BILL NUMBER: SB 975 CHAPTERED
BILL TEXT
CHAPTER 91
FILED WITH SECRETARY OF STATE JULY 6, 1995
APPROVED BY GOVERNOR JULY 5, 1995
PASSED THE ASSEMBLY JUNE 22, 1995
PASSED THE SENATE APRIL 20, 1995
AMENDED IN SENATE MARCH 29, 1995
INTRODUCED BY Committee on Judiciary (Senators Calderon (Chair),
Campbell, Leslie, Lockyer, O'Connell, and Wright)
FEBRUARY 24, 1995
An act to amend Sections 35, 2902, 3518, 7159, 17511.12, 17539.5,
19601, 19602, 21672, 23958.4, 24200, 25503.15, and 25600 of, and to
amend and renumber Sections 17440.34 and 17540.59 of, the Business
and Professions Code, to amend Sections 714, 1803.2, 2955, and 3427.2
of the Civil Code, to amend Sections 2607 and 2714 of the Commercial
Code, to amend Sections 8092, 10553, 14004.5, 14505, 22218.5, 41401,
41601, 41841.6, 44253.10, 49422, 52321, 56440, and 69619.1 of, to
add Section 47715 to, and to repeal Section 42238.15 of, the
Education Code, to add a heading to the Elections Code, to amend
Sections 3042 and 7574 of the Family Code, to amend Sections 19315
and 38861 of, and to amend and renumber Section 41865.6 of, the Food
and Agricultural Code, to amend Sections 825.6, 7514.1, 8589.7,
8670.3, 9020, 20523, 51015.05, 54776, 54783, 56375, 57092, 65089,
67931, 70141.11, and 93104 of, to amend and renumber Sections 6524
and 15364.6.1 of, and to repeal the heading of Article 6 (commencing
with Section 14710) of Chapter 2 of Part 5.5 of Division 3 of Title 2
of, the Government Code, to amend Sections 1795.12, 13220, 17060.2,
25200.1.5, 25200.12, 25396, 25501.2, 25501.4, 33320.7, 33492.82,
33492.86, 33492.87, 33492.94, 33502, 40100.7, 40152.5, 40440.2,
40701.5, 40709.6, 43213, 43645, 43655, 43701, 43702, 44001.5,
44017.5, 44036.8, 44070, 44093, and 52020 of, to amend and renumber
33492.70, 33492.71, and 33492.73 of, to add the heading of Article 2
(commencing with Section 33492.50) to Chapter 4.5 of Part 1 of
Division 24 of, and to repeal the heading of Article 4 (commencing
with Section 33492.70) of Chapter 4.5 of Part 1 of Division 24 of,
the Health and Safety Code, to amend Sections 11512.186, 11753.1, and
12121 of, and to amend and renumber Sections 12110, 12120, 12121,
12122, 12123, and 12124 of, the Insurance Code, to amend Sections
1295, 1296, 2350, 4800.5, 6396, and 6404.5 of the Labor Code, to
amend Sections 986.1, 996.979, 996.993, 997.009, 998.009, 998.029,
998.049, and 998.060 of the Military and Veterans Code, to amend
Sections 290, 290.3, 626.85, 647, 1122.5, 1203.45, 1270.1, 2933.6,
4011.2, 5025, 12071, and 12078 of, to amend and renumber Sections
446.9 and 653l of, to repeal and amend Section 396 of, and to repeal
the heading of Chapter 7 (commencing with Section 225) of Title 8 of
Part 1 of, the Penal Code, to amend Section 4800 of the Probate Code,
to amend Sections 10115.15 and 12225 of the Public Contract Code, to
amend Sections 4662, 5600, 21080.04, 25501, and 42202 of, and to
amend and renumber the heading of Chapter 3.5 (commencing with
Section 5600) of Division 5 of, the Public Resources Code, to amend
Sections 2883, 4451, 4460, 21670.1, 100060, and 100060.2 of, and to
amend and renumber Section 2882.5 of, the Public Utilities Code, to
amend Sections 97.3, 171, 6363.6, 6377, 10878, 17052.18, 17053.49,
19132, 23610.5, 23617.5, 24672, 42000, and 42003 of the Revenue and
Taxation Code, to amend Sections 164.56 and 5024 of the Streets and
Highways Code, to amend Sections 676.5, 1808.6, 5101.8, 5301, 6162,
6700.2, 14601, 14601.1, 14601.3, 16457, and 25278 of the Vehicle
Code, to amend Section 71881 of the Water Code, to amend Sections
317.6, 353.1, 11450.10, 14111.5, 15640, and 16576 of, and to add the
heading of Article 5 (commencing with Section 14680) to Chapter 8.8
of Part 3 of Division 9 of, the Welfare and Institutions Code, and to
amend Section 6 of Chapter 199, Section 3 of Chapter 1140, and
Section 19 of Chapter 1167, of the Statutes of 1994, relating to
maintenance of the codes.
LEGISLATIVE COUNSEL'S DIGEST
SB 975, 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 1995 and would not make any
substantive change in the law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35 of the Business and Professions Code is
amended to read:
35. It is the policy of this state that, consistent with the
provision of high-quality services, persons with skills, knowledge,
and experience obtained in the armed services of the United States
should be permitted to apply this learning and contribute to the
employment needs of the state at the maximum level of responsibility
and skill for which they are qualified. To this end, rules and
regulations of boards provided for in this code shall provide for
methods of evaluating education, training, and experience obtained in
the armed services, if applicable to the requirements of the
business, occupation, or profession regulated. These rules and
regulations shall also specify how this education, training, and
experience may be used to meet the licensure requirements for the
particular business, occupation, or profession regulated. Each board
shall consult with the Department of Veterans Affairs before
adopting these rules and regulations. Each board shall perform the
duties required by this section within existing budgetary resources
of the agency within which the board operates.
SEC. 2. Section 2902 of the Business and Professions Code is
amended to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, which
license is in force and has not been suspended or revoked.
(b) "Division" means the Division of Allied Health Professions of
the Medical Board of California. "Board" means the Board of
Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
or "psychoanalyst," or when the person holds himself or herself out
to be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
an institution accredited under subdivision (a) of Section 94310.1
of the Education Code, or an institution located in another state
that is accredited by a national or an applicable regional
accrediting agency recognized by the United States Department of
Education.
(e) "Approved," as used with reference to academic institutions,
means approved under subdivision (d) of Section 94310 of the
Education Code.
SEC. 3. Section 3518 of the Business and Professions Code is
amended to read:
3518. The committee shall keep current, two separate registers,
one for approved supervising physicians and one for licensed
physician's assistants, by specialty if applicable. These registers
shall show the name of each licensee, his or her last known address
of record, and the date of his or her licensure or approval,
including those persons practicing under interim approval under
Section 3517. Any interested person is entitled to obtain a copy of
the register in accordance with the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code) upon application to the committee
together with a sum as may be fixed by the committee, which amount
shall not exceed the cost of this list so furnished.
