telephone or telegraph corporation for the
receipt of communications initiated by other telephone or
telegraph customers and that the subscriber has requested that
the telephone or telegraph corporation keep in confidence.
   (f) No telephone corporation, nor any official or employee
thereof, shall be subject to criminal or civil liability for the
release of customer information as authorized by this section.

  SEC. 188. Section 3910 of the Public Utilities Code is amended
to read:
   3910.  (a) No highway carrier shall engage in any interstate
or foreign transportation of property or passengers for
compensation by motor vehicle on any public highway in this
state without first having registered the operation with the
commission or with the carrier's base registration state, if
other than California, as determined in accordance with final
regulations issued by the Interstate Commerce Commission
pursuant to the Intermodal Surface Transportation Efficiency Act
of 1991 (49 U.S.C., Sec. 11506).  To register with the
commission, a highway carrier shall comply with the following:
   (1) When the operation requires authority from the Interstate
Commerce Commission under the Interstate Commerce Act, a copy
of that authority shall be filed with the initial application
for registration.  A copy of any additions or amendments to the
authority shall be filed with the commission.  Proof of public
liability protection shall also be filed with the commission.
   (2) If the operation does not require authority from the
Interstate Commerce Commission under the Interstate Commerce
Act, an affidavit of that exempt status shall be filed with the
application for registration.
   (b) The commission shall grant registration upon the filing
of the application pursuant to applicable law and the payment of
any applicable fees, subject to the highway carrier's
compliance with this chapter.
  SEC. 189. Section 3911 of the Public Utilities Code is amended
to read:
   3911.  The commission shall establish fees to be charged for
registration consistent with the final regulations embodying
standards as set forth in the Intermodal Surface Transportation
Efficiency Act of 1991 (49 U.S.C., Sec. 11506) and adopted by
the Interstate Commerce Commission.
  SEC. 190. Section 99401.5 of the Public Utilities Code is
amended to read:
   99401.5.  Prior to making any allocation not directly related
to public transportation services, specialized  transportation
services, or facilities provided for the exclusive use of
pedestrians and bicycles, the transportation planning agency
shall annually do all of the following:
   (a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
   (b) Identify the transit needs of the jurisdiction which have
been considered as part of the transportation planning process,
including the following:
   (1) An annual assessment of the size and location of
identifiable groups likely to be transit dependent or transit
disadvantaged, including, but not limited to, the elderly, the
handicapped, including individuals eligible for paratransit and
other special transportation services pursuant to Section 12143
of Title 42 of the United States Code (the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.)),
and persons of limited means.
   (2) An analysis of the adequacy of existing public
transportation services and specialized transportation services,
including privately and publicly provided services necessary to
implement the plan prepared pursuant to Section 12143 (c) (7)
of Title 42 of the United States Code, in meeting the transit
demand identified pursuant to paragraph (1).
   (3) An analysis of the potential alternative public
transportation and specialized transportation services and
service improvements that would meet all or part of the transit
demand.
   (c) Identify the unmet transit needs of the jurisdiction and
those needs that are reasonable to meet.  The transportation
planning agency shall hold at least one public hearing pursuant
to Section 99238.5 for the purpose of soliciting comments on the
unmet transit needs that may exist within the jurisdiction and
that might be reasonable to meet by establishing or contracting
for new public transportation or specialized transportation
services or by expanding existing services.  The definition
adopted by the transportation planning agency for the terms
"unmet transit needs" and "reasonable to meet" shall be
documented by resolution or in the minutes of the agency.  The
fact that an identified transit need cannot be fully met based
on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet.  An agency's
determination of needs that are reasonable to meet shall not be
made by comparing unmet transit needs with the need for streets
and roads.
   (d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c).  The finding shall be that (1)
there are no unmet transit needs, (2) there are no unmet transit
needs that are reasonable to meet, or (3) there are unmet
transit needs, including needs that are reasonable to meet.  The
resolution shall include information developed pursuant to
subdivisions (a), (b), and (c) which provides the basis for the
finding.
   (e) If the transportation planning agency adopts a finding
that there are unmet transit needs, including needs that are
reasonable to meet, then the unmet transit needs shall be funded
before any allocation is made for streets and roads within the
jurisdiction.
  SEC. 191. Section 74.3 of the Revenue and Taxation Code is
amended to read:
   74.3.  (a) For purposes of subdivision (a) of Section 2 of
Article XIIIA of the California Constitution, "newly constructed"
does not include the construction, installation, or
modification of any portion or structural component of an
existing single- or multiple-family dwelling that is eligible
for the homeowner's exemption as described in Section 218, if
the construction, installation, or modification is for the
purpose of making the dwelling more accessible to a severely and
permanently disabled person who is a permanent resident of the
dwelling.
   (b) For purposes of this section, "a severely and permanently
disabled person" is any person who has a physical disability or
impairment, whether from birth or by reason of accident or
disease, that results in a functional limitation as to
employment or substantially limits one or more major life
activities of that person, and that has been diagnosed as
permanently affecting the person's ability to function,
including, but not limited to, any disability or impairment that
affects sight, speech, hearing, or the use of any limbs.
   (c) For purposes of this section, "accessible" means that
combination of elements with regard to any dwelling that
provides for access to, circulation throughout, and the full use
of, the dwelling and any fixture, facility, or item therein.
The construction of an entirely new addition, such as a bedroom
or bath, that duplicates existing facilities in the dwelling
that are not otherwise available to the disabled resident solely
because of his or her disability, shall be deemed to make the
dwelling more accessible within the meaning and for the purposes
of this section.
   (d) The exclusion provided by this section shall apply only
to those improvements or features that specially adapt a
dwelling accessibility by a severely and permanently disabled
person.  The value of any improvement, addition, or modification
excluded pursuant to this section shall not include any other
functional improvement, addition, or modification to the
property unless it is merely incidental to the qualified
improvements or features.
   (e) The exclusion provided by this section shall not apply to
the construction of an entirely new dwelling.
   (f) The construction, installation, or modification, with
regard to an existing building, for purposes of making the
structure more accessible to a disabled person, shall be
eligible for exclusion pursuant to this section only if the
disabled person, or his or her spouse or legal guardian, submits
to the assessor both of the following:
   (1) A statement signed by a licensed physician or surgeon, of
appropriate specialty which certifies that the person is
severely and permanently disabled as defined in subdivision (b),
and identifies specific disability-related requirements
necessitating accessibility improvements or features.
   (2) A statement that identifies the construction,
installation, or modification that was in fact necessary to make
the structure more accessible to the disabled person.
   (g) The assessor may charge a fee to the disabled person or
his or her spouse or legal guardian sufficient to reimburse the
assessor for the costs of processing and administering the
statement required by subdivision (f).
   (h) This section shall apply to construction, installations,
or modifications completed on or after June 6, 1990.
  SEC. 192. Section 97.036 of the Revenue and Taxation Code, as
added by Chapter 901 of the Statutes of 1993, is amended and
renumbered to read:
   97.034.  (a) Notwithstanding any other provision of this
chapter, the water quality control compliance costs of a
qualified special district for the relevant fiscal year shall be
deducted from the amount of property tax revenue subject to
reduction with respect to that district under Section 97.03 for
the 1992-93 fiscal year, under Section 97.035 for the 1993-94
fiscal year, and under any statute with respect to any
subsequent fiscal year that would reduce the amount of property
tax revenue deemed allocated in the prior fiscal year to that
district for purposes of increasing the amount of property tax
revenue allocated to another jurisdiction.
   (b) For purposes of this section:
   (1) A "qualified special district" means any special district
that is required to comply with Chapter 12 (commencing with
Section 13950) of Division 7 of the Water Code.
   (2) "Water quality control compliance costs" mean those
costs, including, but not limited to, reserves for nongrowth
facility augmentation and replacement and environmental
protection, that are determined by the county auditor in
accordance with subdivision (a) to have been incurred by a
qualified special district in complying with Chapter 12
(commencing with Section 13950) of Division 7 of the Water Code.

   (c) The auditor may assess each qualified special district
its share of the auditor's actual and reasonable costs of
complying with this section.  For purposes of this subdivision,
each share of costs shall be determined in accordance with that
district's proportional share of the total amount of water
quality control compliance costs determined by the auditor for
purposes of this section for each fiscal year.
  SEC. 193. Section 97.036 of the Revenue and Taxation Code, as
added by Chapter 905 of the Statutes of 1993, is amended to
read:
   97.036.  (a) The Director of Finance may reduce the amount of
the transfer to the Educational Revenue Augmentation Account
determined pursuant to subdivision (a) of Section 97.035 for any
eligible county as described in subdivision (b) of this
section.  The total amount of the reductions for all counties
that may be authorized pursuant to this section shall not exceed
two million dollars ($2,000,000).
   (b) For purposes of this section, an "eligible county" is a
county with a population of less than 350,000 as reported in the
1990 federal census that had a fire element of the tax bill in
1977-78, that continues to fund some portion of those costs from
the county general fund in 1993-94, and that provides these
services in the same manner as a special district less than
countywide and has so indicated in the Controller's Report on
Financial Transactions Concerning Counties.
   (c) For each eligible county, the county auditor may submit
the following information to the Director of Finance not later
than November 1, 1993:
   (1) The amount of property tax allocated to the county fire
district in the 1977-78 fiscal year.
   (2) The amount allocated from the county budget to the county
fire district in the 1978-79 fiscal year.
   (3) The amount of property tax reduction for the county fire
district attributable to the passage of Article XIIIA of the
California Constitution by the voters in the primary election in
June 1978.
   (4) The amount of money allocated from the county budget to
the county fire district in the 1993-94 fiscal year.
   (5) The amount allocated to the county fire district from the
Special District Augmentation Fund in the 1992-93 fiscal year.

   (d) For each eligible county that submits to the Director of
Finance by November 1, 1993, the information described in
subdivision (c), the Director of Finance shall make the
following calculations:
   (1) Multiply the amount of property tax allocated to the
county fire district in the 1977-78 fiscal year by the change in
the value of the property tax base for the county from the
1977-78 fiscal year to the 1978-79 fiscal year.
   (2) Subtract the amount reported pursuant to paragraph (3) of
subdivision (c) from the amount determined pursuant to
paragraph (1).
   (3) Multiply the amount determined pursuant to paragraph (2)
by an amount determined by the Director of Finance to be the
change in assessed value for the county from the 1978-79 fiscal
year to the 1993-94 fiscal year.
   (4) Multiply the amount reported pursuant to paragraph (5) of
subdivision (c) by 1.038.
   (5) Add the amount determined pursuant to paragraph (3) to
the amount determined pursuant to paragraph (4).
   (6) Subtract the amount determined pursuant to paragraph (5)
from the amount reported pursuant to paragraph (4) of
subdivision (c).
   (e) The Director of Finance shall determine the sum of all
the amounts determined pursuant to paragraph (6) of subdivision
(d).
   (f) If the sum determined pursuant to subdivision (e) is
greater than two million dollars ($2,000,000), then the Director
of Finance shall proportionately reduce the amount for each
county so that the total of the amounts for all counties does
not exceed two million dollars ($2,000,000).  If the sum
determined pursuant to subdivision (e) does not exceed two
million dollars ($2,000,000), then the Director of Finance shall
not reduce the amount determined for each county.
   (g) The Director of Finance shall by January 15, 1994, notify
each county of its reduction in the amount to be transferred to
the Educational Revenue Augmentation Account pursuant to
subdivision (a) of Section 97.035.  The maximum amount of the
reduction that may be authorized pursuant to this section is
one-half the amount determined pursuant to subdivision (f).
  SEC. 194. Section 97.038 of the Revenue and Taxation Code, as
added by Chapter 900 of the Statutes of 1993, is amended and
renumbered to read:
   97.039.  Notwithstanding Section 97.035, the amount of
property tax revenues of a community service district that is
subject to reduction pursuant to that section shall not include
those property tax revenues, up to the amount of ninety thousand
dollars ($90,000), that are allocated by that district to
"police protection and personal safety" activities, as indicated
in the 1989-90 edition of the Controller's Report on the
Financial Transactions of Special Districts in California.
  SEC. 195. Section 254.5 of the Revenue and Taxation Code is
amended to read:
   254.5.  (a) Affidavits for the welfare exemption and the
veterans' organization exemption shall be filed in duplicate on
or before March 15 of each year with the assessor.  Affidavits
of organizations filing for the first time shall be accompanied
by duplicate certified copies of the financial statements of the
owner and operator.  Thereafter, financial statements shall be
submitted only if requested in writing by either the assessor or
the board.  Copies of the affidavits and financial statements
shall be forwarded not later than April 1 by the assessor with
his or her recommendations for approval or denial to the board
which shall review all the affidavits and statements and may
institute an independent audit or verification of the operations
of the owner and operator to ascertain whether both the owner
and operator meet the requirements of Section 214 of the Revenue
and Taxation Code.  In this connection the board shall
consider, among other matters, whether:
   (1) The services and expenses of the owner or operator
(including salaries) are excessive, based upon like services and
salaries in comparable public institutions.
   (2) The operations of the owner or operator, either directly
or indirectly, materially enhance the private gain of any
individual or individuals.
   (3) Any capital investment of the owner or operator for
expansion of physical plant is justified by the contemplated
return thereon, and required to serve the interests of the
community.
   (4) The property on which exemption is claimed is used for
the actual operation of an exempt activity and does not exceed
an amount of property reasonably necessary to the accomplishment
of the exempt purpose.
   (b) The board shall make a finding as to the eligibility of
each applicant and the applicant's property and shall forward
its finding to the assessor concerned.  In a case where the
board conducts a hearing with respect to the eligibility of the
applicant and the applicant's property, the finding shall be
forwarded to the assessor concerned within 30 days after the
decision is made by the board following the hearing.  The
assessor may deny the claim of an applicant the board finds
eligible but may not grant the claim of an applicant the board
finds ineligible.
   (c) Notwithstanding subdivision (a), an applicant, granted a
welfare exemption and owning any property exempted pursuant to
Section 231, shall not be required to reapply for the welfare
exemption in any subsequent year in which there has been no
transfer of, or other change in title to, the exempted property
and the property is used exclusively by a governmental entity
for its interest and benefit.  The applicant shall notify the
assessor on or before March 15 if, on or before the preceding
lien date, the applicant became ineligible for the welfare
exemption or if, on or before that lien date, the property was
no longer owned by the applicant or otherwise failed to meet all
requirements for the welfare exemption.
   Prior to the lien date, the assessor shall annually mail a
notice to every applicant relieved of the requirement of filing
an annual application by this subdivision.
   The notice shall be in a form and contain that information
that the board may prescribe, and shall set forth the
circumstances under which the property may no longer be eligible
for exemption and advise the applicant of the duty to inform
the assessor if the property is no longer eligible for
exemption.
   The notice shall include a card that is to be returned to the
assessor by any applicant desiring to maintain eligibility for
the welfare exemption under Section 231.  The card shall be in
the following form:

To all persons who have received a welfare exemption under
Section 231 of the Revenue and Taxation Code for the ____ fiscal
year.

Question: Will the property to which the exemption applies in
the ____ fiscal year continue to be used exclusively by
government for its interest and benefit in the ____ fiscal year?

      YES ___  NO ___

Signature: ____________
Title: ______________

Failure to return this card does not of itself constitute a
waiver of exemption as called for by the California
Constitution, but may result in onsite inspection to verify
exempt activity.