SEC. 4. Section 7159 of the Business and Professions Code is
amended to read:
7159. This section shall apply only to home improvement
contracts, as defined in Section 7151.2, between a contractor,
whether a general contractor or a specialty contractor, who is
licensed or subject to be licensed pursuant to this chapter with
regard to the transaction and who contracts with an owner or tenant
for work upon a residential building or structure, or upon land
adjacent thereto, for proposed repairing, remodeling, altering,
converting, modernizing, or adding to the residential building or
structure or land adjacent thereto, and where the aggregate contract
price specified in one or more improvement contracts, including all
labor, services, and materials to be furnished by the contractor,
exceeds five hundred dollars ($500).
Every home improvement contract and every contract, the primary
purpose of which is the construction of a swimming pool, shall be
subject to the provisions of this section. Every contract and any
changes in the contract subject to the provisions of this section
shall be evidenced by a writing and shall be signed by all the
parties to the contract thereto. The writing shall contain all of
the following:
(a) The name, address, and license number of the contractor, and
the name and registration number of any salesperson who solicited or
negotiated the contract.
(b) The approximate dates when the work will begin and on which
all construction is to be completed.
(c) A plan and scale drawing showing the shape, size, dimensions,
and construction and equipment specifications for a swimming pool and
for other home improvements, a description of the work to be done
and description of the materials to be used and the equipment to be
used or installed, and the agreed consideration for the work.
(d) If the payment schedule contained in the contract provides for
a downpayment to be paid to the contractor by the owner or the
tenant before the commencement of work, the downpayment shall not
exceed two hundred dollars ($200) or 2 percent of the contract price
for swimming pools, or one thousand dollars ($1,000) or 10 percent of
the contract price for other home improvements, excluding finance
charges, whichever is the lesser.
(e) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. In no event shall the payment schedule
provide for the contractor to receive, nor shall the contractor
actually receive, payments in excess of 100 percent of the value of
the work performed on the project at any time, excluding finance
charges, except that the contractor may receive an initial
downpayment authorized by subdivision (d). With respect to a
swimming pool contract, the final payment may be made at the
completion of the final plastering phase of construction, provided
that any installation or construction of equipment, decking, or
fencing required by the contract is also completed. A failure by the
contractor without lawful excuse to substantially commence work
within 20 days of the approximate date specified in the contract
when work will begin shall postpone the next succeeding payment to
the contractor for that period of time equivalent to the time between
when substantial commencement was to have occurred and when it did
occur. The schedule of payments shall be stated in dollars and
cents, and shall be specifically referenced to the amount of work or
services to be performed and to any materials and equipment to be
supplied. With respect to a contract that provides for a schedule of
monthly payments to be made by the owner or tenant and for a
schedule of payments to be disbursed to the contractor by a person or
entity to whom the contractor intends to assign the right to receive
the owner's or tenant's monthly payments, the payments referred to
in this subdivision mean the payments to be disbursed by the assignee
and not those payments to be made by the owner or tenant.
(f) A statement that, upon satisfactory payment being made for any
portion of the work performed, the contractor shall, prior to any
further payment being made, furnish to the person contracting for the
home improvement or swimming pool a full and unconditional release
from any claim or mechanic's lien pursuant to Section 3114 of the
Civil Code for that portion of the work for which payment has been
made.
(g) The requirements set forth in subdivisions (d), (e), and (f)
shall not apply when the contract provides for the contractor to
furnish a performance and payment bond, lien and completion bond,
bond equivalent, or joint control approved by the Registrar of
Contractors covering full performance and completion of the contract
and the bonds or joint control is or are furnished by the contractor,
or when the parties agree for full payment to be made upon or for a
schedule of payments to commence after satisfactory completion of the
project. The contract shall contain, in close proximity to the
signatures of the owner and contractor, a notice in at least 10-point
type stating that the owner or tenant has the right to require the
contractor to have a performance and payment bond.
(h) No extra or change-order work shall be required to be
performed without prior written authorization of the person
contracting for the construction of the home improvement or swimming
pool. Any change-order forms for changes or extra work shall be
incorporated in, and become a part of, the contract.
(i) If the contract provides for a payment of a salesperson's
commission out of the contract price, that payment shall be made on a
pro rata basis in proportion to the schedule of payments made to the
contractor by the disbursing party in accordance with subdivision
(e).
(j) The language of the notice required pursuant to Section
7018.5.
(k) What constitutes substantial commencement of work pursuant to
the contract.
(l) A notice that failure by the contractor without lawful excuse
to substantially commence work within 20 days from the approximate
date specified in the contract when work will begin is a violation of
the Contractors' State License Law.
(m) If the contract provides for a contractor to furnish joint
control, the contractor shall not have any financial or other
interest in the joint control.
A failure by the contractor without lawful excuse to substantially
commence work within 20 days from the approximate date specified in
the contract when work will begin is a violation of this section.
This section shall not be construed to prohibit the parties to a
home improvement contract from agreeing to a contract or account
subject to Chapter 1 (commencing with Section 1801) of Title 2 of
Part 4 of Division 3 of the Civil Code.
The writing may also contain other matters agreed to by the
parties to the contract.
The writing shall be legible and shall be in a form that clearly
describes any other document that is to be incorporated into the
contract. Before any work is done, the owner shall be furnished a
copy of the written agreement, signed by the contractor.
For purposes of this section, the board shall, by regulation,
determine what constitutes "without lawful excuse."
The provisions of this section are not exclusive and do not
relieve the contractor or any contract subject to it from compliance
with all other applicable provisions of law.
A violation of this section by a licensee, or a person subject to
be licensed, under this chapter, or by his or her agent or
salesperson, is a misdemeanor punishable by a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars
($5,000), or by imprisonment in the county jail not exceeding one
year, or by both that fine and imprisonment.
(n) Any person who violates this section as part of a plan or
scheme to defraud an owner of a residential or nonresidential
structure, including a mobilehome or manufactured home, in connection
with the offer or performance of repairs to the structure for damage
caused by a natural disaster, shall be ordered by the court to make
full restitution to the victim based on the person's ability to pay,
as defined in subdivision (e) of Section 1203.1b of the Penal Code.
In addition to full restitution, and imprisonment authorized by this
section, the court may impose a fine of not less than five hundred
dollars ($500) nor more than twenty-five thousand dollars ($25,000),
based upon the defendant's ability to pay. This subdivision applies
to natural disasters for which a state of emergency is proclaimed by
the Governor pursuant to Section 8625 of the Government Code or for
which an emergency or major disaster is declared by the President of
the United States.
SEC. 5. Section 17440.34 of the Business and Professions Code is
amended and renumbered to read:
17550.34. This article shall remain in effect only until January
1, 1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
SEC. 6. Section 17511.12 of the Business and Professions Code is
amended to read:
17511.12. (a) Every telephonic seller shall maintain a bond
issued by a surety company admitted to do business in this state.
The bond shall be in the amount of one hundred thousand dollars
($100,000) in favor of the State of California for the benefit of any
person suffering pecuniary loss in a transaction commenced during
the period of bond coverage with a telephonic seller who violated
this chapter. The bond shall include coverage for the payment of the
portion of any judgment, including a judgment entered pursuant to
Section 17203 or 17535, that provides for restitution to any person
suffering pecuniary loss, notwithstanding whether the surety is
joined or served in the action or proceeding. A copy of the bond
shall be filed with the Consumer Law Section of the Department of
Justice. This bond shall not be required of any cable television
operator franchised or licensed pursuant to Section 53066 of the
Government Code.
(b) (1) At least 10 days prior to the inception of any promotion
offering a premium with an actual market value or advertised value of
five hundred dollars ($500) or more, the telephonic seller shall
notify the Attorney General in writing of the details of the
promotion, describing the premium, its current market value, the
value at which it is advertised or held out to the customer, and the
date the premium shall be awarded. All premiums offered shall be
awarded. The telephonic seller shall maintain an additional bond for
the total current market value or advertised value, whichever is
greater, of the premiums held out or advertised to be available to a
purchaser or recipient. A copy of the bond shall be filed with the
Consumer Law Section of the Department of Justice. The bond shall be
for the benefit of any person entitled to the premium who did not
receive it within 30 days of the date disclosed to the Attorney
General as the date on which the premium would be awarded. The
amount paid to a person under a bond required by this subdivision
shall not exceed the greater of the current market value or
advertised or represented value of the premium offered to that
person. The bond shall include coverage for the payment of any
judgment, including a judgment entered pursuant to Section 17203 or
17535, that provides for payment of the value of premiums that were
not timely awarded, notwithstanding whether the surety is joined or
served in the action or proceeding. The bond shall also provide for
payment upon motion by the Attorney General pursuant to subdivision
(d) in the event the seller fails to provide the Attorney General
with proof of the award of premiums as required in paragraph (2).
(2) Within 45 days after the date disclosed to the Attorney
General for the award of premiums, the seller shall provide to the
Attorney General proof that all premiums were awarded. The proof
shall include the names, addresses, and telephone numbers of the
recipients of the premiums and the date or dates on which the
premiums were awarded. The bond shall be maintained until the seller
files proof with the Attorney General as required by this
subdivision or until payment of the amount of the bond is ordered
pursuant to subdivision (d).
(c) (1) In addition to any other means for the enforcement of the
surety's liability on a bond required by this section, the surety's
liability on the bond may be enforced by motion, as provided in this
subdivision, after a judgment has been obtained against the seller.
(2) The Attorney General, district attorney, city attorney, or any
other person who obtained a judgment for restitution against the
seller, as described in subdivision (a), may file a motion in the
court that entered the judgment to enforce liability on the bond
without first attempting to enforce the judgment against any party
liable under the judgment.
(3) The notice of motion, the motion, and a copy for the judgment
shall be served on the surety as provided in Chapter 5 (commencing
with Section 1010) of Title 14 of Part 2 of the Code of Civil
Procedure. The notice shall set forth the amount of the claim and a
brief statement indicating that the claim is covered by the bond.
Service shall also be made on the Consumer Law Section of the
Department of Justice.
(4) The court shall grant the motion unless (A) the surety
establishes that the claim is not covered by the bond or (B) the
court sustains an objection made by the Attorney General that the
grant of the motion might impair the rights of actual or potential
claimants or is not in the public interest.
(d) (1) In addition to any other means for the enforcement of the
surety's liability on a bond required by subdivision (b), the surety'
s liability on the bond may be enforced by motion as provided in this
subdivision.
(2) The Attorney General, district attorney, city attorney, or any
person who claims the premium, may file a motion in a court of
competent jurisdiction in the county or judicial district from which
the seller made an offer of a premium, in which the seller maintains
any office or place of business, or in which an offeree of the
premium resides. The motion shall set forth the nature of the seller'
s offer, the greater of the current market value or advertised or
represented value of the premium, the date by which the premium
should have been awarded, and the fact that the premium was not
awarded as represented.
(3) The notice of motion and motion shall be served on the surety
as provided in Chapter 5 (commencing with Section 1010) of Title 14
of Part 2 of the Code of Civil Procedure.
(4) The court shall grant the motion unless the surety establishes
that the claim is untrue or is not covered by the bond.
(5) The Attorney General may file a motion in a court of competent
jurisdiction in the county or judicial district from which the
seller made an offer of a premium, or in which an offeree of a
premium resides, for the payment of the entire bond if the seller
fails to file proof with the Attorney General of the award of all
premiums as required by paragraph (2) of subdivision (b). The notice
of motion and motion shall be served as provided in Chapter 5
(commencing with Section 1010) of Title 14 of Part 2 of the Code of
Civil Procedure. The motion shall be granted if the Attorney General
establishes that the seller failed to file proof of making the
timely award of all premiums. The recovery on the bond shall be
distributed pro rata to the promised recipients of the premiums to
the extent their identity is actually known to the Attorney General
at the time payment is made by the surety. The balance of the
recovery shall be paid to any judicially established consumer
protection trust fund designated by the Attorney General or as
directed by the court under the cy pres doctrine.
(e) No stay of a motion filed pursuant to this section shall be
granted pending the determination of conflicting claims among
beneficiaries. An order enforcing liability on a bond may be
enforced in the same manner as a money judgment pursuant to Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure. Nothing herein affects the rights of the surety against
the principal.
(f) The surety shall not be liable on the bond for payment of a
judgment against a seller for any violation of this chapter unless
the action or proceeding is filed within two years after the
cancellation or termination of the bond, the termination of the
seller's registration, or the seller's cessation of business,
whichever is later.
(g) The surety shall not be liable on a motion made pursuant to
subdivision (d) unless the motion is filed within two years of the
date on which the seller represented the premium was to have been
awarded.
(h) For the purpose of this section, "judgment" includes a final
order in a proceeding for the termination of telephone service
pursuant to Public Utilities Commission Tariff Rule 31.
(i) Chapter 2 (commencing with Section 995.010) of Title 14 of
Part 2 of the Code of Civil Procedure shall apply to the enforcement
of a bond given pursuant to this section except to the extent of any
inconsistency with this section, in which event this section shall
apply.
SEC. 7. Section 17539.5 of the Business and Professions Code is
amended to read:
17539.5. (a) For purposes of this section and Sections 17539.55
and 17539.6:
(1) "Broadcast" means the utilization of radio, television, home
videos, movie screens, telephones, or other medium that does not
automatically provide the prospective consumer with a printed or
written document he or she can read at leisure.
(2) "Caller" means a telephone user or end user who calls or may
call an information-access service or who receives a telephonic
solicitation that results in the recipient being connected to an
information-access service.
(3) "Carrier" means any regional telephone operating company,
interexchange carrier, or local exchange telephone company that
provides telecommunications transmission services.
(4) "Incentive" means any item or service of value, however
denominated, including, but not limited to, any prize, award, gift,
or money, or any coupon that can be used in whole or in part to
obtain a product or service.