   (d) Upon any indication that a welfare exemption has been
incorrectly granted, the assessor shall redetermine eligibility
for the exemption.  If the assessor determines that the
property, or any portion thereof, is no longer eligible for the
exemption, he or she shall immediately cancel the exemption on
so much of the property as is no longer eligible for the
exemption.
   (e) If a welfare exemption has been incorrectly allowed, an
escape assessment as provided by Article 4 (commencing with
Section 531) of Chapter 3 in the amount of the exemption, with
interest as provided in Section 506, shall be made, and a
penalty shall be assessed for any failure to notify the assessor
as required by this section in an amount equaling 10 percent of
the escape assessment, but in no event exceeding two hundred
fifty dollars ($250).
  SEC. 196. Section 2188.8 of the Revenue and Taxation Code is
amended to read:
   2188.8.  (a) Whenever the assessor receives a written request
for separate assessment of timeshare estates in a timeshare
project, as defined in Section 11003.5 of the Business and
Professions Code and as specified in subdivision (h) of this
section, the assessor shall, on the first lien date that occurs
more than 60 days following the request, and on each lien date
thereafter, separately assess each timeshare estate in the
project if the assessor determines that the conditions specified
in subdivision (c) have been met.  Whenever estates in a
timeshare project are separately assessed, they shall continue
to be separately assessed in subsequent fiscal years and once a
request for separate assessment is made with respect to a
project, it is binding on all future timeshare estate owners.
   (b) The interest that is to be separately assessed is the
value of the right of recurrent, exclusive use or occupancy of
real property, annually or on some other periodic basis, for a
specific period of time that has been, or will be, allotted from
the use or occupancy periods into which the project has been
divided.
   (c) The separate assessment of a timeshare estate may not be
made by the assessor unless both of the following occur:
   (1) The person making the request certifies that the request
for separate assessment has been approved in the manner provided
in the organizational documents of the organization involved
for approval of matters affecting the affairs of the
organization generally.
   (2) A diagrammatic floor plan of the improvements, a copy of
the documents setting forth the procedures for scheduling time
and units to each timeshare estate owner, and a list of every
timeshare estate owner, with a date notation thereon showing
when, according to the organization's records, each timeshare
estate was acquired, have been filed with the assessor.  A plot
map of the land showing the location of the improvements on the
land need not be filed unless requested by the assessor.  The
organization shall file an annual statement for each succeeding
assessment year, on or before April 1, with the assessor setting
forth any changes to the required information known to the
organization.  The list or other information provided pursuant
to this section is not a public document and shall not be open
to public inspection, except as provided in Section 408.
   (d) Notwithstanding subdivision (c), this section shall not
be construed to require any person making a request for separate
assessment to meet the requirements of the Subdivision Map Act,
nor shall the approval of any governmental agency be required
for separate assessment.
   (e) The tax on a timeshare estate that is separately assessed
pursuant to this section shall be a lien solely on the
timeshare estate and shall be entered on and be subject to all
provisions of law applicable to taxes on the secured roll,
provided:
   (1) If the taxes on any timeshare estate that is separately
assessed remain unpaid at the time set for declaration of
default for delinquent taxes, the taxes on the timeshare estate,
together with any penalties and costs that may have accrued
thereon while on the secured roll, may be transferred to the
unsecured roll.
   (2) Defaulted timeshare estate taxes remaining unpaid on any
prior year secured tax roll may be transferred to the unsecured
roll and collected like any other tax on the unsecured roll.
                                                          (f)
The assessor shall provide to the principal office of each
timeshare project within the taxing jurisdiction, at the time
and in the manner as he or she deems appropriate, adequate
notice of the provisions of this section and other pertinent
information relative to the implementation thereof.
   (g) The county may charge a fee for processing an application
for separate assessment and for the initial and the ongoing
costs, not to exceed the actual cost, of the separate assessment
and billing, and mailings, with respect to a timeshare project.
  This fee shall be subject to Chapter 12.5 (commencing with
Section 54985) of Part 1 of Division 2 of Title 5 of the
Government Code, and shall be proportionately allocated to each
of the timeshare estate owners.  This fee may be collected
commencing with the initial separate tax bills, and on
subsequent tax bills, and deposited in the county's general
fund.
   (h) For purposes of this section, "timeshare estate" applies
to timeshare estates, as defined in Section 11003.5 of the
Business and Professions Code, that include a fee simple
interest in the underlying property involved.  However,
"timeshare estate" does not include timeshare estates that are
coupled with a leasehold interest or an estate for years.
  SEC. 197. Section 6073 of the Revenue and Taxation Code is
amended to read:
   6073.  (a) (1) When the board determines it is necessary for
the efficient administration of this part, the board may require
the operator of a swap meet, flea market, or special event as a
prerequisite to renting or leasing space on the premises owned
or controlled by that operator to a person desiring to engage in
or conduct business as a seller, to obtain written evidence
that the seller is the holder of a valid seller's permit issued
pursuant to Section 6067, or a written statement from the seller
that he or she is not offering for sale any item that is
taxable under this part or is otherwise not required to hold a
valid seller's permit.
   (2) In providing the board with documentation required by the
board pursuant to paragraph (1), an operator of a swap meet,
flea market, or special event may require each person desiring
to engage in or conduct business as a seller at that swap meet,
flea market, or special event to provide his or her driver's
license number to the operator on a form authorized by the board
or under Section 6073.1.
   (b) At any time as the board may specify in a written notice,
but in no case more than three times in a calendar year, the
board may require an operator to submit to the board a list of
vendors conducting business on their premises as a seller.  Each
listing shall be provided to the board within 30 days after the
date of the board's notice.  The list shall contain the name
and seller's permit number for permitholders and the name,
address, and driver's license number for vendors who do not have
a seller's permit.  Records shall be retained as provided in
Section 7053.
   (c) "Swap meet, flea market, or special event," as used in
this section, means an activity involving a series of sales
sufficient in number, scope, and character to constitute a
regular course of business, or any event at which two or more
persons offer tangible personal property for sale or exchange
and at which a fee is charged for the privilege of displaying
the property for sale or exchange or at which a fee is charged
to prospective buyers for admission to the area where the
property is offered or displayed for sale or exchange.
   (d) Any operator of a swap meet, flea market, or special
event who fails or refuses to comply with this section is
subject to a penalty not exceeding one thousand dollars ($1,000)
for each offense.
  SEC. 198. Section 6355 of the Revenue and Taxation Code is
amended to read:
   6355.  (a) There are exempted from the taxes imposed by this
part the gross receipts from the sale in bulk of monetized
bullion, nonmonetized gold or silver bullion, and numismatic
coins that are substantially equivalent to transactions in
securities or commodities through a national securities or
commodities exchange and the storage, use, or other consumption
in this state of monetized bullion, nonmonetized gold or silver
bullion, and numismatic coins so sold.
   (b) (1) A sale in bulk, for purposes of this section, shall
be deemed to have occurred if the amount of monetized bullion,
nonmonetized gold or silver bullion, and numismatic coins sold
in the transaction totals, in market value, the sum of one
thousand dollars ($1,000) or more, or its equivalent.
   (2) The board shall adjust the one thousand dollar ($1,000)
amount specified in paragraph (1) as follows:
   (A) On or before September 1, 1994, and on or before each
September 1 of each year thereafter, the board shall multiply
the amount applicable for the current calendar year by the
inflation factor adjustment determined by the Franchise Tax
Board pursuant to subdivision (h) of Section 17041, the
resulting amount to be the applicable amount for the succeeding
calendar year.  The applicable amount shall be operative as an
adjustment of the amount specified in paragraph (1) only when
the applicable amount computed is equal to or exceeds a new
operative threshold, as defined in subparagraph (C).
   (B) When the applicable amount equals or exceeds an operative
threshold specified in subparagraph (C), the resulting
applicable amount, rounded to the nearest multiple of five
hundred dollars ($500), shall be operative for purposes of
paragraph (1) beginning January 1 of the succeeding calendar
year.
   (C) For purposes of this paragraph, "operative threshold"
means an amount that exceeds by at least five hundred dollars
($500), the greater of either the amount specified in paragraph
(1) or the amount computed pursuant to subparagraphs (A) and (B)
as the operative adjustment to the amount specified in
paragraph (1).
   (c) "Monetized bullion," for purposes of this section, means
coins or other forms of money manufactured of gold, silver, or
other metal and heretofore, now, or hereafter used as a medium
of exchange under the laws of this state, the United States, or
any foreign nation.  "Monetized bullion," for purposes of this
section, also means gold medallions struck under authority of
the American Arts Gold Medallion Act (Title IV of Public Law
95-630).
   (d) A sale of monetized bullion, nonmonetized gold or silver
bullion, or numismatic coins, for purposes of this section,
shall be deemed to be substantially equivalent to a transaction
in securities or commodities through a national securities or
commodities exchange, if the sale is by or through a person
registered pursuant to the Commodity Exchange Act (7 U.S.C. Sec.
1 et seq.) or not required to be registered under the Commodity
Exchange Act.
  SEC. 199. Section 6358.2 of the Revenue and Taxation Code is
amended to read:
   6358.2.  There are exempted from the taxes imposed by this
part the gross receipts from the sale of and the storage, use,
or other consumption in this state of wood shavings, sawdust,
rice hulls, or other products that are used as litter in poultry
and egg production and that are ultimately resold as, or
incorporated into, fertilizer products.
  SEC. 200. Section 13210 of the Revenue and Taxation Code is
amended to read:
   13210.  (a) For gross premiums paid or to be paid on
insurance contracts that take effect or are renewed on or after
January 1, 1994, every person who effects insurance governed by
Chapter 6 (commencing with Section 1760) of Part 2 of Division 1
of the Insurance Code shall pay a gross premium tax of 3
percent for the use of the state, less 3 percent of returned
premiums that were subject to the tax received by reason of
cancellation or reduction of premium.
   (1) This section shall not apply to either of the following:

   (A) Insurance coverage for which a tax on the gross premium
is due or has been paid pursuant to Section 1775.5 of the
Insurance Code.
   (B) Gross premiums paid and returned premiums received by
that person upon business governed by the provisions of Section
1760.5 of the Insurance Code.
   (2) If, during any calendar quarter 3 percent of the returned
premiums received that were subject to the tax imposed by this
part exceed 3 percent of the gross premiums paid or to be paid
by that person on contracts that took effect or were renewed in
that calendar quarter, then that person may either carry forward
the excess to a succeeding calendar quarter and apply it as a
credit against the 3 percent of gross premiums paid or to be
paid by that person in the succeeding calendar quarter, or the
person may elect to receive, and be paid a refund equal to the
amount of taxes paid by the person on the excess of returned
premiums received over gross premiums paid or to be paid.
   (b) For purposes of determining the tax, the total premium
paid or to be paid for all nonadmitted insurance placed in a
single transaction with one underwriter or group of
underwriters, whether in one or more policies, in that calendar
quarter during which the taxable insurance contract or contracts
took effect or were renewed, shall be allocated to this state
in the proportion that the total premium on the insured
properties or operations in this state, as computed on the
exposure in this state on the basis of any single standard
rating method in use in all states or countries where the
insurance applies, bears to the total premium so computed in all
states or countries in which that nonadmitted insurance may
apply.
   (c) Subdivision (b) shall not apply to interstate motor
transit operations conducted between this and other states.
With respect to those operations, the tax shall be payable on
the entire premium charged on all nonadmitted insurance, less
both of the following:
   (1) The portion of the premium that is determined to have
been paid for operations in other states taxing the premium on
operations in states of an insured maintaining its headquarters
office in this state.
   (2) The premium for any operations outside of this state of
an insured who maintains a headquarters operating office outside
of this state and a branch office in this state.
  SEC. 201. Section 13221 of the Revenue and Taxation Code is
amended to read:
   13221.  In the event that a person subject to tax is
delinquent in the payment of any amount due under this part, and
that person also has an amount imposed and due and payable
under Part 10 (commencing with Section 17001), Part 10.2
(commencing with Section 18401), or Part 11 (commencing with
Section 23001), any amounts collected by the Franchise Tax Board
shall be applied first to the payment of those taxes, additions
to tax, penalties, interest, fees, or other amounts imposed and
due and payable under Part 10 (commencing with Section 17001),
Part 10.2 (commencing with Section 18401), or Part 11
(commencing with Section 23001).
  SEC. 202. Section 17053.45 of the Revenue and Taxation Code is
amended to read:
   17053.45.  (a) For each taxable year beginning on or after
January 1, 1995, and before January 1, 2003, there shall be
allowed as a credit against the "net tax" (as defined by Section
17039) an amount equal to the sales or use tax paid or incurred
by the taxpayer in connection with the purchase of qualified
property to the extent that the qualified property does not
exceed a value of one million dollars ($1,000,000).
   (b) For purposes of this section:
   (1) "LAMBRA" means a local agency military base recovery area
designated in accordance with Section 7114 of the Government
Code.
   (2) "Taxpayer" means a taxpayer or partnership that conducts
a trade or business within a LAMBRA and, for the first two
taxable years, has a net increase in jobs (defined as 2,000 paid
hours per employee per year) of one or more employees in the
LAMBRA.
   (A) The net increase in the number of jobs shall be
determined by subtracting the total number of full-time
employees (defined as 2,000 paid hours per employee per year)
the taxpayer employed in this state in the taxable year prior to
commencing business operations in the LAMBRA from the total
number of full-time employees the taxpayer employed in this
state during the second taxable year after commencing business
operations in the LAMBRA.  For taxpayers who commence doing
business in this state with their LAMBRA business operation, the
number of employees for the taxable year prior to commencing
business operations in the LAMBRA shall be zero.  If the
taxpayer has a net increase in jobs in the state, the credit
shall be allowed only if one or more full-time employees is
employed within the LAMBRA.
   (B) The total number of employees employed in the LAMBRA
shall equal the sum of both of the following:
   (i) The total number of hours worked in the LAMBRA for the
taxpayer by employees (not to exceed 2,000 hours per employee)
who are paid an hourly wage divided by 2,000.
   (ii) The total number of months worked in the LAMBRA for the
taxpayer by employees who are salaried employees divided by 12.