(5) "Information provider" means a person who advertises or sells
an information-access service and on whose behalf charges are billed.
(6) "Information-access service" means any telecommunications
service that permits individuals to access a telephone number, and
for which the caller is assessed, by virtue of placing or completing
the call, a charge that is greater than, or in addition to, the
charge for the transmission of the call. Information-access service
includes, but is not limited to, telephone numbers with the prefix
900 or 976.
(7) "900 number" means any prefixed telephone number used for
information-access service and includes, but is not limited to,
telephone numbers with the prefix 900 or 976.
(8) "Prize" means any item of value given to winners in a
sweepstakes who have been selected on the basis of lot or chance.
(9) "Program" means the audio message that the caller hears or
receives upon placing or receiving a call and being connected to an
information-access service.
(10) "Sell an information service" means to attempt to cause a
caller to act in such a manner as to cause that caller to be charged
for utilizing an information-access service.
(11) "Solicitation" includes all forms of solicitation for
information-access services, including, but not limited to, mailings,
advertisements in newspapers and magazines, advertisements broadcast
by radio or television, advertisements contained in home videos or
appearing on movie screens, and telephone solicitations.
"Solicitation" does not include simple listings in telephone
directories provided those listings are not accompanied by any
advertising text.
(12) "Sweepstakes" means any procedure for the distribution of
anything of value by lot or by chance that is not unlawful under
other provisions of law including, but not limited to, the provisions
of Section 320 of the Penal Code. Nothing contained in this section
shall be deemed to render lawful any activity that otherwise would
violate Section 320 of the Penal Code.
(b) It is unlawful for any person to engage in any of the
following acts in order to encourage any caller to utilize an
information-access service:
(1) Soliciting callers by use of an automatic dialing device or a
live or recorded outbound telephone message.
(2) Utilizing signals or tones provided directly or indirectly by
the information provider to access the information-access service.
(3) Requiring callers to call more than one 900 number or to
require calling the same 900 number more than one time in order to
receive goods or services represented in the initial solicitation.
(4) Utilizing a telephone number other than a 900 number from
which a caller can be automatically connected to the
information-access service.
(5) Soliciting callers to call a telephone number other than a 900
number, including, but not limited to, an 800 telephone number, when
the caller who calls that other number will be referred to a 900
number unless all solicitations for the initial information-access
program clearly and conspicuously disclose that a referral will be
made and the cost to the caller for calling the 900 number to which
the caller will be referred.
(6) Soliciting callers to call a number other than a 900 number,
including, but not limited to, an 800 telephone number, when the
caller who calls that number will be asked to accept one or more
collect calls unless all solicitations clearly and conspicuously
disclose that the caller will be asked to accept one or more collect
calls and the cost to the caller for accepting the collect calls.
The cost shall be described as cost per minute and cost per hour.
(7) Referring a caller from one 900 number to another 900 number
unless all solicitations for the initial information-access program
clearly and conspicuously disclose that a referral will be made and
the cost to the caller for calling the 900 number to which the caller
will be referred.
(8) Advertising that the information-access service is free.
(9) Using any printing style, graphic, layout, text, color, or
format which states or implies that the solicitation originates from,
or was issued by or on behalf of a governmental agency, a public
utility, a nonprofit organization, an insurance company, a credit
reporting agency, a collection company, or a law firm unless the same
is true.
(c) It is unlawful for any person to solicit or sell an
information-access service unless the following information is
clearly and conspicuously disclosed in all solicitations:
(1) An accurate description of the information-access
service.
(2) The name, address, and non-900 telephone number of the
information provider.
(3) The cost of the call, which shall be disclosed as follows:
(A) If the call is billed at a fixed rate, the total cost of the
call.
(B) If the call is billed on a usage sensitive basis, the cost per
minute or other unit of time, and including:
(i) In broadcast solicitations, the average cost of the call.
(ii) In print solicitations, the average cost or length of the
call, except that print solicitations directed to persons in this
state shall disclose the average cost of the call.
(C) Solicitations in which the length of the program cannot
reasonably be determined because the length of the program depends
upon the skill of, or the selections or responses made by, the
caller, shall be exempt from the cost disclosure provisions of this
paragraph.
(D) Solicitations that are oral shall include a voice announcement
of the cost of the call in clear and understandable language that is
clearly audible and articulated at a volume equal to that used to
announce the 900 number. The cost of the call shall be stated
immediately prior to or immediately after the 900 number is stated.
(E) Solicitations that are broadcast visually shall include, in
clear, visible, easily readable, and conspicuously presented letters
and numbers, set against a contrasting background, the cost of
calling the 900 number. The visual disclosure of the cost of the
call shall be displayed directly above, below, or adjacent to the
number to be called whenever the number is displayed in the
commercial. The visual disclosure of the cost of the call shall be a
distinct disclosure and shall not be combined in the same paragraph
with any other disclosure required to be made pursuant to this
section. The lettering of the visual disclosure shall be no less
than 18 scan lines high and shall be displayed for as long as the
number is displayed. Broadcast solicitations shall also include a
voice announcement of the cost of the call in clear and
understandable language that is clearly audible and articulated at a
volume equal to that used to announce the 900 number. The cost of
the call shall be stated immediately prior to or after the 900 number
is stated.
(F) Solicitations that appear in print shall include, in clear,
visible, easily readable, and conspicuously presented letters and
numbers, the cost of calling the 900 number. The printed disclosure
of the cost of the call shall be displayed directly above, below, or
adjacent to the number. The lettering of the cost disclosure shall
be in no less than 10-point type.
(4) If the information-access service is aimed at or likely to be
of interest to minors, solicitations that appear in print shall
contain a statement, in at least the same size print as that used to
disclose the 900 number, that persons under the age of 18 years
should obtain parental consent before calling. If the solicitation
is through a broadcast, this statement shall be of the same
audibility as that used to disclose the 900 number.
(d) It shall be unlawful for any person to solicit or sell an
information-access service that offers the person being solicited the
opportunity to participate in a sweepstakes unless:
(1) There is available, to all persons who are solicited, a free
alternative method of participating that provides all participants
with an equal chance of winning. No information-access service shall
offer a sweepstakes to consumers in this state in which a person
calling a 900 number will receive any benefit beyond that received by
a person who utilizes an alternative method of entry into the
sweepstakes. The free alternative method of entry shall be clearly
and conspicuously disclosed in the following manner:
(A) Solicitations that are broadcast visually shall include a
visual disclosure of the alternate method of entry. The disclosure
that one can enter without calling the 900 number and instructions on
how one may so enter shall be displayed in close proximity to the
900 number on a static screen against a clean and contrasting
background. The lettering of the visual disclosure shall be made in
clear, visible, easily readable, and understandable text, shall be no
less than 18 scan lines, and shall be displayed for a period of time
sufficient to allow a consumer to copy the information. The visual
disclosure of the alternate method of entry shall be distinct and
shall not be combined in the same paragraph with any other disclosure
required to be made pursuant to this section. Solicitations that
are broadcast orally shall include an oral disclosure of the
alternate method of entry. The disclosure that one can enter for
free and how one may so enter shall be made in clear and
understandable language that is clearly audible and articulated at a
volume equal to that used to announce the 900 number and for a period
of time sufficient to allow a consumer to copy the information. The
oral disclosure shall be made in close proximity to the 900 number.
All broadcast solicitations shall include, in addition to the oral
or visual disclosure described above, an oral statement that no
telephone call is required to enter the sweepstakes.
(B) For print solicitations, the disclosure of the existence of
the alternate method of entry and detailed instructions on how one
may so enter shall be made in clear, visible, and easily readable
text in close proximity to the 900 number to be called. The
lettering of the disclosure shall be of a size no less than the
predominant type size used in the main text of the solicitation and
shall not be obscured by any other printed or graphic matter in the
solicitation.
(2) If the alternate method of entry is by mail, any associated
fulfillment that the solicitation represents will be sent to persons
who respond by mail shall be completed within 21 days, and the
solicitation may not represent that the time for fulfillment of
mail-in requests is any longer than the information provider
reasonably anticipates it will take to fulfill, which shall, in no
event, exceed 21 days.
(3) If the alternate method of entry is by mail, and entrants in
this state are required to submit a self-addressed envelope to
receive any associated fulfillment that the solicitation represents
will be sent to persons who respond by mail, entrants shall not be
required to affix return postage to their self-addressed envelope.
(4) Minors are excluded from participation.
(5) The information provider provides a full refund to any caller
who requests one upon submission by the caller of proof of payment of
the telephone charges, provided that if the caller has not
previously requested a refund for the same information-access service
call, no proof of payment is required.
(6) The amount or value of each prize awarded is not dependent on
the number of entries received.
(7) The information provider obtains unrestricted title or the
right to vest title in all prizes prior to the commencement of the
sweepstakes.
(8) A list of the winners of all major prizes is made available to
any person requesting that list and the solicitation contains an
address where a person may request a list of the winners. The names
and addresses of the winners shall be available to the Attorney
General upon request within 30 days after the selection of winners
and shall be maintained for a period of not less than three years.
(9) All major prizes shall be awarded. Major prizes that are not
claimed by those who have been solicited shall be awarded in a
subsequent drawing from the names of all who responded to the
solicitation but did not receive a major prize. This drawing shall
take place not later than 30 days after the deadline for responding
to the solicitation. For purposes of this section, a major prize is
a prize with a substantial cash value.
(10) A deadline by which the recipient of the solicitation must
respond is clearly and conspicuously disclosed.
(11) The disclosed deadline provides those solicited with at least
two weeks within which to respond.
(12) The solicitation discloses any material restrictions or
conditions that must be satisfied before the recipient is entitled to
receive any prize offered.
(13) The solicitation contains a description of how the winner of
each prize mentioned is selected.
(e) Solicitations made to persons in this state offering the
opportunity to participate in a sweepstakes shall, with respect to
each prize offered, set forth clearly, conspicuously, and in easily
readable letters the odds of receiving that prize, described in whole
Arabic numerals in a format such as: "1 chance in 100,000" or
"1:100,000." If the odds depend upon the number of entries and the
number of persons solicited is controlled by the sponsor of the
promotion, the solicitation shall set forth the reasonable
expectation of entries. If the odds depend upon the number of
entries received and the number of persons solicited is not
controlled by the sponsor of the sweepstakes, a statement to the
effect that the odds depend on the number of entries received shall
be sufficient. If more than one prize is offered, the odds shall be
separately stated for each prize. The disclosure required to be made
pursuant to this subdivision shall be made immediately adjacent to
the first identification of the prize to which it relates or in a
separate section entitled "Consumer Disclosure" or "Official Rules."
These titles shall be printed in no less than 10-point boldface
type. The consumer disclosure section shall be clearly and
conspicuously disclosed in the solicitation. There shall be a
statement referring the recipient of the solicitation to the consumer
disclosure section in the main text of the solicitation in close
proximity to the description of the prizes, and the odds shall be
disclosed within the top 25 percent of the consumer disclosure
section. If the consumer disclosure section does not appear on the
same page as the statement referring the recipient of the
solicitation to this section, the statement shall indicate where the
consumer disclosure section is located. If the odds appear in the
section entitled "Consumer Disclosure" or "Official Rules," there
shall be a clear and conspicuous statement in the main text of the
solicitation in close proximity to the description of the prizes that
the odds to the recipient of obtaining the prize or prizes will be
found elsewhere, and the statement shall set forth where they will be
found. It is not a violation of this section to reference the
official rules and the odds in the same statement as long as the
statement referencing the official rules and the odds is in the main
text of the solicitation in close proximity to the description of the
prizes. For example, a statement such as: "See official rules (on
(reference to location of rules if not on same page)) for odds and
other details" or a similar statement meets the requirements of this
provision. This provision shall not apply to broadcast solicitations
for sweepstakes in which the winners will be selected in a random
drawing in which the odds depend on the number of entries received,
provided that those solicitations shall disclose where the official
rules are available and the official rules shall set forth the odds
of winning in accordance with this subdivision.
(f) If more than one prize is listed in a solicitation for an
information-access service that offers the opportunity to participate
in a sweepstakes, the prizes shall be listed in descending order of
retail value.
(g) If any incentive is offered in a solicitation for an
information-access service, the solicitation shall clearly and
conspicuously disclose all restrictions, qualifications, and
deadlines that must be complied with in order to obtain the incentive
being offered.
(h) No person soliciting callers for an information-access service
shall represent directly or by implication that the person being
solicited is part of a significantly limited group selected to
receive an incentive, unless that is true and the number of
recipients who will be receiving the solicitation is clearly and
conspicuously set forth in the solicitation.
(i) No person soliciting callers for an information-access service
shall state or imply that the person being solicited has already
been chosen to receive a prize in a sweepstakes, will receive one or
more of several listed prizes, or may receive one or more of several
listed prizes, unless:
(1) The disclosed deadline in the solicitation is not more than
six months after the first solicitation for participation, provided,
however, that this subdivision shall not apply to random draw
contests where the solicitation makes it clear that no participant
has yet been chosen as the "winner" and the drawing date is clearly
and conspicuously disclosed.
(2) No further solicitations for participation in a particular
sweepstakes is disseminated after the top prize listed in the
solicitation has been claimed. A drawing pursuant to paragraph (9)
of subdivision (d) shall thereafter be conducted to award any
unclaimed prizes.