   (C) In the case of a taxpayer who first commences doing
business in the LAMBRA during the taxable year, for purposes of
clauses (i) and (ii), respectively, of subparagraph (B) the
divisors "2,000" and "12" shall be multiplied by a fraction, the
numerator of which is the number of months of the taxable year
that the taxpayer was doing business in the LAMBRA and the
denominator of which is 12.
   (3) "Qualified property" means the purchase of any of the
following for exclusive use in a LAMBRA:
   (A) High technology equipment, including, but not limited to,
computers and electronic processing equipment.
   (B) Aircraft maintenance equipment, including, but not
limited to, engine stands, hydraulic mules, power carts, test
equipment, handtools, aircraft start carts, and tugs.
   (C) Aircraft components, including, but not limited to,
engines, fuel control units, hydraulic pumps, avionics, starts,
wheels, and tires.
   (D) Any property that is Section 1245 property, as defined in
Section 1245(a)(3) of the Internal Revenue Code.
   (c)  The credit provided under subdivision (a) shall be
allowed only for qualified property manufactured in California
unless qualified property of a comparable quality and price is
not available for timely purchase and delivery from a California
manufacturer.
   (d) In the case where the credit allowed under subdivision
(a) exceeds the limitation set forth in subdivision (f), that
portion of the credit which exceeds the limitation may be
carried over and added to the credit computed under subdivision
(a) in succeeding years, until the credit is exhausted.
   (e) Any taxpayer who elects to be subject to this section
shall not be entitled to increase the basis of the property as
otherwise required by Section 164(a) of the Internal Revenue
Code with respect to sales or use tax paid or incurred in
connection with the purchase of qualified property.
   (f) The amount of the credit provided by this section,
including credit carryover from prior years, in any taxable year
shall not exceed the amount of tax that would be imposed on the
income attributed to business activities of the taxpayer within
a LAMBRA as if that attributable income represented all the
income of the taxpayer subject to tax under this part.  In the
event that a credit carryover is allowable under subdivision (d)
for any taxable year after the LAMBRA designation has expired,
the LAMBRA shall be deemed to remain in existence for purposes
of computing this limitation.  The amount of that income shall
be determined in accordance with Article 2 (commencing with
Section 25120) of Chapter 17 of Part 11, modified for purposes
of this section as follows:
   (1) Income shall be apportioned to a LAMBRA by multiplying
total income from the business by a fraction, the numerator of
which is the property factor, plus the payroll factor, and the
denominator of which is 2.
   (2) "The LAMBRA" shall be substituted for "this state."
   (g) (1) If the qualified property is disposed of or no longer
used by the taxpayer in the local agency military base recovery
area, at any time before the close of the second taxable year
after the property is placed in service, the amount of the
credit previously claimed, with respect to that property, shall
be added to the taxpayer's tax liability in the taxable year of
that disposition or nonuse.
   (2) At the close of the second taxable year, if the taxpayer
has not increased the number of its employees as determined by
paragraph (2) of subdivision (b), then the amount of the credit
previously claimed shall be added to the taxpayer's net tax for
the taxpayer's second taxable year.
   (h) In the case where "qualified property" qualifies for a
credit under more than one section in this part, the taxpayer
shall make an election as to which section applies to that
qualified property.
   (i) This section shall remain in effect only until December
1, 2003, and as of that date is repealed.  However, any unused
credit may continue to be carried forward as provided in
subdivision (d), until the credit is exhausted.
  SEC. 203. Section 17053.46 of the Revenue and Taxation Code is
amended to read:
   17053.46.  (a) For each taxable year beginning on or after
January 1, 1995, and before January 1, 2003, there shall be
allowed as a credit against the "net tax" (as defined in Section
17039) to a qualified taxpayer for hiring a qualified
disadvantaged individual or a qualified displaced employee
during the taxable year for employment in the LAMBRA.  The
credit shall be equal to the sum of each of the following:
   (1) Fifty percent of the qualified wages in the first year of
employment.
   (2) Forty percent of the qualified wages in the second year
of employment.
   (3) Thirty percent of the qualified wages in the third year
of employment.
   (4) Twenty percent of the qualified wages in the fourth year
of employment.
   (5) Ten percent of the qualified wages in the fifth year of
employment.
   (b) For purposes of this section:
   (1) "Qualified wages" means the wages paid or incurred by the
employer during the taxable year to qualified disadvantaged
individuals or qualified displaced employees.  "Qualified wages"
means that portion of hourly wages which does not exceed 150
percent of the minimum wage.  Qualified wages paid or incurred
by the qualified taxpayer during qualified years one through
five used to calculate this credit shall not exceed two million
dollars ($2,000,000).
   (2) "Qualified years one through five wages" means, with
respect to any individual, qualified wages received during the
60-month period beginning with the day the individual commences
employment within a LAMBRA.
   (3) "Minimum wage" means the wage established by the
Industrial Welfare Commission as provided for in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the
Labor Code.
   (4) "LAMBRA" means a local agency military base recovery area
designated in accordance with Section 7114 of the Government
Code.
   (5) "Qualified disadvantaged individual" means an individual
who satisfies all of the following requirements:
   (A) (i) At least 90 percent of whose services for the
taxpayer during the taxable year are directly related to the
conduct of the taxpayer's trade or business located in a LAMBRA.

   (ii) Who performs at least 50 percent of his or her services
for the taxpayer during the taxable year in the LAMBRA.
   (B) Who is hired by the employer after the designation of the
area as a LAMBRA in which the individual's services were
primarily performed.
   (C) Any of the following:
   (i) An individual who has been determined eligible for
services under the federal Job Training Partnership Act (29
U.S.C. Sec. 1501 et seq.).
   (ii) Any voluntary or mandatory registrant under the Greater
Avenues for Independence Act of 1985 as provided pursuant to
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part
3 of Division 9 of the Welfare and Institutions Code.
   (iii) Any individual who has been certified eligible by the
Employment Development Department under the federal Targeted
Jobs Tax Credit Program whether or not this program is in
effect.
   (6) "Qualified taxpayer" means a taxpayer or partnership that
conducts a trade or business within a LAMBRA and, for the first
two taxable years, has a net increase in jobs (defined as 2,000
paid hours per employee per year) of one or more employees in
the LAMBRA.
   (A) The net increase in the number of jobs shall be
determined by subtracting the total number of full-time
employees (defined as 2,000 paid hours per employee per year)
the taxpayer employed in this state in the taxable year prior to
commencing business operations in the LAMBRA from the total
number of full-time employees the taxpayer employed in this
state during the second taxable year after commencing business
operations in the LAMBRA.  For taxpayers who commence doing
business in this state with their LAMBRA business operation, the
number of employees for the taxable year prior to commencing
business operations in the LAMBRA shall be zero.  If the
taxpayer has a net increase in jobs in the state, the credit
shall be allowed only if one or more full-time employees is
employed within the LAMBRA.
   (B) The total number of employees employed in the LAMBRA
shall equal the sum of both of the following:
   (i) The total number of hours worked in the LAMBRA for the
taxpayer by employees (not to exceed 2,000 hours per employee)
who are paid an hourly wage divided by 2,000.
   (ii) The total number of months worked in the LAMBRA for the
taxpayer by employees who are salaried employees divided by 12.

   (C) In the case of a taxpayer who first commences doing
business in the LAMBRA during the taxable year, for purposes of
clauses (i) and (ii), respectively, of subparagraph (B) the
divisors "2,000" and "12" shall be multiplied by a fraction, the
numerator of which is the number of months of the taxable year
that the taxpayer was doing business in the LAMBRA and the
denominator of which is 12.
   (7) "Qualified displaced employee" means an individual who
satisfies all of the following requirements:
   (A) Any civilian or military employee of a base or former
base who has been displaced as a result of a federal base
closure act.
   (B) (i) At least 90 percent of whose services for the
taxpayer during the taxable year are directly related to the
conduct of the taxpayer's trade or business located in a LAMBRA.

   (ii) Who performs at least 50 percent of his or her services
for the taxpayer during the taxable year in a LAMBRA.
   (C) Who is hired by the employer after the designation of the
area in which services were performed as a LAMBRA.
   (c) (1) For purposes of this section, both of the following
apply:
   (A) All employees of trades or businesses that are under
common control shall be treated as employed by a single
employer.
   (B) The credit (if any) allowable by this section with
respect to each trade or business shall be determined by
reference to its proportionate share of the qualified wages
giving rise to the credit.
   The regulations prescribed under this paragraph shall be
based on principles similar to the principles that apply in the
case of controlled groups of corporations as specified in
subdivision (e) of Section 23622.
   (2) If an employer acquires the major portion of a trade or
business of another employer (hereinafter in this paragraph
referred to as the "predecessor") or the major portion of a
separate unit of a trade or business of a predecessor, then, for
purposes of applying this section (other than subdivision (f))
for any calendar year ending after that acquisition, the
employment relationship between an employee and an employer
shall not be treated as terminated if the employee continues to
be employed in that trade or business.
   (d) (1) If the employment of any employee, with respect to
whom qualified wages are taken into account under subdivision
(a) is terminated by the taxpayer at any time during the first
270 days of that employment (whether or not consecutive) or
before the close of the 270th calendar day after the day in
which that employee completes 90 days of employment with the
taxpayer, the tax imposed by this part for the taxable year in
which that employment is terminated shall be increased by an
amount (determined under those regulations) equal to the credit
allowed under subdivision (a) for that taxable year and all
prior taxable years attributable to qualified wages paid or
incurred with respect to that employee.
   (2) (A) Paragraph (1) shall not apply to any of the
following:
   (i) A termination of employment of an employee who
voluntarily leaves the employment of the taxpayer.
   (ii) A termination of employment of an individual who, before
the close of the period referred to in paragraph (1), becomes
disabled to perform the services of that employment, unless that
disability is removed before the close of that period and the
taxpayer fails to offer reemployment to that individual.
   (iii) A termination of employment of an individual, if it is
determined under the applicable employment compensation laws
that the termination was due to the misconduct of that
individual.
   (iv) A termination of employment of an individual due to a
substantial reduction in the trade or business operations of the
taxpayer.
   (v) A termination of employment of an individual, if that
individual is replaced by other qualified employees so as to
create a net increase in both the number of employees and the
hours of employment.
   (B) For purposes of paragraph (1), the employment
relationship between the taxpayer and an employee shall not be
treated as terminated by reason of a mere change in the form of
conducting the trade or business of the taxpayer, if the
employee continues to be employed in that trade or business and
the taxpayer retains a substantial interest in that trade or
business.
   (3) Any increase in tax under paragraph (1) shall not be
treated as tax imposed by this part for purposes of determining
the amount of any credit allowable under this part.
   (4) At the close of the second taxable year, if the taxpayer
has not increased the number of its employees as determined by
paragraph (6) of subdivision (b), then the amount of the credit
previously claimed shall be added to the taxpayer's net tax for
the taxpayer's second taxable year.
   (e) In the case of an estate or trust, both of the following
apply:
   (1) The qualified wages for any taxable year shall be
apportioned between the estate or trust and the beneficiaries on
the basis of the income of the estate or trust allocable to
each.
                                            (2) Any beneficiary
to whom any qualified wages have been apportioned under
paragraph (1) shall be treated (for purposes of this part) as
the employer with respect to those wages.
   (f) The credit shall be reduced by the credit allowed under
Section 17053.7.  The credit shall also be reduced by the
federal credit allowed under Section 51 of the Internal Revenue
Code.
   In addition, any deduction otherwise allowed under this part
for the wages or salaries paid or incurred by the taxpayer upon
which the credit is based shall be reduced by the amount of the
credit.
   (g) In the case where the credit allowed under subdivision
(a) exceeds the limitation set forth in subdivision (h), that
portion of the credit that exceeds the limitation may be carried
over and added to the credit computed under subdivision (a) in
succeeding years, until the credit is exhausted.
   (h) The amount of the credit including prior year carryovers
allowed by this section in any taxable year shall not exceed the
amount of tax that would be imposed on the income attributed to
business activities of the taxpayer within a LAMBRA as if that
attributed net income represented all of the net income of the
taxpayer subject to tax under this part.  In the event that a
credit carryover is allowable under subdivision (g) for any
taxable year after the LAMBRA designation has expired, the
LAMBRA shall be deemed to remain in existence for purposes of
computing this limitation.  The amount of that attributed income
shall be determined in accordance with the provisions of
Article 2 (commencing with Section 25120) of Chapter 17 of Part
11, modified for purposes of this section as follows:
   (1) Income shall be apportioned to a LAMBRA by multiplying
total income from the business by a fraction, the numerator of
which is the property factor plus the payroll factor, and the
denominator of which is two.
   (2) "The LAMBRA" shall be substituted for "this state."
   (i) (1) In the case where "qualified wages" qualify for a
credit under more than one section in this part, the taxpayer
shall make an election as to which section applies to those
qualified wages.
   (2) Any election made under this section, and any
specification contained in that election, may not be revoked
except with the consent of the Franchise Tax Board.
   (j) This section shall remain in effect only until December
1, 2003, and as of that date is repealed.  However, any unused
credit may continue to be carried forward as provided in
subdivision (g), until the credit is exhausted.
  SEC. 204. Section 17145 of the Revenue and Taxation Code is
amended to read:
   17145.  (a) A management company, or series thereof, is
qualified to pay exempt-interest dividends to its shareholders
if, at the close of each quarter of its taxable year, at least
50 percent of the value of its total assets consists of
obligations which, when held by an individual, the interest
therefrom is exempt from taxation by this state.
   (b) For purposes of this section:
   (1) "Exempt-interest dividend" means any dividend or part
thereof paid by a management company or series thereof in an
amount not exceeding the interest received by it during its
taxable year on obligations that, when held by an individual,
the interest therefrom is exempt from taxation by this state,
and designated by it as an exempt-interest dividend in a written
notice mailed to its shareholders not later than 60 days after
the close of its taxable year.  If the aggregate amount so
designated with respect to a taxable year of the company
(including exempt-interest dividends paid after the close of the
taxable year as described in Section 855 of the Internal
Revenue Code) is greater than the excess of:
   (A) The amount of interest received by it during its taxable
year on obligations, interest on which, if held by an
individual, is exempt from taxation by this state, over
   (B) The amounts that, if it were treated as an individual,
would be disallowed as deductions under Section 17280 of this
part or Section 171(a)(2) of the Internal Revenue Code, the
portion of that distribution that shall constitute an
exempt-interest dividend shall be only that proportion of the
amount so designated as the amount of that excess for that
taxable year bears to the amount so designated.
   (2) "Management company" means a regulated investment company
as defined by Section 851 of the Internal Revenue Code.
   (3) "Series" means a segregated portfolio of assets, the
beneficial interest in which is owned by the holders of a class
or series of stock of the management company that is preferred
over all other classes or series with respect to that portfolio
of assets.
   (4) "Value" means, with respect to securities (other than
those of majority-owned subsidiaries) for which market
quotations are readily available, the market value of those
securities; and with respect to other securities and assets,
fair market value as determined in good faith by the board of
directors or trustees, except that in the case of securities of
majority-owned subsidiaries that are investment companies, as
defined in the Investment Company Act of 1940, that fair value
shall not exceed market value or asset value, whichever is
higher.
   (c) An exempt-interest dividend shall be treated by
recipients thereof as an item of interest excludable from
income.
  SEC. 205. Section 18431.2 of the Revenue and Taxation Code is
amended to read:
   18431.2.  (a) Any return, declaration, statement, or other
document required to be made under this part that is filed using
electronic technology shall be in a form as the Franchise Tax
Board may prescribe and is not complete, and therefore not
filed, unless an electronic filing declaration is signed by the
taxpayer, in accordance with Section 18431 in the case of
individuals, subdivision (a) of Section 18405 in the case of
estates and trusts, or subdivision (a) of Section 17932 in the
case of a partnership.  The Franchise Tax Board may prescribe
forms and instructions for requiring the electronic filing
declaration to be retained by the preparer or the taxpayer and
may require the declaration to be furnished to the Franchise Tax
Board upon request.
   (b) Notwithstanding any other provision of law, any return,
declaration, statement, or other document otherwise required to
be signed that is filed in a traditional medium and captured
using electronic imaging technology shall be deemed to be a
signed, valid original document upon reproduction to paper form
by the Franchise Tax Board.
   (c) Notwithstanding any other provision of law, any return,
declaration, statement, or other document otherwise required to
be signed that is filed by the taxpayer using electronic
technology in a form as required by the Franchise Tax Board
shall be deemed to be a signed, valid original document,
including upon reproduction to paper form by the Franchise Tax
Board.
   (d) "Electronic imaging technology" means a system of
microphotography, optical disk, or reproduction by other
technique that does not permit additions, deletions, or changes
to the original document.  The system may include, but is not
limited to, any magnetic media or other machine readable form.
   (e) "Traditional medium" means any return, declaration,
statement, or other document required to be made pursuant to
this article other than those made using electronic technology
or electronic imaging technology.
   (f) "Electronic technology" includes, but is not limited to,
any computer modem, magnetic media, optical disk, facsimile
machine, or telephone.
  SEC. 206. Section 18512 of the Revenue and Taxation Code, as
amended by Chapter 838 of the Statutes of 1993, is repealed.
  SEC. 207. Section 18723 of the Revenue and Taxation Code is
amended to read:
   18723.  (a) All moneys transferred to the California Fund for
Senior Citizens pursuant to Section 18722, upon appropriation
by the Legislature, shall be allocated as follows:
   (1) To the Franchise Tax Board and the Controller for
reimbursement of all costs incurred by the Franchise Tax Board
and the Controller in connection with their duties under this
article.
   (2) To the California Commission on Aging for allocation as
follows:
   (A) To the California Senior Legislature, in the 1988-89
fiscal year, and each succeeding fiscal year thereafter, the sum
of seventy-five thousand dollars ($75,000), or the balance of
the fund if less than that amount remains in the fund, for the
conduct of sessions of the California Senior Legislature.
   (B) The balance, if any, but not to exceed two hundred fifty
thousand dollars ($250,000), to the California Senior
Legislature for its ongoing activities on behalf of older
persons.
   Thirty-three thousand dollars ($33,000) of the balance
allocated under this subparagraph, or the entire balance
allocated under this subparagraph if the balance is less than
thirty-three thousand dollars ($33,000), shall be specifically
allocated annually for the conduct of elections of members of
the California Senior Legislature.  That amount may be carried
over from fiscal years in which there are no elections and
accumulated, in an amount not to exceed sixty-six thousand
dollars ($66,000), for use in election years, and any portion of
that amount not used in an election year shall be reallocated
pursuant to subparagraph (C).
   (C) The balance, if any, to the commission for senior citizen
direct service programs through contracts with the Department
of Aging and Long-Term Care.
   (b) All moneys allocated pursuant to paragraph (2) of
subdivision (a) may be carried over from the year in which they
were received and encumbered in any following year.
   (c) The amount allocated pursuant to subparagraphs (A) and
(B) of paragraph (2) of subdivision (a) may be adjusted
annually, as determined by the Department of Finance, to reflect
changes in salary adjustments, price increases, and travel
reimbursement adjustments included for all state agencies in the
annual Budget Act.
   (d) The funds allocated to the commission for the purposes of
funding the activities of the California Senior Legislature
shall be spent pursuant to an agreement that is approved by both
the commission and the Joint Rules Committee of the California
Senior Legislature no later than March 1, 1994, and whose terms
are consistent with the bylaws of the California Senior
Legislature, established through a majority vote of the
California Senior Legislature.
  SEC. 208. Section 19531 of the Revenue and Taxation Code, as
added by Chapter 31 of the Statutes of 1993, is amended and
renumbered to read:
   19532.  (a) The Franchise Tax Board may charge fees for its
"Tax News" publication and its "California Package X." The fees
shall include preparation and production costs and other related
costs, including, but not limited to, the handling of requests,
printing, and postage.
   (b) This section shall not apply to documents distributed to
public distribution sites.
   (c) Fees received under this section shall be handled in
accordance with Section 19605.
  SEC. 209. Section 24356.3 of the Revenue and Taxation Code is
amended to read:
   24356.3.  (a) A taxpayer may elect to treat 40 percent of the
cost of any Section 24356.3 property as an expense that is not
chargeable to capital account.  Any cost so treated shall be
allowed as a deduction for the income year in which the Section
24356.3 property is placed in service.
   (b) (1) An election under this section for any income year
shall meet both of the following requirements:
   (A) Specify the items of Section 24356.3 property to which
the election applies and the percentage of the cost of each of
those items that is to be taken into account under subdivision
(a).
   (B) Be made on the taxpayer's return of the tax imposed by
this part for the income year.
   This election shall be made in the manner that the Franchise
Tax Board may by regulations prescribe.
   (2) Any election made under this section, and any
specification contained in that election, may not be revoked
except with the consent of the Franchise Tax Board.
   (c) (1) For purposes of this section, "Section 24356.3
property" means property acquired by the taxpayer that is used
exclusively in a program area (as defined in Section 7082 of the
Government Code) and consists of machinery and machinery parts
used for fabricating, processing, assembling, and manufacturing
and machinery and machinery parts used for the production of
renewable energy resources or air or water pollution control
mechanisms.
   "Section 24356.3 property" also means property used as an
integral part of a qualified business within a program area (as
defined in Section 7082 of the Government Code).
   (2) For purposes of paragraph (1), "purchase" means any
acquisition of property, but only if all of the following apply:

   (A) The property is not acquired from a person whose
relationship to the person acquiring it would result in the
disallowance of losses under Sections  24427 to 24429, inclusive
(but, in applying Sections 24428 and 24429 for purposes of this
section, subdivision (d) of Section 24429 shall be treated as
providing that the family of an individual shall include only
his or her spouse, ancestors, and lineal descendants).
   (B) The property is not acquired by one member of an
affiliated group from another member of the same affiliated
group.
   (C) The basis of the property in the hands of the person
acquiring it is not determined in whole or in part by reference
to the adjusted basis of that property in the hands of the
person from whom it is acquired.
   (3) For purposes of this section, the cost of property does
not include so much of the basis of that property as is
determined by reference to the basis of other property held at
any time by the person acquiring that property.
   (4) This section shall not apply to any property for which
the taxpayer could not make a federal election under Section 179
of the Internal Revenue Code because of the application of the
provisions of Section 179(d) of the Internal Revenue Code.
   (5) For purposes of subdivision (b) of this section, both of
the following shall apply:
   (A) All members of an affiliated group shall be treated as
one taxpayer.
   (B) The taxpayer shall apportion the dollar limitation
contained in subdivision (f) among the members of the affiliated
group in whatever manner the board shall prescribe.
   (6) For purposes of paragraphs (2) and (5), "affiliated group"
has the meaning assigned to it by Section 1504 of the Internal
Revenue Code, except that, for these purposes, the phrase "more
than 50 percent" shall be substituted for the phrase "at least
80 percent" each place it appears in Section 1504(a) of the
Internal Revenue Code.
   (d) For purposes of this section, "taxpayer" means a taxpayer
who conducts a qualified business within a program area (as
defined in Section 7082 of the Government Code).
   (e) Any taxpayer who elects to be subject to this section
shall not be entitled to claim additional depreciation pursuant
to Section 24356 with respect to any property which constitutes
Section 24356.3 property; however, the taxpayer may claim
depreciation by any method permitted by Section 24349 commencing
with the income year following the income year in which Section
24356.3 property is placed in service.
   (f) The aggregate cost that may be taken into account under
subdivision (a) for any income year shall not exceed the
following applicable amount for the income year of the
designation of a program area and income years thereafter:
                                     The applicable
                                        amount is:
Income year of designation ...........  $100,000
1st income year thereafter ...........   100,000
2nd income year thereafter ...........    75,000
3rd income year thereafter ...........    75,000
Each income year thereafter ..........    50,000

   (g) Any amounts deducted under subdivision (a) with respect
to property which ceases to be qualified property at any time
before the close of the second income year after the property is
placed in service shall be included in income for that second
year.
  SEC. 210. Section 30101 of the Revenue and Taxation Code is
amended to read:
   30101.  Every distributor shall pay a tax upon his or her
distributions of cigarettes at the rate of one and one-half
mills ($0.0015) for the distribution after 4:00 a.m. on July 1,
1959, of each cigarette until 12:01 a.m. on August 1, 1967, at
the rate of three and one-half mills ($0.0035) for the
distribution of each cigarette on and after August 1, 1967,
until 12:01 a.m. on October 1, 1967, at the rate of five mills
($0.005) on and after 12:01 a.m. on October 1, 1967, until 12:01
a.m.  on January 1, 1994, and at the rate of six mills ($0.006)
on and after 12:01 a.m. on January 1, 1994.
  SEC. 211. Section 30461.6 of the Revenue and Taxation Code, as
added by Chapter 660 of the Statutes of 1993, is repealed.
  SEC. 212. Section 41136 of the Revenue and Taxation Code is
amended to read:
   41136.  Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely
for the following purposes:
   (a) To pay refunds authorized by this part.
   (b) To pay the State Board of Equalization for the cost of
the administration of this part.
   (c) To pay the Department of General Services for its costs
in administration of the "911" emergency telephone number
system.
   (d) To pay bills submitted to the Department of General
Services by service suppliers or communications equipment
companies for the installation and ongoing expenses for the
following communications services supplied local agencies in
connection with the "911" emergency phone number system:
   (1) A basic system.
   (2) A basic system with telephone central office
identification.
   (3) A system employing automatic call routing.
   (4) Approved incremental costs.
   (e) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental
agency.
   (f) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for
the installation and ongoing expenses for the following
communication services supplied in connection with the "911"
emergency phone number system:
   (1) A basic system.
   (2) A basic system with telephone central office
identification.
   (3) A system employing automatic call routing.
   (4) Approved incremental costs.  Incremental costs shall not
be allowed unless the costs are concurred in by the
Communications Division.
  SEC. 213. Section 41137 of the Revenue and Taxation Code is
amended to read:
   41137.  The Department of General Services shall pay, from
funds appropriated from the State Emergency Telephone Number
Account by the Legislature, as provided in Section 41138, bills
submitted by service suppliers or communications equipment
companies for the installation and ongoing costs of the
following communication services provided local agencies by
service suppliers in connection with the "911" emergency
telephone number system:
   (a) A basic system.
   (b) A basic system with telephone central office
identification.
   (c) A system employing automatic call routing.
   (d) Approved incremental costs that have been concurred in by
the Communications Division.
  SEC. 214. Section 43152.11 of the Revenue and Taxation Code,
as added by Chapter 411 of the Statutes of 1993, is repealed.
  SEC. 215. Section 223 of the Streets and Highways Code is
amended to read:
   223.  (a) The department may contract with other governmental
agencies or private organizations or individuals for the
construction and operation of traveler service information
facilities and for the maintenance of all or any of these safety
roadside rests where it deems it necessary or desirable.
   (b) Notwithstanding subdivision (a), Section 19130 of the
Government Code, or any other provision of law, the department
may contract with public and private nonprofit organizations
pursuant to Section 19404 of the Welfare and Institutions Code,
for the operation of traveler service information facilities and
for the maintenance of all or any of these safety roadside
rests where it deems it necessary or desirable.  Contracts
entered into pursuant to this subdivision shall not cause
displacement of civil service employees.  For purposes of this
section, "displacement" includes layoff, demotion, involuntary
transfer to a new class, involuntary transfer to a new location
requiring a change of residence, and time base reductions.
"Displacement" does not include changes in shifts or days off,
or reassignment to other positions within the same class and
general location.
  SEC. 216. Section 1095 of the Unemployment Insurance Code is
amended to read:
   1095.  The director shall permit the use of any information
in his or her possession to the extent necessary for any of the
following purposes:
   (a) To properly present a claim for benefits.
   (b) To acquaint a worker or his or her authorized agent with
his or her existing or prospective right to benefits.
   (c) To furnish an employer or his or her authorized agent
with information to enable him or her to fully discharge his or
her obligations or safeguard his or her rights under this
division or Division 3 (commencing with Section 9000).  This
subdivision, as it relates to Division 3 (commencing with
Section 9000), applies only to subdivision (j) of this section.