(j) It is unlawful for any person to solicit or sell an
information-access service to any person in the following manner:
(1) The solicitation offers to persons in this state who respond
to the solicitation by calling a 900 number any incentive that:
(A) Requires the recipient to purchase goods or services from the
information provider in order to utilize the incentive, provided,
however, that this subparagraph does not apply to offers where the
incentive is a "cents-off" coupon that is usable only for the
purchase of the offeror's own brand name product or products, the
total value of the "cents-off" coupon offered is clearly and
conspicuously disclosed in the offer, the total value of the
"cents-off" coupon does not exceed five dollars ($5), the "cents-off"
coupon is to be utilized to reduce the price of those products at
retail stores in the recipient's area, and at least 60 percent of the
revenue per month of the offeror is derived from the sale of the
product or products being purchased without the use of the "cents-off"
coupons.
(B) Requires the recipient to purchase goods or services from any
third party in order to utilize the incentive unless:
(i) The fact that a purchase or payment is required in order to
utilize the incentive is disclosed in the solicitation.
(ii) A representative sample of the establishments at which the
incentive may be redeemed is disclosed in the solicitation.
(iii) If the incentive entitles the recipient to save money on the
purchase of goods or services, the incentive is described as a
cents-off, discount coupon, or similar term that clearly indicates
that it is redeemable only for savings on purchases of goods or
services.
(2) The solicitation states or implies that the caller is likely
to receive one of the prizes offered, by representing in the
solicitation that other named persons have already won the other
prizes being offered in the solicitation and that the recipient of
the solicitation is therefore likely to receive the prize that has
not been won by the other persons named in the solicitation, unless
the recipient's odds of receiving the remaining prize are clearly and
conspicuously disclosed in the solicitation in close proximity to
the list of the other named persons.
(k) Nothing contained in this section shall be deemed to render
lawful any activity that otherwise would violate Section 17537.
(l) No information-access service shall offer a game of skill in
which the cost of the call is billed on a usage sensitive basis and
in which answers to multiple choice questions of increasing
difficulty are required in order to win, unless the solicitation
clearly and conspicuously discloses the percentage of contestants
anticipated to answer all questions correctly based on prior
experience or, if the game is being operated for the first time,
based on a good faith estimate.
(m) This section does not apply to a regional telephone operating
company, interexchange carrier, or local telephone company operating
in those capacities, that in good faith telecommunicates an
information-access program without knowledge that the program or
related advertising violates any provision of this section, Section
17539.55, or Section 17539.6.
(n) Neither this section, Section 17539.55, nor Section 17539.6
applies to the California State Lottery.
SEC. 8. Section 17540.59 of the Business and Professions Code is
amended and renumbered to read:
17550.59. This article shall remain in effect only until January
1, 1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
SEC. 9. Section 19601 of the Business and Professions Code is
amended to read:
19601. (a) Notwithstanding any other provision of law, a licensed
association or fair that is conducting a live meeting in any racing
zone may accept wagers on any race conducted in this state, if all of
the following requirements are met:
(1) The association or fair that conducts the race and the
association or fair that accepts wagers on that race have executed an
agreement providing for the conditions for transmission of the
audiovisual signal of the race and the amount of compensation, if
any, to be paid to the association or fair conducting the transmitted
race.
(2) The association or fair that conducts the racing meeting and
the organization that is responsible for negotiating purse
agreements, satellite wagering agreements, and all other business
agreements on behalf of the horsemen participating in that racing
meeting consent to the acceptance of the wagers. However, if consent
is withheld, any party may appeal the withholding of consent to the
board, which may determine that consent is not required.
(3) The association or fair conducts not less that eight races on
days when the association or fair is licensed to conduct racing,
except that fewer than eight live races per day may be conducted by
the mutual agreement of the association or fair and the organization
that is responsible for negotiating purse agreements, satellite
wagering agreements, and all other business agreements on behalf of
the horsemen participating in the racing meeting.
(4) Wagering is offered only within the association's or fair's
racing inclosure or within the satellite wagering facility and only
within seven days of the commencement of the racing program with the
transmitted race.
(5) All wagers are included in the appropriate parimutuel pool at
the racetrack of the association or fair where the race is conducted,
or, at the election of the parties to the agreement required by
paragraph (1), in the appropriate parimutuel pool of the racetrack of
the association or fair that accepts the transmitted race.
(6) The association or fair accepting wagers on an out-of-zone
transmitted race distributes the audiovisual signal of the race to,
and accepts wagers from, all eligible satellite wagering facilities.
(b) Any association or fair accepting wagers under subdivision (a)
shall deduct, from the total amount handled in each conventional and
exotic parimutuel pool on the transmitted race, the same percentages
deducted pursuant to Article 9.5 (commencing with Section 19610) for
races at its own meeting. However, if the wagers are from a quarter
horse race meeting, then the amounts deducted shall be the same as
for a quarter horse race meeting. Amounts deducted under this
section, including amounts deducted from wagers on out-of-zone races
within the inclosure of the association or fair, shall be distributed
as provided under Section 19605.7 with respect to wagers made within
the northern zone, or Section 19605.71 with respect to wagers made
within the central or southern zone, except that amounts distributed
for purposes other than state license fees and fees payable to the
Equine Research Laboratory, School of Veterinary Medicine, University
of California at Davis, and the California Diagnostic Veterinary Lab
System shall be proportionally reduced by the amount of any fees
paid as compensation to the association or fair conducting the
transmitted race pursuant to subdivision (c). The method used to
calculate the reduction in proportionate share shall be approved by
the board. For wagers on out-of-zone races made within the
association's or fair's inclosure, the percentage amount normally
distributed as a satellite wagering facility commission, less any pro
rata reduction required by this subdivision, shall be distributed
instead as additional commissions and purses pursuant to Section
19605.8. Additionally, for all wagers on out-of-zone races, the
percentage amount normally distributed for promotion of the program
at satellite wagering facilities, less any pro rata reduction
required by this subdivision, shall be distributed instead as
additional commissions and purses pursuant to Section 19605.8.
(c) Nothing in this section precludes an association or fair from
charging a fee as a condition of transmitting its races to another
zone, except that any fee shall be allocated among all associations,
fairs, and satellite wagering facilities receiving the transmitted
race in proportion to the amount wagered at each location, and the
fee shall not exceed 2.5 percent of the total amount wagered on each
out-of-zone race. Any fees received by the association or fair that
conducts the transmitted race shall be divided equally between
commissions to the association or fair conducting the out-of-zone
race and purses to horsemen that participate in the association's or
fair's racing meeting.
(d) All breakage and unclaimed tickets, including unclaimed
refunds, on wagers on out-of-zone races shall be distributed equally
between the association or fair that accepts wagers on the
transmitted race, and the horsemen, in the form of purses, who
participate in the racing meeting of the association or fair that
accepts wagers on the transmitted race.
(e) All wagers made pursuant to this section shall be considered
to have been wagered at a satellite wagering facility and shall be
excluded from total handle for the purposes of Section 19611.
(f) Notwithstanding Section 19530.5, satellite wagering facilities
operated by a county fair, district agricultural association fair,
or citrus fruit fair in the Counties of Kern, Fresno, or Tulare shall
be considered northern zone facilities and shall receive their
audiovisual signal from the association or fair conducting a racing
meeting in the northern zone that is authorized to distribute the
signal and accept wagers on central and southern zone races.
Satellite wagering facilities operated by a county fair, district
agricultural association, or citrus fruit fair in the Counties of
Santa Barbara or Ventura shall be considered central-southern zone
facilities and shall receive the audiovisual signal from the
association or fair conducting a racing meeting in the central or
southern zone that is authorized to distribute the signal and accept
wagers on central and southern zone races.
(g) All purse moneys derived from wagering on out-of-zone races at
fair racing meetings conducted shall be distributed to all breeds of
horses participating in the fair meeting in direct proportion to the
purse money generated by breed on live races conducted during the
fair race meeting.
(h) During calendar periods when both a fair and a thoroughbred
association conduct live racing, the thoroughbred association shall
be the association authorized to distribute the signal and accept
wagers on out-of-zone races. The amounts deducted under this section
shall be distributed on any day of overlap as provided in Section
19607.5 subject to the agreements specified in paragraph (1) of
subdivision (a), except that the applicable state license fee shall
be at the rate or rates specified for nonfair meetings in subdivision
(b) of Section 19605.7.
(i) During calendar periods when a thoroughbred association and
any other breed association are conducting a racing meeting in the
same zone, the thoroughbred association shall be the association
authorized to distribute out-of-zone thoroughbred or fair races,
except that the thoroughbred association may waive this right and
allow the other breed racing association conducting a race meeting to
distribute the signal and accept wagers on out-of-zone thoroughbred
or fair races for any racing day or days. For the purposes of this
subdivision, the combined central and southern zone shall be
considered one zone.
(j) In order to encourage additional intrastate simulcasting,
maximize state revenues, and further the purposes of this section,
the board may adopt regulations to ensure that all horseracing
programs conducted within the state are exposed to the maximum number
of racing fans. The regulations may include, but are not limited
to, the following:
(1) Establishing a minimum number of out-of-zone races that must
be accepted by associations and fairs that contract to accept
out-of-zone wagers pursuant to subdivision (a).
(2) Requiring associations, fairs, and satellite wagering
facilities to present out-of-zone audiovisual signals to racing fans
in substantially the same manner as in-zone signals are presented.
(3) Giving racing fans the opportunity to make wagers on
out-of-zone racing programs at all parimutuel terminals where wagers
on in-zone races are accepted.
SEC. 10. Section 19602 of the Business and Professions Code is
amended to read:
19602. (a) Notwithstanding any other provision of law, any racing
association in this state may authorize betting systems located
outside of this state to accept wagers on a race or races conducted
or disseminated by that association and may transmit live audiovisual
signals of the race or races and their results to those betting
systems, except that any authorization is subject to the consent of
the host association and applicable federal laws, including, but not
limited to, Chapter 57 (commencing with Section 3001) of Title 15 of
the United States Code.
(b) (1) Except as provided in paragraph (2), any racing
association described in subdivision (a), when it authorizes betting
systems located outside of this state to accept wagers on a race,
shall pay a license fee to the state in an amount equal to 8 percent
of the total amount received by the association from the out-of-state
betting system. In addition, with respect to thoroughbred racing
only, 3 percent of the amount remaining after the payment of the
license fee shall be
deposited with the official registering agency pursuant to
subdivision (a) of Section 19617.2, and shall thereafter be
distributed in accordance with subdivisions (b) and (c) of Section
19617.2. The remaining amount received by the association shall be
distributed to the association that conducts the racing meeting and
to horsemen participating in that racing meeting as follows: 50
percent to the association as commissions, and 50 percent to the
horsemen as purses. All rents, costs, and fees shall be deducted
pursuant to a contract between the association that conducts the
racing meeting and the horsemen participating in the racing meeting.
Notwithstanding any other provision of law, racing associations may
form a partnership, joint venture, or any other affiliation in order
to negotiate terms and conditions of agreements with out-of-state
betting systems.
(2) A thoroughbred association that hosts the series of races
known as the "Breeder's Cup" shall not be required to pay to the
state the license fees required pursuant to paragraph (1). Amounts
received by the association from out-of-state betting systems as
wagers on Breeder's Cup races shall be distributed as follows: 50
percent as commissions to the association that conducts the racing
meeting, and 50 percent as purses to the horsemen participating in
the meeting.
(c) With the permission of the board, wagers accepted by betting
systems located outside of this state may be, but are not required to
be, included in the parimutuel pool of the association that conducts
the racing meeting in this state. If the wagers accepted by betting
systems located outside of this state are included in the parimutuel
pool of the association that conducts the racing meeting in this
state, the betting system located outside of this state shall, if
permissible under applicable law, deduct from the total amount
handled in each conventional and exotic parimutuel pool the same
total percentages deducted pursuant to Article 9.5 (commencing with
Section 19610) by the association that conducts the racing meeting in
this state. If the laws of the jurisdiction in which the betting
system is located do not permit the betting system to deduct the same
percentages as are deducted by the association that conducts the
racing, the board may, nonetheless, permit the inclusion of those
out-of-state wagers in the association's parimutuel pool if the board
determines it to be in the public interest of this state to do so.
(d) If wagers accepted by an association conducting racing within
the state and wagers accepted by a betting system located outside of
the state are combined in one parimutuel pool and the association and
the betting system both deduct the same total percentages as set
forth in subdivision (c), the breakage shall be allocated between the
association and the betting system on the basis of a calculation for
distribution approved by the board.
(e) If wagers accepted by an association conducting racing within
the state are combined in one parimutuel pool with wagers accepted by
a betting system located outside the state and the association and
the betting system deduct different percentages from the amount
handled in the parimutuel pool, the precise calculation and
distribution of payments on winning tickets and breakage between the
association and the betting system shall be on the basis of a
calculation for distribution approved by the board.
(f) The board shall report to the Department of Finance whenever
it approves a calculation for distribution pursuant to subdivision
(d) or (e) and the projected impact of that calculation, if any, on
state revenues.
(g) Breakage allocated pursuant to this section to an association
conducting racing within this state shall be distributed in the same
manner as would be breakage arising from wagers at the association in
the absence of a combined parimutuel pool. This section does not
apply to the disposition of breakage allocated to the betting system
located outside of the state.
(h) If wagers accepted by a betting system located outside of this
state are included in the parimutuel pool of an association
conducting racing in this state, funds in the parimutuel pool
attributable to unclaimed tickets relating to wagers accepted by the
association conducting racing within the state shall be distributed
in the same manner as unclaimed tickets relating to wagers accepted
by that association in the absence of a combined parimutuel pool.
Funds in the parimutuel pool attributable to unclaimed tickets
related to wagers accepted by the betting system located outside of
this state shall be allocated to that betting system, and this
section does not otherwise apply to the disposition of those funds at
that location outside of the state.
SEC. 11. Section 21672 of the Business and Professions Code is
amended to read:
21672. (a) Any person, or agent thereof, who knowingly
manufactures, produces, or distributes unlicensed or counterfeit
sports trading cards with the intent to deceive, injure, or defraud
another, is guilty of a misdemeanor.