   (d) To enable an employer to receive a reduction in
contribution rate.
   (e) To enable the Director of Social Services or his or her
representatives or the Director of Health Services or his or her
representatives, subject to federal law, to verify or determine
the eligibility or entitlement of an applicant for, or a
recipient of, public social services provided pursuant to the
Welfare and Institutions Code, and directly connected with, and
limited to, the administration of public social services.
   (f) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement
to locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
   (g) To enable county district attorneys, or their
representatives, to seek criminal, civil, or administrative
remedies in connection with the unlawful application for, or
receipt of, relief provided under Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code.
   (h) To enable the director or his or her representative to
carry out his or her responsibilities under this code.
   (i) To enable county departments of collection or their
representatives to determine entitlement to medical assistance
services rendered pursuant to Part 5 (commencing with Section
17000) of Division 9 of the Welfare and Institutions Code, and,
when appropriate, to enable collection for the county's
expenditures for these medical assistance services.
   (j) To furnish an employer, or his or her authorized agent,
with information including, but not limited to, the applicant's
or recipient's name, social security number, address, employable
skills, and job placement in order to enable him or her to
fully discharge his or her obligations or safeguard his or her
rights under the elements of a joint union, management, and
Employment Development Department agreement as are deemed
necessary to assist displaced workers to obtain new employment
under the provisions of Chapter 2.9 (commencing with Section
9970) of Part 1 of Division 3 and related provisions of Division
3 (commencing with Section 9000).  The information shall be
limited to any information gathered under these divisions by the
department and authorized for release by the labor organization
which shall act as an agent for the affected workers under
terms of the agreement and shall participate in defining the
information release provisions.
   (k) To provide any law enforcement agency with the name,
address, telephone number, birth date, social security number,
physical description, and names and addresses of present and
past employers, of any victim, suspect, missing person,
potential witness, or person for whom a felony arrest warrant
has been issued, when a request for this information is made by
any investigator or peace officer as defined by Sections 830.1
and 830.2 of the Penal Code and designated by the head of the
law enforcement agency and who requests this information in the
course of and as a part of an investigation into the commission
of a crime where there is a reasonable suspicion that the crime
is a felony and that the information would lead to relevant
evidence.  The information provided pursuant to this subdivision
shall be provided to the extent permitted by federal law and
regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records.  Any person who receives any information
under this subdivision shall make a written report of the
information to the law enforcement agency that employs him or
her, for filing under the normal procedures of that agency.  Any
officer or employee of the department who discloses information
in violation of this subdivision is guilty of a misdemeanor.
Any person who obtains information in violation of this
subdivision is guilty of a misdemeanor.
   (1) This subdivision shall not be construed to authorize the
release of a general list identifying individuals applying for
or receiving benefits to any law enforcement agency.
   (2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or
statutes enacted for the administration of its programs.
   (3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that
pertaining only to applicants for, or recipients of, benefits.
   (4) The department shall notify all applicants for benefits
that release of confidential information from their records will
not be protected should there be a felony arrest warrant issued
against the applicant or in the event of an investigation by a
law enforcement agency into the commission of a felony.
   (l) Nothing in this section shall be construed to authorize
or permit the use of information obtained in the administration
of this code by any private collection agency.
                       (m) To provide the State Teachers'
Retirement System, pursuant to Section 22242 of the Education
Code, with information relating to the earnings of any person
who is receiving a disability allowance or disability retirement
allowance from the State Teachers' Retirement System.  The
earnings information shall be released to the Teachers'
Retirement Board only upon written request from the board
specifying that the person is receiving a disability allowance
or disability retirement allowance from the system.  The request
may be made by the chief executive officer of the system or by
an employee of the system so authorized and identified by name
and title by the chief executive officer in writing.
   (n) To provide the Public Employees' Retirement System,
pursuant to Section 20143 of the Government Code, with
information relating to the earnings of any person who is
receiving a disability retirement allowance from the Public
Employees' Retirement System.  The earnings information shall be
released to the Board of Administration of the system only upon
written request from the board specifying that the person is
receiving a disability retirement allowance from the system.
The request may be made by the executive officer of the system
or by an employee of the system so authorized and identified by
name and title by the executive officer in writing.
   (o) To provide the University of California Retirement System
with information in its possession relating to the earnings of
any person who has applied for or is receiving disability income
from the system.  The earnings information shall be disclosed
only upon written request from the system specifying that the
person has applied for or is receiving disability income from
the system.  The request may be made by the chief administrative
officer of the system or by an employee so authorized and
identified by name and title by the chief administrative officer
in writing.  The system shall notify applicants for and
recipients of disability income that earnings information from
the department's records will be released upon the system's
request.  The information obtained pursuant to this subdivision
shall be used or disclosed by the system only to determine or to
verify entitlement to, or continuing eligibility for,
disability income.  The system shall reimburse the department
for all reasonable administrative expenses incurred pursuant to
this subdivision.
   (p) To enable the Division of Labor Standards Enforcement in
the Department of Industrial Relations to seek criminal, civil,
or administrative remedies in connection with the failure to
pay, or the unlawful payment of, wages pursuant to Chapter 1
(commencing with Section 200) of Part 1 of Division 2 of, and
Chapter 1 (commencing with Section 1720) of Part 7 of Division 2
of, the Labor Code.  The Division of Labor Standards
Enforcement shall reimburse the department for all reasonable
administrative expenses incurred pursuant to this subdivision.
   (q) To enable the federal Department of Health and Human
Services, Office of Child Support Enforcement, Federal Parent
Locator Service, to administer its child support enforcement
programs under Title IV of the Social Security Act (42 U.S.C.
Sec. 651 et seq.).
   (r) To provide county probation departments with wage and
claim information in its possession that will assist those
departments in the location of victims of crime who, by state
mandate or court order, are entitled to restitution that has
been, or can be recovered, and to assist in the collection of
money owed to the county or the state by any person who has been
directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a
violation of law.  Information provided about victims of crime
shall be limited to data necessary to assist in locating them.
The county shall reimburse the department for all reasonable
administrative expenses incurred pursuant to this subdivision.
Any officer or employee of the department who discloses
information in violation of this subdivision is guilty of a
misdemeanor.  Any person who obtains information in violation of
this subdivision is guilty of a misdemeanor.
   (s) To provide the Student Aid Commission with information
concerning any individuals who are delinquent or in default on
guaranteed student loans or who owe repayment of funds received
through other financial assistance programs administered by the
commission.  The information obtained pursuant to this
subdivision shall be utilized by the commission exclusively to
enable the collection of defaulted loans and other funds owed,
pursuant to the authority granted in Chapter 2 (commencing with
Section 69500) of Part 42 of the Education Code and Chapter 1
(commencing with Section 30000) of Title 5 of the California
Code of Regulations.  The information released by the director
for the purposes of this subdivision shall not include any
employment, wage, or other information concerning any person who
is receiving unemployment insurance benefits.  The information
shall be released to the commission only upon written request
from the director of the commission or by an employee so
authorized and identified by name and title by the director.
The commission shall reimburse the department for all reasonable
administrative expenses incurred pursuant to this subdivision.

   (t) To provide an authorized governmental agency with any or
all relevant information that relates to any specific workers'
compensation insurance fraud investigation.  The information
shall be provided to the extent permitted by federal law and
regulations.  For the purposes of this subdivision, "authorized
governmental agency" means the district attorney of any county,
the office of the Attorney General, the Department of Industrial
Relations, and the Department of Insurance.  An authorized
governmental agency may disclose this information to the State
Bar, the Medical Board of California, or any other licensing
board or department whose licensee is the subject of a workers'
compensation insurance fraud investigation.  This subdivision
shall not prevent any authorized governmental agency from
reporting to any board or department the suspected misconduct of
any licensee of that body.  The Department of Insurance or
Department of Industrial Relations shall reimburse the
department for all reasonable administrative expenses incurred
relative to a request that it submits pursuant to this
subdivision.  Relevant information may include, but is not
limited to, all of the following:
   (1) Copies of unemployment and disability insurance
application and claim forms and copies of any supporting medical
records, documentation, and records pertaining thereto.
   (2) Copies of returns filed by an employer pursuant to
Section 1088 and copies of supporting documentation.
   (3) Copies of benefit payment checks issued to claimants.
   (4) Copies of any documentation that specifically identifies
the claimant by social security number, residence address, or
telephone number.
   (u) To provide employment tax information to the tax
officials of Mexico, if a reciprocal agreement exists.  For
purposes of this subdivision, "reciprocal agreement" means a
formal agreement to exchange information between national taxing
officials of Mexico and taxing authorities of the State Board
of Equalization, the Franchise Tax Board, and the Employment
Development Department.  Furthermore, the reciprocal agreement
shall be limited to the exchange of information which is
essential for tax administration purposes only.  Taxing
authorities of the State of California shall be granted tax
information only on California residents.  Taxing authorities of
Mexico shall be granted tax information only on Mexican
nationals.
  SEC. 217. Section 1875 of the Unemployment Insurance Code is
amended to read:
   1875.  (a) If an offer under Section 1870 to accept partial
payment in satisfaction of the liability has been accepted, and
it is subsequently determined that any person willfully did any
of the following, the acceptance shall be rescinded and all
compromised liabilities shall be reestablished without regard to
any statute of limitations that is applicable to this division:

   (1) Concealed from any officer or employee of the state any
property belonging to the estate of the employer or other person
liable with respect to the tax.
   (2) Received, withheld, destroyed, mutilated, or falsified
any book, document, or record.
   (3) Made any false statement relating to the estate or
financial conditions of the employer or other person liable with
respect to the tax.
   (4) Failed to pay any tax liability owed the department for
any subsequent, active business in which the employer or
individual who previously submitted the offer in compromise has
a controlling interest or association.
   (b) Upon any rescission pursuant to subdivision (a), the
department, at its discretion, may file a Notice of State Tax
Lien against the individuals or entity responsible for the
previously compromised liability.
   (c) For all rescissions under subdivision (a), the department
shall notify the employer or individual who previously
submitted the offer in compromise in writing of both of the
following:
   (1) The rescission of any offer and reasons therefor.
   (2) The amount of reestablished liability that is due and
payable.
  SEC. 218. Section 9601.7 of the Unemployment Insurance Code is
amended to read:
   9601.7.  (a) Each state or local government agency or
community action agency, or any private organization contracting
with a state or local government agency, that enters into an
agreement with the department to provide employment services
including, but not limited to, job training, retraining, or
placement, shall post in a prominent location in the workplace,
a notice stating that only citizens or those persons legally
authorized to work in the United States will be permitted to use
the agency's or organization's employment services that are
funded by the federal or state government.
   (b) The notice shall read:
      NOTICE:  Attention All Job Seekers

   The Immigration and Reform Control Act of 1986 (IRCA)
requires that all employers verify the identity and employment
authorization of all individuals hired after November 6, 1986.
An employer is required to examine documents provided by the job
seeker establishing identity and authorization for employment
in the United States.  In addition, it is a violation of both
state and federal law to discriminate against job seekers on the
basis of ancestry, race, or national origin.  This agency
provides employment services funded by the federal or state
government that are available only to individuals who are United
States citizens or who are legally authorized to work in the
United States.
  SEC. 219. Section 5002.6 of the Vehicle Code is amended to
read:
   5002.6.  (a) The Chancellor or a president of a campus of the
California State University, or the president or a chancellor
of a campus of the University of California, who is regularly
issued a state-owned vehicle may apply to the department for
regular series license plates for that vehicle, if a request for
that issuance is also made by the Trustees of the California
State University or the Regents of the University of California,
as applicable.  The request by the president or chancellor and
by the trustees or regents shall be in the manner specified by
the department.
   (b) Regular series license plates issued pursuant to
subdivision (a) shall be surrendered to the department by the
trustees or regents, as applicable, upon the reassignment of a
vehicle, for which those plates have been issued, to a person
other than the person who requested those plates.
  SEC. 220. Section 5024 of the Vehicle Code is amended to read:

   5024.  (a) Any person described in Section 5101 may also
apply for a set of commemorative collegiate reflectorized
license plates, and the department shall issue those special
license plates in lieu of the regular license plates.  The
collegiate reflectorized plates shall be of a distinctive
design, and shall be available in a special series of letters or
numbers, or both, as determined by the department.  The
collegiate reflectorized plates shall also contain the name of
the participating institution as well as the reflectorized
logotype, motto, symbol, or other distinctive design, as
approved by the department, representing the participating
university or college selected by the applicant.
   (b) Any public or private postsecondary educational
institution in the state, which is accredited or has been
accepted as a recognized candidate for accreditation by the
Western Association of Schools and Colleges, may indicate to the
department its decision to be included in the commemorative
collegiate license plate program and submit its distinctive
design for the logotype, motto, symbol, or other design.
However, no public or private postsecondary educational
institution may be included in the program until not less than
5,000 applications are received for license plates containing
that institution's logotype, motto, symbol, or other design.
Each participating institution shall collect and hold
applications for collegiate license plates until it has received
at least 5,000 applications.  Once the institution has received
at least 5,000 applications, it shall submit the applications,
along with the necessary fees, to the department.  Upon
receiving the first application, the institution shall have one
calendar year to receive the remaining required applications.
If, after that one calendar year, 5,000 applications have not
been received, the institution shall refund to all applicants
any fees or deposits which have been collected.
   (c) In addition to the regular fees for an original
registration, a renewal of registration, or a transfer of
registration, the following commemorative collegiate license
plate fees shall be paid:
   (1) Fifty dollars ($50) for the initial issuance of the
plates.  These plates shall be permanent and shall not be
required to be replaced.
   (2) Forty dollars ($40) for each renewal of registration
which includes the continued display of the plates.
   (3) Fifteen dollars ($15) for transfer of the plates to
another vehicle.
   (4) Thirty-five dollars ($35) for replacement plates, if the
plates become damaged or unserviceable.
   (d) When payment of renewal fees is not required as specified
in Section 4000, or when the person determines to retain the
commemorative collegiate license plates upon sale, trade, or
other release of the vehicle upon which the plates have been
displayed, the person shall notify the department and the person
may retain the plates.
   (e) Of the revenue derived from the additional special fees
provided in this section, less costs incurred by the department
pursuant to this section, one-half shall be deposited in the
California Collegiate License Plate Fund, which is hereby
created, and one-half shall be deposited in the Resources
License Plate Fund, which is hereby created.
   (f) The money in the California Collegiate License Plate Fund
is, notwithstanding Section 13340 of the Government Code,
continuously appropriated to the Controller for allocation as
follows:
   (1) To the governing body of participating public
institutions in the proportion that funds are collected on
behalf of each, to be used for need-based scholarships,
distributed according to federal student aid guidelines.
   (2) With respect to funds collected on behalf of accredited
nonprofit, private, and independent colleges and universities in
the state, to the California Student Aid Commission for grants
to students at those institutions, in the proportion that funds
are collected on behalf of each institution, who demonstrate
eligibility and need in accordance with the Cal Grant Program
pursuant to Article 3 (commencing with Section 69530) of Chapter
2 of Part 42 of the Education Code, but who did not receive an
award based on a listing prepared by the California Student Aid
Commission.
   (g) The scholarships and grants shall be awarded without
regard to race, religion, creed, sex, or age.
   (h) The money in the Resources License Plate Fund is
available, upon appropriation, for the purposes of natural
resources preservation, enhancement, and restoration.
   (i) All revenues deposited in, and expenditures from, the
California Collegiate License Plate Fund shall be audited by the
Auditor General on December 1, 1993, and December 1, 1995.
  SEC. 221. Section 11709.2 of the Vehicle Code is amended to
read:
   11709.2.  Every dealer shall conspicuously display a notice,
not less than eight inches high and 10 inches wide, in each
sales office and sales cubicle of a dealer's established place
of business where written terms of specific sale or lease
transactions are discussed with prospective purchasers or
lessees, and in each room of a dealer's established place of
business where sale and lease contracts are regularly executed,
which states the following:
      "NO COOLING-OFF PERIOD

   California law does not provide for a  "cooling-off" or other
cancellation period for vehicle lease or purchase contracts.
Therefore, you cannot later cancel such a contract simply
because you change your mind, decide the vehicle costs too much,
or wish you had acquired a different vehicle.  After you sign a
motor vehicle purchase or lease contract, it may only be
canceled with the agreement of the seller or lessor or for legal
cause, such as fraud."

  SEC. 222. Section 366.21 of the Welfare and Institutions Code
is amended to read:
   366.21.  (a) Every hearing  conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons
present at the hearing of the date of the future hearing, of
their right to be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a)
of Section 366.3, notice of the hearing shall be mailed by the
probation officer to the same persons as in the original
proceeding, to the minor's parent or guardian, to the foster
parents, community care facility, or foster family agency having
physical custody of the minor in the case of a minor removed
from the physical custody of his or her parent or guardian, and
to the counsel of record if the counsel of record was not
present at the time that the hearing was set by the court, by
first-class mail addressed to the last known address of the
person to be notified, or shall be personally served on those
persons, not earlier than 30 days nor later than 15 days
preceding the date to which the hearing was continued.  Service
of a copy of the notice personally or by certified mail return
receipt requested, or any other form of actual notice is
equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status
of the minor being recommended by the supervising agency.  The
notice to the foster parent shall indicate that the foster
parent may attend all hearings or may submit any information he
or she deems relevant to the court in writing.
   (c) At least 10 calendar days prior to the hearing the
probation officer shall file a supplemental report with the
court regarding the services provided or offered to the parent
or guardian to enable them to assume custody, the progress made,
and, where relevant, the prognosis for return of the minor to
the physical custody of his or her parent or guardian, and make
his or her recommendation for disposition.  If the
recommendation is not to return the minor to a parent or
guardian, the report shall specify why the return of the minor
would be detrimental to the minor.  The probation officer shall
provide the parent or guardian with a copy of the report,
including his or her recommendation for disposition, at least 10
calendar days prior to the hearing.  In the case of a minor
removed from the physical custody of his or her parent or
guardian, the probation officer shall provide a summary of his
or her recommendation for disposition to the counsel for the
minor, any court-appointed child advocate, foster parents,
community care facility, or foster family agency having the
physical custody of the minor at least 10 calendar days before
the hearing.
   (d) Prior to any hearing involving a minor in the physical
custody of a community care facility or foster family agency
that may result in the return of the minor to the physical
custody of his or her parent or guardian, or in adoption or the
creation of a legal guardianship, the facility or agency shall
file with the court a report containing its recommendation for
disposition.  Prior to such a hearing involving a minor in the
physical custody of a foster parent, the foster parent may file
with the court a report containing its recommendation for
disposition.  The court shall consider the report and
recommendation filed pursuant to this subdivision prior to
determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the
minor to the physical custody of his or her parents or guardians
unless, by a preponderance of the evidence, it finds that the
return of the child would create a substantial risk of detriment
to the physical or emotional well-being of the minor.  The
probation department shall have the burden of establishing that
detriment.  The failure of the parent or guardian to participate
regularly in any court-ordered treatment programs shall
constitute prima facie evidence that return would be
detrimental.  In making its determination, the court shall
review the probation officer's report, shall review and consider
the report and recommendations of any child advocate appointed
pursuant to Section 356.5, and shall consider the efforts or
progress, or both, demonstrated by the parent or guardian and
the extent to which he or she cooperated and availed himself or
herself of services provided; shall make appropriate findings
pursuant to subdivision (a) of Section 366; and where relevant,
shall order any additional services reasonably believed to
facilitate the return of the minor to the custody of his or her
parent or guardian.  The court shall also inform the parent or
guardian that if the minor cannot be returned home by the next
review hearing, a proceeding pursuant to Section 366.26 may be
instituted.  This section does not apply in a case where,
pursuant to Section 361.5, the court has ordered that
reunification services shall not be provided.
   If the minor was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence
that the whereabouts of the parent are still unknown, or the
parent has failed to contact and visit the child, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
If the court finds by clear and convincing evidence that the
parent has been convicted of a felony indicating parental
unfitness, the court may schedule a hearing pursuant to Section
366.26 within 120 days.
   If the minor had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the
court shall determine whether supervision is still necessary.
The court may terminate supervision and transfer permanent
custody to that parent, as provided for by paragraph (1) of
subdivision (a) of Section 361.2.
   In all other cases, the court shall direct that any
reunification services previously ordered shall continue to be
offered to the parent or guardian, provided that the court may
modify the terms and conditions of those services.  If the child
is not returned to his or her parent or guardian, the court
shall determine whether reasonable services have been provided
or offered to the parent or guardian which were designed to aid
the parent or guardian in overcoming the problems which led to
the initial removal and the continued custody of the minor.  The
court shall order that those services be initiated or
continued.
   (f) At the review hearing held 12 months after the initial
dispositional hearing, the court shall order the return of the
minor to the physical custody of his or her parent or guardian
unless, by a preponderance of the evidence, it finds that return
of the child would create a substantial risk of detriment to
the physical or emotional well-being of the minor.  The
probation department shall have the burden of establishing that
detriment.  The court shall also determine whether reasonable
services have been provided or offered to the parent or guardian
which were designed to aid the parent or guardian to overcome
the problems which led to the initial removal and continued
custody of the minor.  The failure of the parent or guardian to
participate regularly in any court-ordered treatment programs
shall constitute prima facie evidence that the return would be
detrimental.  In making its determination, the court shall
review the probation officer's report and shall consider the
efforts or progress, or both, demonstrated by the parent or
guardian and the extent to which he or she cooperated and
availed himself or herself of services provided.  If the minor
is not returned to a parent or guardian, the court shall specify
the factual basis for its conclusion that the return would be
detrimental.  The court also shall make a finding pursuant to
subdivision (a) of Section 366.
   (g) If a minor is not returned to the custody of a parent or
guardian at the hearing held pursuant to subdivision (f), the
court shall do one of the following:
   (1) Continue the case for up to six months for another review
hearing, provided that the hearing shall occur within 18 months
of the date the child was originally taken from the physical
custody of his or her parent or guardian.  The court shall
continue the case only if it finds that there is a substantial
probability that the minor will be returned to the physical
custody of his or her parent or guardian within six months or
that reasonable services have not been provided to the parent or
guardian.  The court shall inform the parent or guardian that
if the minor cannot be returned home by the next review hearing,
a permanent plan shall be developed at that hearing.  The court
shall not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that
reasonable services have been provided or offered to the parent
or guardian.

           (2) Order that the minor remain in long-term foster
care, if the court finds by clear and convincing evidence, based
upon the evidence already presented to it, that the minor is
not adoptable and has no one willing to accept legal
guardianship.
   (3) Order that a hearing be held within 120 days, pursuant
to Section 366.26, if there is clear and convincing evidence
that reasonable services have been provided or offered to the
parents.
   (h) In any case in which the court orders that a hearing
pursuant to Section 366.26 shall be held, it shall also order
the termination of reunification services to the parent.  The
court shall continue to permit the parent to visit the minor
pending the hearing unless it finds that visitation would be
detrimental to the minor.
   (i) Whenever a court orders that a hearing pursuant to
Section 366.26 shall be held, it shall direct the agency
supervising the child and the licensed county adoption agency,
or the State Department of Social Services when it is acting as
an adoption agency in counties which are not served by a county
adoption agency, to prepare an assessment which shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact
between the minor and his or her parents since the time of
placement.
   (3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and
commitment of any identified prospective adoptive parent or
guardian, particularly the caretaker, to include a social
history including screening for criminal records and prior
referrals for child abuse or neglect, the capability to meet the
minor's needs, and the understanding of the legal and financial
rights and responsibilities of adoption and guardianship.
   (5) The relationship of the minor to any identified
prospective adoptive parent or guardian, the duration and
character of the relationship, the motivation for seeking
adoption or guardianship, and a statement from the minor
concerning placement and the adoption or guardianship, unless
the minor's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a
description of the condition.
    An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
   (j) This section shall apply to minors made dependents of the
court pursuant to subdivision (c) of Section 360 on or after
January 1, 1989.
  SEC. 223. Section 729 of the Welfare and Institutions Code is
amended to read:
   729.  If a minor is found to be a person described in Section
602 by reason of the commission of a battery on school property
as described in Penal Code Section 243.5, and the court does
not remove the minor from the physical custody of the parent or
guardian, the court as a condition of probation, except in any
case in which the court makes a finding and states on the record
its reasons that the condition would be inappropriate, shall
require the minor to make restitution to the victim of the
battery.  If restitution is found to be inappropriate, the
court, except in any case in which the court makes a finding and
states on the record its reasons that the condition would be
inappropriate, shall require the minor to perform specified
community service.  Nothing in this section shall be construed
to limit the authority of a juvenile court to provide conditions
of probation.
  SEC. 224. Section 731.6 of the Welfare and Institutions Code
is amended to read:
   731.6.  (a) The Legislature hereby finds and declares the
following:
   There is a desire to develop and implement innovative and
cost-effective options that will alleviate crowding within the
institutions operated by the Department of the Youth Authority,
that will increase the department's substance abuse treatment
capability, that will improve ward performance after release to
parole, and that will prevent the further incursion of youthful
offenders into the criminal justice system.
   (b) The Legislature, therefore, intends to establish a pilot
program within the Department of the Youth Authority to test and
evaluate innovative and cost-effective sentencing options; to
instill discipline, responsibility, and self-esteem among the
youth admitted to the program; and to facilitate the successful
return of these youth to law-abiding and productive
participation in their home communities.
   (c) There shall be within the Department of the Youth
Authority an intensive correctional program for minors adjudged
wards of the juvenile court on  the grounds that they are
persons described by Section 602.  The program shall be known as
the Leadership, Esteem, Ability, and Discipline (LEAD) program
and shall be intended to promote leadership, esteem, ability,
and discipline among wards who participate.  The program shall
be implemented as a treatment continuum consisting of a
short-term and highly structured institutional component
followed by an intensive parole experience component.  The
institutional component shall not exceed four months from the
time the ward enters into the LEAD program until the time the
ward is released to parole, except as provided in subdivision
(g).  The institutional component shall be based on a military
training model and shall include such discipline, educational,
and vocational training, substance abuse prevention,
esteem-building, and other activities as may be deemed
appropriate and effective by the department.  The last month of
the institutional component shall include a special emphasis on
preparole and transitional needs of wards, emphasizing public
service, personal accountability, employability, and good
citizenship.  The intensive parole experience shall consist of
six months of enriched parole services designed to facilitate
the successful return of the ward to society.  As used in this
section, "enriched parole services" means that parole agents
assigned to the LEAD program shall have caseloads of not more
than 15 parolees per agent.  The intensive parole component of
the LEAD program shall consist of services and strategies deemed
appropriate and effective by the department, including, but not
limited to, substance abuse prevention support services,
individual and group counseling, family support services, drug
testing, electronic monitoring, job training and job placement
services, and the development of linkages to community-based
agencies and services that can assist the ward in making a
successful readjustment.  The intensive parole phase of the LEAD
program shall include a relapse-management strategy designed to
focus intensive services upon wards who are at risk of failing
on parole, and this relapse-management may include specialized,
short-term residential, and noninstitutional placement for
parolees who need a temporary and structured environment in
order to succeed on parole.  Upon the successful completion of
six months of intensive parole, LEAD participants may be
transferred to the regular parole caseload of the Department of
the Youth Authority for six months and shall be subject to
general provisions of parole in order to receive continued
supervision and parole services at less intensive levels.
   (d) The LEAD program shall be implemented as a 60-bed pilot
program at a northern California facility to be designated by
the Department of the Youth Authority, and shall begin enrolling
wards on or before September 30, 1992.  The second phase shall
consist of a 60-bed program at a southern California facility to
be designated by the Department of the Youth Authority and
shall begin enrolling wards during the 1993 calendar year,
unless one of the following events occurs:
   (1) The LEAD program is ended by the Department of the Youth
Authority on the basis of an operational failure, such as a
chronic insufficiency of wards meeting the eligibility
requirements of subdivision (a) of Section 731.7.
   (2) There is an insufficient number of wards meeting the
eligibility requirements of subdivision (a) of Section 731.7 to
sustain at least a 40-bed program in southern California.
   (3) Insufficient funds are available to implement the
southern California expansion of the LEAD program.
   If the Department of the Youth Authority determines, based on
one or more of these events, that it cannot add an additional
LEAD program to serve southern California wards, it shall make a
written report to the Legislature of its decision not to
proceed with the second phase of the LEAD program and of its
reasons for making the decision not to proceed.
   The Department of the Youth Authority may, at any time and in
its discretion, increase LEAD program capacity at either the
northern or southern California facility if resources are
available to support the increase.
   (e) Wards who participate in the LEAD program shall, to the
extent practical, be separated while institutionalized from
wards who are not enrolled in the LEAD program.
   (f) The Department of the Youth Authority shall, in its
design, staffing, and implementation of the institutional
component of the LEAD program, take steps to ensure that the
disciplinary and esteem-building activities do not involve the
corporal punishment of wards or the application of training
methods that are personally degrading, humiliating, or inhumane.

   (g) In exceptional cases, a ward may be retained in the
institutional component of the LEAD program for up to 30
additional days if additional time is needed, in the opinion of
the department, to allow the ward to complete the program
successfully after illness or some other unforeseen circumstance
that may delay the ward's normal progress and timely release to
parole.  If a ward's release to parole is delayed beyond the
normal four-month institutional stay, the department shall
maintain documentation in the ward's file regarding the need for
and the length of any additional time spent in the
institutional component of the program.
   (h) This section shall be repealed on June 30, 1997, unless
that date is extended or deleted by a later enacted statute.
  SEC. 225. Section 11325.2 of the Welfare and Institutions Code
is amended to read:
   11325.2.  (a) At the time an individual registers pursuant to
this article, including any individual who volunteers to
participate, or, with respect to any individual described in
Section 11325, at the time the situation that permits
nonparticipation no longer exists, every individual shall enter
into a written basic contract with the county welfare
department.
   (b) The county shall offer the participant three days in
which to consider and evaluate the proposed terms of the
contract, or any subsequent amendments to the contract.
   (c) The contract shall contain all of the following:
   (1) The contract shall be written in clear and understandable
language, and have a simple and easy-to-read format.  The
contract shall contain at least all of the following general
information:
   (A) A general description of the program provided for in this
article.
   (B) A detailed description of the services, including
supportive services such as child care and transportation,
available to program participants and the hours the participant
is required to attend training, education, or work experience.
   (C) A description of the rights, duties, and responsibilities
of program participants, including a list of the exemptions
from required participation under this article and the
consequences of a refusal to participate in program components.

   (2) In the case of any participant who has not been employed
within two years  from the date of registration, except for a
participant described in paragraph (4), the contract shall
provide that the participant shall participate in job club for a
period of three weeks, as defined in Section 11322.6.
Participation pursuant to this paragraph may be delayed in
accordance with paragraph (5) or (6).
   (3) In the case of any participant who has been employed
within two years of the date of registration, except for a
participant described in paragraph (4), the participant shall
have the option to participate in a three-week period of job
club, as defined in Section 11322.6, or in a three-week period
of supervised job search, as defined in that section.  At the
discretion of the employment and training counselor and with the
approval of the first or second line supervisor, the job search
period may be shortened when it is determined that all
reasonable job search efforts have been exhausted.  The
participant shall choose one of the options upon signing the
contract.  Participation pursuant to this paragraph may be
delayed in accordance with paragraph (5) or (6).
   (4) Notwithstanding paragraph (2) and (3), in the case of any
participant who has been a recipient of aid under this chapter
more than twice within three years from the date of
registration, the contract shall provide for immediate referral
to assessment pursuant to Section 11325.4.  Participation
pursuant to this paragraph may be delayed in accordance with
paragraph (5) or (6).
   (5) (A) Any individual who is enrolled or attending in good
standing in a self-initiated vocational training program or an
educational program that will likely lead to unsubsidized
employment in an occupation in demand may continue to
participate in that program until completion of the program for
a period not to exceed two years from the date the basic
contract reflecting the self-initiated program is signed.  The
individual's program shall be scheduled to be completed within
the two-year period.  The two-year period may be extended, one
time only, for a period of not more than six months, on an
individual basis, for persons who are unable to complete a
self-initiated program due to any of the following circumstances
and who have a reasonable expectation to complete that program
within the six-month period:
   (i) The individual's basic skills requirements required more
class time than was estimated at the commencement of that
individual's self-initiated program.
   (ii) The school or college did not offer required classes in
a sequence that permitted completion of the self-initiated
program within the prescribed time period.
   (iii) The individual had a personal or family crisis that
resulted in the inability of that individual to complete his or
her self-initiated program without an additional period of
attendance, not to exceed six months.
   (B) In order to continue in a self-initiated training or
education program, a GAIN applicant or recipient shall need the
education or training in order to become employable in
unsubsidized employment.  Any individual who meets either of the
following criteria shall be deemed to be employable:
   (i) Possesses a baccalaureate degree.
   (ii) Has an education or job skills necessary to obtain
unsubsidized employment in an occupation that is in demand that
will provide the individual with an income equal to two times
the federal poverty line for the appropriate family size.  A
county may waive this requirement if an individual is able to
demonstrate that, due to compelling personal circumstances,
employment in the previous occupation is not realistic,
including, but not limited to, a work-related disability,
inability to obtain required union membership, or hours of
employment that cause a severe hardship on the recipient's
family.
   (C) (i) Supportive services reimbursement shall be limited to
child care and transportation for any participant in a
self-initiated training or education program approved under this
subdivision.  This reimbursement shall be provided if no other
source of funding for those costs is available.
   (ii) Any offset to supportive services payments shall be made
in accordance with subdivision (d) of Section 11323.4.
   (D) (i) In order to continue in a self-initiated training or
education program, a GAIN participant shall be attending at
least full time and shall make satisfactory progress, as
periodically measured according to the standards of the program
in which the individual is enrolled.  If the individual is
attending less than full time upon entry into GAIN but she or he
agrees to full-time attendance as soon as possible, the
individual shall be considered to be attending on a full-time
basis.
   (ii) A GAIN participant may participate on less than a
full-time basis, but not less than on a half-time basis, if
full-time participation is not feasible due to good cause, as
defined in Section 11328.
   (E) Participation in the self-initiated vocational or
educational training program shall be reflected in the basic
contract.  The basic contract shall provide that whenever an
individual ceases to participate in, refuses to attend
regularly, or does not maintain satisfactory progress in the
self-initiated program, the individual shall participate in this
program in accordance with paragraph (2), (3), or (4),
whichever is applicable.
   (F) Any person whose previously approved self-initiated
education or training program is interrupted for reasons
preventing participation may resume participation in the same
program if the participant maintained good standing in the
program while participating.  The county shall adjust the
completion date of the program accounting for the time of
absence to allow the participant a cumulative total of two years
participation for completion of the program.  In circumstances
where the break in participation was for a period of more than
one year, the participant may resume the program if the county
determines the previously approved self-initiated education or
training program meets all other criteria of this section at the
time it is resumed.
   (6) For those participants who lack basic literacy or
mathematics skills, a high school diploma or its equivalent, or
English language skills, the basic contract shall provide for
either remedial education, instruction in order to obtain a
general educational development certificate, or instruction in
English as a second language.  These participants shall be
referred to appropriate service providers, including the
educational programs operated by school districts or county
offices of education that have contracted with the
Superintendent of Public Instruction to provide services to
participants pursuant to Section 33117.5 of the Education Code.
The basic contract shall provide that when an individual to
whom this paragraph applies, fails, refuses, or ceases to comply
with program requirements, without good cause, as specified in
Section 11328, and conciliation efforts as specified in Section
11327.4 have failed to resolve the dispute, the individual shall
be subject to the sanction  provisions of Section 11327.5.
   (7) An individual to whom paragraph (6) applies who is either
determined at appraisal or by the education provider as unable
to benefit from basic educational services due to a learning or
medical problem, or is participating in the instruction and is
determined not to be making satisfactory progress, shall be
referred to a progress evaluation for a determination of whether
the individual has the ability to successfully complete the
assigned component.  As part of the evaluation, counties may
require an individual to take tests to obtain additional
information regarding the student's learning abilities.  This
evaluation may result in referral, as appropriate, to any of the
following components:  (A) rereferral to the person's previous
activity; (B) existing special programs that meet specific needs
of the individual; (C) job club, if the county determines the
individual has the skills needed to find a job in the local
labor market; (D) assessment followed by the appropriate
postassessment activity; or (E) rehabilitation assessment and
subsequent training.  The participant shall be involved in the
decisions made during the progress evaluation and shall have
appeal rights consistent with those accorded to individuals
during an assessment made pursuant to subdivision (b) of Section
11325.4.
   It is the intent of the Legislature that the progress
evaluations provide a method for determining the appropriate
services needed by an individual for long-term success in the
job market.  An individual who is determined to need long
periods of classroom instruction in order to achieve basic
skills should not be referred to a progress evaluation if he or
she is making steady, satisfactory progress in attaining the
basic skill goal.
   (8) (A) In the case of an individual who is an applicant for
aid under this chapter and who is required to register pursuant
to this article, mandated activities shall be limited to those
necessary to enter into a written basic contract and to
participation in job search.
   (B) A participant described in subparagraph (A) who is
assessed as needing additional education and who chooses
education in preference to job search as his or her first
program component shall not be required to participate in job
search until the county has approved the registrant for aid
pursuant to this chapter.
   (9) Notwithstanding paragraphs (2) to (6), inclusive, the
department shall adopt regulations or policies, as required by
federal law, that specify the participation requirements with
which one parent in a family eligible for aid under this chapter
due to the unemployment of the principal wage earner is
required to comply.
   (d) This section shall not apply to individuals subject to
Article 3.5 (commencing with Section 11331) during the time that
article is operative.
  SEC. 226. Section 11400 of the Welfare and Institutions Code
is amended to read:
   11400.  For the purposes of this article, the following
definitions shall apply:
   (a) "Aid to Families with Dependent Children-Foster Care
(AFDC-FC)" means the aid provided on behalf of needy children in
foster care under the terms of this division.
   (b) "Case plan" means a written document which at a minimum
specifies the type of home in which the child shall be placed,
the appropriateness of the home for meeting the child's needs,
the agency's plan for ensuring that the child, family, and
foster parents receive services, and the appropriateness of the
services provided to the child, in order to meet the child's
needs while in foster care, and to reunify the child with his or
her family, or, when reunification is not possible, to
facilitate an alternate permanent plan.
   (c) "Certified family home" means a family residence
certified by a licensed foster family agency and issued a
certificate of approval by that agency as meeting licensing
standards, and used only by that foster family agency for
placements.
   (d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
   (e) "Small family home" means any residential facility, in
the licensee's family residence, which provides 24-hour care for
six or fewer foster children who have mental disorders or
developmental or physical disabilities and who require special
care and supervision as a result of their disabilities.
   (f) "Foster care" means the 24-hour out-of-home care provided
to children whose own families are unable or unwilling to care
for them, and who are in need of temporary or long-term
substitute parenting.
   (g) "Foster family agency" means any individual or
organization engaged in the recruiting, certifying, and training
of, and providing professional support to, foster parents, or
in finding homes or other places for placement of children for
temporary or permanent care who require that level of care as an
alternative to a group home.  Private foster family agencies
shall be organized and operated on a nonprofit basis.
   (h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis
only, of any capacity, that provides services in a group setting
to children in need of care and supervision, as required by
paragraph (1) of subdivision (a) of Section 1502 of the Health
and Safety Code.
   (i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, which
shall include a determination of the continuing need for
placement in foster care, evaluation of the goals for the
placement and the progress toward meeting these goals, and
development of a target date for the child's return home or
establishment of alternative permanent placement.
   (j) "Permanency planning hearing" means a hearing conducted
by the juvenile court in which the child's future status,
including whether the child shall be returned home or another
permanent plan shall be developed, is determined.
   (k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by
virtue of the agency or organization having (1) been delegated
care, custody, and control of a child by the juvenile court, (2)
taken responsibility, pursuant to a relinquishment or
termination of parental rights on a child, (3) taken the
responsibility of supervising a child detained by the juvenile
court pursuant to Section 319 or 636, or (4) signed a voluntary
placement agreement for the child's placement; or to the
responsibility designated to an individual by virtue of his or
her being appointed the child's legal guardian.
   (l) "Preplacement preventive services" means services which
are designed to help children remain with their families by
preventing or eliminating the need for removal.
   (m) "Relative" means a person who can be a "caretaker
relative" of a dependent child under Section 406 of the Social
Security Act.
   (n) "Voluntary placement" means an out-of-home placement of a
minor by (1) the  county welfare department after the parents
or guardians have requested the assistance of the county welfare
department and have signed a voluntary placement agreement; or
(2) the county welfare department licensed public or private
adoption agency, or the department acting as an adoption agency,
after the parents have requested the assistance of either the
county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency
for the purpose of adoption planning, and have signed a
voluntary placement agreement.
   (o) "Voluntary placement agreement" means a written agreement
between either the county welfare department, a licensed public
or private adoption agency, or the department acting as an
adoption agency, and the parents or guardians of a minor which
specifies, at a minimum, the following:

                  (1) The legal status of the child.
   (2) The rights and obligations of the parents or guardians,
the child, and the agency in which the child is placed.
   (p) "Original placement date" means the most recent date on
which the court detained a child and ordered an agency to be
responsible for supervising the child or the date on which an
agency assumed responsibility for a child due to termination of
parental rights, relinquishment, or voluntary placement.
   (q) "Transitional housing placement facility" means a
community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and
Safety Code to provide transitional housing opportunities to
persons at least 17 years old, and not more than 18 years old
unless they satisfy the requirements of Section 11403, who are
in out-of-home placement under the supervision of the county
department of social services or the county probation
department, and who are participating in an independent living
program.
  SEC. 227. Section 11462.05 of the Welfare and Institutions
Code is amended to read:
   11462.05.  By October 1, 1995, the department shall review
and recommend to the appropriate policy and fiscal committees of
the Legislature, a new or revised ratesetting system for
facilities receiving reimbursement under Sections 11462 and
11462.01.  The department shall conduct this review and develop
recommendations with the advice and assistance of county
placement agencies, group home provider associations, and other
individuals and organizations as designated by the director.
The recommendations shall be based on the department's review
and evaluation of the current program classification system,
group home actual cost data, and information from the group home
program statements and level of care assessments specified in
Section 11467.
  SEC. 228. Section 11466.2 of the Welfare and Institutions Code
is amended to read:
   11466.2.  (a) The department shall perform or have performed
group home program and fiscal audits as needed.  Group home
programs shall maintain all child-specific, programmatic,
personnel, fiscal, and other information affecting group home
ratesetting and AFDC-FC payments for a period not less than five
years.
   (b) (1) The department shall develop regulations to correct a
group home program's RCL, and to adjust the rate and to recover
any overpayments resulting from an overstatement of the
projected level of care and services.
   (2) Beginning in fiscal year 1990-91, the department shall
modify the amount of the overpayment pursuant to paragraph (1)
in cases where the level of care and services provided per child
in placement equals or exceeds the level associated with the
program's RCL.  In making this modification, the department
shall determine whether services other than child care
supervision were provided to children in placement in an amount
that is at least proportionate on a per child basis to the
amount projected in the group home's rate application.  In cases
where these services are provided in less than a proportionate
amount, staffing for child care supervision in excess of its
proportionate share shall not be substituted for non-child care
supervision staff hours.
   (c) (1) In any audit conducted by the department, the
department, or other public or private audit agency with which
the department contracts, shall coordinate with the department's
licensing and ratesetting entities so that a consistent set of
standards, rules, and auditing protocols are maintained.  The
department, or other public or private audit agency with which
the department contracts, shall make available to all group home
providers, in writing, any standards, rules, and auditing
protocols to be used in those audits.
   (2) The department shall provide exit interviews with
providers whenever deficiencies found are explained and the
opportunity exists for providers to respond.  The department
shall develop regulations specifying the procedure for the
appeal of audit findings.
  SEC. 229. Section 12301.6 of the Welfare and Institutions Code
is amended to read:
   12301.6.  (a) Notwithstanding Sections 12302 and 12302.1, a
county board of supervisors may, at its option, elect to do
either of the following:
   (1) Contract with a nonprofit consortium to provide for the
delivery of in-home supportive services.
   (2) Establish, by ordinance, a public authority to provide
for the delivery of in-home supportive services.
   (b) (1) To the extent that a county elects to establish a
public authority pursuant to paragraph (2) of subdivision (a),
the enabling ordinance shall specify the membership of the
governing body of the public authority, the qualifications for
individual members, the manner of appointment, selection, or
removal of members, how long they shall serve, and other matters
as the board of supervisors deems necessary for the operation
of the public authority.
   (2) A public authority established pursuant to paragraph (2)
of subdivision (a) shall be both of the following:
   (A) An entity separate from the county, and shall be required
to file the statement required by Section 53051 of the
Government Code.
   (B) A corporate public body, exercising public and essential
governmental functions and that has all powers necessary or
convenient to carry out the delivery of in-home supportive
services, including the power to contract for services pursuant
to Sections 12302 and 12302.1.  Employees of the public
authority shall not be employees of the county for any purpose.

   (3) (A) As an alternative, the enabling ordinance may
designate the board of supervisors as the governing body of the
public authority.
   (B) Any enabling ordinance that designates the board of
supervisors as the governing body of the public authority shall
also specify that no fewer than 50 percent of the membership of
the advisory committee shall be individuals who are current or
past users of personal assistance services paid for through
public or private funds or recipients of services under this
article.
   (C) If the enabling ordinance designates the board of
supervisors as the governing body of the public authority, it
shall also require the appointment of an advisory committee of
not more than 11 individuals who shall be designated in
accordance with subparagraph (B).
   (D) Prior to making designations of committee members
pursuant to subparagraph (C), or governing body members in
accordance with paragraph (4), the board of supervisors shall
solicit recommendations of qualified members of either the
governing body of the public authority or of any advisory
committee through a fair and open process that includes the
provision of reasonable, written notice to, and a reasonable
response time by, members of the general public and interested
persons and organizations.
   (4) If the enabling ordinance does not designate the board of
supervisors as the governing body of the public authority, the
enabling ordinance shall require the membership of the governing
body to meet the requirements of subparagraph (B) of paragraph
(3).
   (c) (1) Any public authority created pursuant to this section
shall be deemed to be the employer of in-home supportive
services personnel referred to recipients under paragraph (3) of
subdivision (d) within the meaning of Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government
Code.  Recipients shall retain the right to select, terminate,
and direct the work of any in-home supportive services personnel
providing services to them.
   (2) (A) Any nonprofit consortium contracting with a county
pursuant to this section shall be deemed to be the employer of
in-home supportive services personnel referred to recipients
pursuant to paragraph (3) of subdivision (d) for the purposes of
collective bargaining over wages, hours, and other terms and
conditions of employment.
   (B) Recipients shall retain the right to select, terminate,
and direct the work of any in-home supportive services personnel
providing services for them.
   (d) Any nonprofit consortium contracting with a county
pursuant to this section or any public authority established
pursuant to this section shall provide for all of the following
functions under this article, but shall not be limited to those
functions:
   (1) The provision of assistance to recipients in finding
in-home supportive services personnel through the establishment
of a registry.
   (2) Investigation of the qualifications and background of
potential personnel.
   (3) Establishment of a referral system under which in-home
supportive services personnel shall be referred to recipients.
   (4) Providing for training and monitoring of providers and
recipients.
   (5) Performing any other functions related to the delivery of
in-home supportive services.
   (6) Ensuring that the requirements of the personal care
option pursuant to Subchapter 19 (commencing with Section 1396)
of Chapter 7 of Title 42 of the United States Code are met.
   (e) (1) Any nonprofit consortium contracting with a county
pursuant to this section or any public authority created
pursuant to this section shall be deemed not to be the employer
of in-home supportive services personnel referred to recipients
under this section for purposes of liability due to the
negligence or intentional torts of the in-home supportive
services personnel.
   (2) In no case shall a nonprofit consortium contracting with
a county pursuant to this section or any public authority
created pursuant to this section be held liable for action or
omission of any in-home supportive services personnel whom the
nonprofit consortium or public authority did not list on its
registry or otherwise refer to a recipient.
   (3) Counties and the state shall be immune from any liability
resulting from their implementation of this section in the
administration of the In-Home Supportive Services program.  Any
obligation of the public authority or consortium pursuant to
this section, whether statutory, contractual, or otherwise,
shall be the obligation solely of the public authority or
nonprofit consortium, and shall not be the obligation of the
county or state.
   (f) Any nonprofit consortium contracting with a county
pursuant to this section shall ensure that it has a governing
body that complies with the requirements of subparagraph (B) of
paragraph (3) of subdivision (b) or an advisory committee that
complies with subparagraphs (B) and (C) of paragraph (3) of
subdivision (b).
   (g) Recipients of services under this section may elect
in-home supportive services personnel who are not referred to
them by the public authority or nonprofit consortium.  Those
personnel shall be referred to the public authority or nonprofit
consortium for the purposes of wages, benefits, and other terms
and conditions of employment.
   (h) Nothing in this section shall be construed to alter,
require the alteration of, or interfere with the state payroll
system and other provisions of Section 12302.2 for individual
providers of in-home supportive services, or to affect the state'
s responsibility with respect to unemployment insurance, or
workers' compensation for providers of in-home supportive
services.
   (i) To the extent permitted by federal law, personal care
option funds, obtained pursuant to Subchapter 19 (commencing
with Section 1396) of Chapter 7 of Title 42 of the United States
Code, along with matching funds using the state and county
sharing ratio established in subdivision (c) of Section 12306,
or any other funds that are obtained pursuant to Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the
United States Code, may be used to establish and operate an
entity authorized by this section.
   (j) Notwithstanding any other provision of law, a county, in
exercising its option to establish a public authority, shall not
be subject to competitive bidding requirements.  However,
contracts entered into by either the county, a public authority,
or a nonprofit consortium pursuant to this section shall be
subject to competitive bidding as otherwise required by law.
   (k) (1) The department may adopt regulations implementing
this section as emergency regulations in accordance with Chapter
3.5 (commending with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code.  For the purposes of the
Administrative Procedures Act, the adoption of the regulations
shall be deemed an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.  Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government
Code, these emergency regulations shall not be subject to the
review and approval of the Office of Administrative Law.
   (2) Notwithstanding subdivision (h) of Section 11364.1 and
Section 11349.6 of the Government Code, the department shall
transmit these regulations directly to the Secretary of State
for filing.  The regulations shall become effective immediately
upon filing by the Secretary of State.
   (3) Except as otherwise provided for by Section 10554, the
Office of Administrative Law shall provide for the printing and
publication of these regulations in the California Code of
Regulations.  Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, these regulations shall not be repealed by the
Office of Administrative Law and shall remain in effect until
revised or repealed by the department.
   (l) (1) In the event that a county elects to form a nonprofit
consortium or public authority pursuant to subdivision (a)
before the State Department of Health Services has obtained all
necessary federal approvals pursuant to paragraph (3) of
subdivision (j) of Section 14132.95, all of the following shall
apply:
   (A) Subdivision (c) shall apply only to those matters that do
not require federal approval.
   (B) The second sentence of subdivision (g) shall not be
operative.
   (C) The nonprofit consortium or public authority shall not
provide services other than those specified in paragraphs (1),
(2), (3), (4), and (5) of subdivision (d).
   (2) Paragraph (1) shall become inoperative when the State
Department of Health Services has obtained all necessary federal
approvals pursuant to paragraph (3) of subdivision (j) of
Section 14132.95.
  SEC. 230. Section 14124.92 of the Welfare and Institutions
Code, as added by Chapter 718 of the Statutes of 1992, is
amended and renumbered to read:
   14124.93.  (a) The State Department of Social Services shall
provide payments to the Child Support Enforcement Program (Title
IV-D) in the district attorney's office of fifty dollars ($50)
per case for obtaining third-party health coverage or insurance
of beneficiaries.
   (b) A county shall be eligible for a payment if the county
obtains third-party health coverage or insurance for applicants
or recipients of Title IV-D services not previously covered, or
for whom coverage has lapsed, and the county provides all
required information on a form approved by both the State
Department of Social Services and the State Department of Health
Services.
  SEC. 231. Section 16516 of the Welfare and Institutions Code
is amended to read:
   16516.  (a) No social worker or probation officer acting as
an officer of the court for purposes of this chapter shall,
directly or indirectly, lobby for, act as a consultant to, enter
into a business transaction with, acquire ownership of, or
obtain a pecuniary interest in, any business, whether organized
for profit or as a nonprofit entity, which has received any
funds or income from court-ordered child welfare services.
   (b) (1) Any public law enforcement agency or any private
entity shall have standing to bring an action seeking a civil
remedy pursuant to this section in any court of competent
jurisdiction.
   (2) Any person who violates this section shall be subject to
any or all of the following remedies, as ordered by the court,
in its discretion:
   (A) Restitution of funds received in violation of this
section.
   (B) Statutory damages of not less than one thousand dollars
($1,000), not to exceed treble the amount of the funds received
in violation of this section.
   (C) Actual damages resulting from a violation of this
section.
   (D) Termination of the grant or contract.
   (E) Reasonable attorney's fees.
   (F) Any other relief that the court deems proper.
   (c) For purposes of this section, "court-ordered child
welfare services" include those services ordered by the court
pursuant to Sections 11450 and 16501 for a dependent or ward of
the court.
  SEC. 232. Section 19150 of the Welfare and Institutions Code
is amended to read:
   19150.  (a) The term "vocational rehabilitation services"
means the following services and goods:
   (1) An assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including if
appropriate, an assessment by personnel skilled in
rehabilitation technology or an assessment for supported
employment as an employment outcome.
   (2) Counseling, guidance, and work-related placement services
for persons with disabilities, including job search assistance,
placement assistance, job retention services, personal
assistance services, followup services, and specific
postemployment services necessary to assist those individuals in
maintaining, regaining, or advancing in their employment, both
competitive and supported.
   (3) Training services for persons with disabilities, which
shall include personal and vocational adjustment, books, and
other training materials.
   (4) Auxiliary aide services, such as reader services for
individuals who are blind and interpreter services for
individuals who are deaf.
   (5) Job coaching services that may include any of the
following:
   (A) On-the-job skill training.
   (B) Observation or supervision at the worksite.
   (C) Consultation or training, or both, of coworkers and
supervisors.
   (D) Assistance in integrating into the work environment.
   (E) Destination training.
   (F) Assistance with public support agencies.
   (G) Family and residential provider consultation.
   (H) Any other on- or off-the-job support services needed to
reinforce and stabilize job placement.
   (6) Recruitment and training services for persons with
disabilities to provide them with new employment opportunities
in the fields of rehabilitation, health, welfare, public safety,
and law enforcement, and other appropriate service employment.

   (7) Physical and mental restoration services, including, but
not limited to, the following:
   (A) Corrective surgery or therapeutic treatment necessary to
correct or substantially modify a physical or mental condition
which is stable or slowly progressive and constitutes an
impediment to employment, but is of such a nature that the
correction or modification may reasonably be expected to
eliminate or substantially reduce the impediment to employment
within a reasonable length of time.
   (B) Necessary hospitalization in connection with surgery or
treatment.
   (C) Prosthetic and orthotic devices.
   (D) Eyeglasses and visual services as prescribed by a
physician skilled in the diseases of the eye or by an
optometrist.
   (8) Maintenance, not exceeding the additional costs incurred
while participating in rehabilitation.
   (9) Occupational licenses, tools, equipment, and initial
stocks and supplies.
   (10) Rehabilitation technology services, which shall include
rehabilitation engineering and assistive technology services and
devices.
   (11) On-the-job or other related personal assistance services
provided to an individual with a disability who is receiving
other vocational rehabilitation services.
   (12) Transition services to students, pursuant to cooperative
agreements established under Section 19013, that promote or
facilitate the accomplishment of long-term rehabilitation goals
and intermediate rehabilitation objectives.
   (13) Referral and other services designed to assist
individuals with disabilities in securing needed services from
other agencies through agreements developed pursuant to Section
19013.
   (14) The provision of other programs and services when
provided for the benefit of groups of individuals, including,
but not limited to, any of the following:
   (A) In the case of any type of small business operated by
individuals with severe disabilities, the operation of which can
be improved by management services and supervision provided by
the department, the provision of those services and supervision,
alone or together with the acquisition by the department of
vending stands and other equipment and initial stocks and
supplies.
   (B) The establishment, development, or improvement of
community rehabilitation programs that promise to contribute
substantially to the rehabilitation of a group of individuals
but that are not related directly to the rehabilitation plan of
any one individual with a disability, providing the program is
used to provide services that promote integration and
competitive employment, including supported employment.
   (C) Technical assistance and support services to businesses
that are not subject to Subchapter 1 (commencing with Section
12111) of Chapter 126 of Title 42 of the United States Code and
that are seeking to employ individuals with disabilities.
   (15) Transportation in connection with the rendering of any
other vocational rehabilitation service.
   (16) Any other goods and services necessary to render a
person with disabilities employable.
   (17) Services to the families of persons with disabilities
when those services will contribute substantially to the
rehabilitation of those individuals.
   (b) For the purposes of subdivision (a), full consideration
of eligibility for any comparable service or benefit shall be
utilized to the extent permitted by federal law.
  SEC. 233. Section 23.5 of Chapter 503 of the Statutes of 1955,
as amended by Chapter 290 of the Statutes of 1993, is amended
to read:
  Sec. 23.5. (a) The Legislature hereby finds and declares that
a county may face substantial expense in maintaining a roll or
system that reflects both current values of property for the
purpose of ad valorem assessments as provided by this act and
the property values for general taxation mandated by Article
XIIIA of the California Constitution.  The Legislature further
finds and declares that a fair and proper assessment for
district objects and purposes may be imposed on the alternative
basis of the use to which the benefited land may be put and the
services and benefits provided.
   (b) The board of supervisors of the county and the board of
directors of the district may evaluate the costs of maintaining
a system to determine benefits according to assessed valuation
of land and improvements thereon pursuant to Section 23 and the
cost of determining benefits pursuant to use and services and
benefits provided pursuant to this section.  Pursuant to that
determination, the board of supervisors and the board of
directors may elect to impose an assessment as set forth in
Section 23 or this section sufficient to raise the amount or
amounts represented annually by the district.
   (c) The assessment authorized to be imposed on each parcel
under this section shall be based upon the parcel's
proportionate benefit, taking into account the zone in which it
is located, its size, and its capacity for being put to use,
with respect to all other parcels in the district.  The
aggregate of all the assessments shall not exceed the maximum
limit set forth in Section 23, except as that limit is increased
by the qualified voters of the district.
   (d) Prior to July 10 of each year, the district shall
transmit to the board of supervisors the zones of benefit and
land use categories required to impose the assessment authorized
by this section.
   (e) Prior to March 1 of any year, landowners in the district
may petition the board of directors to review, or the board of
directors may elect to review on its own motion, the zones of
benefit or land use categories determined by the district and
submitted to the board of supervisors pursuant to this section.
The petition shall be signed by at least 1 percent of the
landowners within the district.  The board of directors shall
set a time and place for hearing upon the petition and shall
give notice of the hearing by publishing the notice twice in a
publication of general circulation at least 20 days prior to the
hearing.  The board of directors may, by resolution at the
conclusion of the hearing, modify the zones of benefit or the
land use categories as, in its judgment, is required and that
modification shall become effective the next tax year, but in no
event later than the next tax year following the next March 1.

   (f) If the board of supervisors of the county and the board
of directors of the district elect to use the alternative
assessment basis provided in this section, the county and the
district may recover their reasonable costs of preparing,
imposing, and collecting the assessments.  The district shall
pay to the county from the proceeds of the assessments the
county's portion of the costs.
  SEC. 234. Section 2 of Chapter 775 of the Statutes of 1989, as
amended by Chapter 1207 of the Statutes of 1993, is amended to
read:
  Sec. 2. The Superintendent of Public Instruction shall develop
model performance standards and a framework for instruction in
consumer and home economics.  The State Department of Education
shall prepare and disseminate information to school districts
and county offices of education offering instruction in consumer
and home economics education that includes all of the
following:
   (a) A definition of the content areas as delineated in the
consumer and home economics education model curriculum standards
and framework, and of the scope and sequence of the instruction
to be provided in grades 6 to 12, inclusive.
   (b) Guidelines for the incorporation or implementation of the
model curriculum standards into existing consumer and home
economics education programs.
   (c) A clarification of the qualifications required of
personnel assigned to teach consumer and home economics
education courses.
   (d) A delineation of how consumer and home economics
education instruction should be articulated in grades 6 to 12,
inclusive, and with other home economics occupational programs
at the secondary and postsecondary education levels.
   (e) Specific information as to how consumer and home
economics education courses can be strengthened pursuant to
subdivision (b) of Section
           51225.3 of the Education Code in adopting alternative
means for pupils to complete the prescribed course of study for
graduation.
   (f) Quality criteria to ensure an effective consumer and
homemaking education instructional program.
  SEC. 235. Section 22 of Chapter 1608 of the Statutes of 1990,
as amended by Chapter 589 of the Statutes of 1993, is amended to
read:
  Sec. 22. If both this bill and SB 2268 are enacted and become
effective on or before January 1, 1991, and each bill amends
Section 33080.4 of the Health and Safety Code, as amended by
Section 7 of Chapter 1140 of the Statutes of 1989, and this bill
is enacted after SB 2268, then Section 33080.4 of the Health
and Safety Code, as amended by Section 12 of this bill, shall
not become operative.
  SEC. 236. Section 4 of Chapter 346 of the Statutes of 1992 is
amended to read:
  Sec. 4. For the purposes of Sections 17922.2 and 18941.6, as
added to the Health and Safety Code by this act, and
notwithstanding the meaning of "local conditions" as used
elsewhere in Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code, and Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, it is the intent of the Legislature that the term
"local conditions" shall only include the impact of the
implementation of seismic strengthening standards on the
preservation of qualified historic structures (as governed by
the State Historical Building Code, Part 2.7 (commencing with
Section 18950) of Division 13 of the Health and Safety Code),
participation in historic preservation programs such as the
California Mainstreet Program, and the preservation of
affordable housing.
  SEC. 237. Section 10 of Chapter 312 of the Statutes of 1993 is
amended to read:
  Sec. 10. This act shall not become operative unless and until
the Interstate Commerce Commission has adopted and made
effective final regulations embodying standards set forth in the
Intermodal Surface Transportation Efficiency Act of 1991 (49
U.S.C. Sec. 11506).
  SEC. 238. Section 1 of Chapter 1270 of the Statutes of 1993 is
amended to read:
  Section 1. The Legislature finds and declares each of the
following:
   (a) The photograph files at some police and sheriff's
departments are expensive and difficult to maintain, and
untimely if copies are urgently needed by other law enforcement
agencies.
   (b) The criminal justice agencies of this state do not have a
statewide system to retain, identify, and communicate criminal
photographs.
   (c) This act is intended to assure the creation of a
statewide automated system (Cal-Photo) for the storing and
communication of law enforcement related photographs after the
Department of Justice completes a feasibility study as specified
in Section 11110 of the Penal Code and a report to the
Legislature concerning the study as specified in that section.
  SEC. 239. Section 7 of Chapter 1270 of the Statutes of 1993 is
amended to read:
  Sec. 7. Section 11110 of the Penal Code shall be funded from
moneys appropriated by the Legislature in the Budget Act of 1994
or from existing resources of the Department of Justice other
than fees collected pursuant to subdivision (e) of Section 11105
of the Penal Code.
  SEC. 240. Any section of any act enacted by the Legislature
during the 1994 calendar year that takes effect on or before
January 1, 1995, and that amends, amends and renumbers, adds,
repeals and adds, or repeals a section amended, amended and
renumbered, repealed and added, or repealed by this act, shall
prevail over this act, whether that act is enacted prior to, or
subsequent to, this act.  The repeal, or repeal and addition, of
any article, chapter, part, title, or division of any code by
this act shall not become operative if any section of any other
act amends, amends and renumbers, adds, repeals and adds, or
repeals any section contained in that article, chapter, part,
title, or division.