Any person, or agent thereof, who violates this subdivision shall
do both of the following:
(1) Refund to the buyer the full amount paid for the unlicensed or
counterfeit sports trading card or the full retail value of any
nonmonetary consideration received in exchange for the unlicensed or
counterfeit sports trading card, or both.
(2) Be liable to the buyer for a civil penalty not to exceed one
thousand dollars ($1,000) for each violation. Each card sold
represents a separate and distinct violation.
(b) Any person who knowingly sells a cut, unlicensed sports
trading card that has been produced by cutting the card from a
publication in which unlicensed sports trading cards are bound,
without disclosing the source and the means of producing the card,
with the intent to deceive, injure, or defraud another, is guilty of
a misdemeanor.
Any person who violates this subdivision shall do both of the
following:
(1) Refund to the buyer the full consideration paid or furnished
for the cut, unlicensed sports trading card.
(2) Be liable to the buyer for a civil penalty not to exceed one
thousand dollars ($1,000) for each violation. Each card sold
represents a separate and distinct violation.
This subdivision does not apply to a sports trading card that is
excluded from the definition of "unlicensed sports trading card"
pursuant to subdivision (d) of Section 21670 of the Business and
Professions Code by reason of being bound in a publication.
SEC. 12. Section 23958.4 of the Business and Professions Code is
amended to read:
23958.4. (a) For purposes of Section 23958, "undue concentration"
means the case in which the applicant premises for an original or
premises-to-premises transfer of any retail license are located in an
area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting
district that has a 20 percent greater number of reported crimes, as
defined in subdivision (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
(2) As to on-sale retail license applications, the ratio of
on-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of on-sale retail licenses to population in the county in which
the applicant premises are located.
(3) As to off-sale retail license applications, the ratio of
off-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of off-sale retail licenses to population in the county in
which the applicant premises are located.
(b) Notwithstanding Section 23958, the department may issue a
license as follows:
(1) With respect to a nonretail license, a retail on-sale bona
fide eating place license, a retail license issued for a hotel,
motel, or other lodging establishment, as defined in subdivision (b)
of Section 25503.16, a retail license issued in conjunction with a
beer manufacturer's license, or a winegrower's license, if the
applicant shows that public convenience or necessity would be served
by the issuance.
(2) With respect to any other license, if the local governing body
of the area in which the applicant premises are located determines
that public convenience or necessity would be served by the issuance.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
unincorporated area of a county) that are identified by the local law
enforcement agency in the compilation and maintenance of statistical
information on reported crimes and arrests.
(2) "Reported crimes" means the most recent yearly compilation by
the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Finance.
(5) "Retail licenses" shall include the following:
(A) Off-sale retail licenses: Type 20 (off-sale beer and wine)
and Type 21 (off-sale general).
(B) On-sale retail licenses: All retail on-sale licenses, except
Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and
wine for fishing party boat), Type 45 (on-sale beer and wine for
boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale
general for train and sleeping car), Type 54 (on-sale general for
boat), Type 55 (on-sale general for airplane), Type 56 (on-sale
general for vessels of more than 1,000 tons burden), and Type 62
(on-sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement).
(6) A "premises to premises transfer" refers to each license being
separate and distinct, and transferable upon approval of the
department.
(d) For purposes of this section, the number of retail licenses in
the county shall be determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29,
1992, whose premises were destroyed or rendered unusable as a result
of the civil disturbances occurring in Los Angeles from April 29 to
May 2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply if the premises have been
licensed and operated with the same type license within 90 days of
the application.
SEC. 13. Section 24200 of the Business and Professions Code is
amended to read:
24200. The following are the grounds that constitute a basis for
the suspension or revocation of licenses:
(a) When the continuance of a license would be contrary to public
welfare or morals. However, proceedings under this subdivision are
not a limitation upon the department's authority to proceed under
Section 22 of Article XX of the California Constitution.
(b) Except as limited by Chapter 11 (commencing with Section
24850) and Chapter 12 (commencing with Section 25000), the violation
or the causing or permitting of a violation by a licensee of this
division, any rules of the board adopted pursuant to Part 14
(commencing with Section 32001) of Division 2 of the Revenue and
Taxation Code, any rules of the department adopted pursuant to the
provisions of this division, or any other penal provisions of law of
this state prohibiting or regulating the sale, exposing for sale,
use, possession, giving away, adulteration, dilution, misbranding, or
mislabeling of alcoholic beverages or intoxicating liquors.
(c) The misrepresentation of a material fact by an applicant in
obtaining a license.
(d) The plea, verdict, or judgment of guilty, or the plea of nolo
contendere to any public offense involving moral turpitude or under
any federal law prohibiting or regulating the sale, exposing for
sale, use, possession, or giving away of alcoholic beverages or
intoxicating liquors or prohibiting the refilling or reuse of
distilled spirits containers charged against the licensee.
(e) Failure to take reasonable steps to correct objectionable
conditions on the licensed premises, including the immediately
adjacent area that is owned, leased, or rented by the licensee, that
constitute a nuisance, within a reasonable time after receipt of
notice to make those corrections from a district attorney, city
attorney, county counsel, or the department, under Section 373a of
the Penal Code. For the purpose of this subdivision only, "property
or premises" as used in Section 373a of the Penal Code includes the
area immediately adjacent to the licensed premises that is owned,
leased, or rented by the licensee.
(f) Failure to take reasonable steps to correct objectionable
conditions that occur during business hours on any public sidewalk
abutting a licensed premises and constitute a nuisance, within a
reasonable time after receipt of notice to correct those conditions
from the department. This subdivision shall apply to a licensee only
upon written notice to the licensee from the department. The
department shall issue this written notice upon its own
determination, or upon a request from the local law enforcement
agency in whose jurisdiction the premises are located, that is
supported by substantial evidence that persistent objectionable
conditions are occurring on the public sidewalk abutting the licensed
premises. For purposes of this subdivision:
(1) "Any public sidewalk abutting a licensed premises" means the
publicly owned, pedestrian-traveled way, not more than 20 feet from
the premises, that is located between a licensed premises, including
any immediately adjacent area that is owned, leased, or rented by the
licensee, and a public street.
(2) "Objectionable conditions that constitute a nuisance" means
disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public
urination, lewd conduct, drug trafficking, or excessive loud noise.
(3) "Reasonable steps" means all of the following:
(A) Calling the local law enforcement agency. Timely calls to the
local law enforcement agency that are placed by the licensee, or his
or her agents or employees, shall not be construed by the department
as evidence of objectionable conditions that constitute a nuisance.
(B) Requesting those persons engaging in activities causing
objectionable conditions to cease those activities, unless the
licensee, or his or her agents or employees, feel that their personal
safety would be threatened in making that request.
(C) Making good faith efforts to remove items that facilitate
loitering, such as furniture, except those structures approved or
permitted by the local jurisdiction. The licensee shall not be
liable for the removal of those items that facilitate loitering.
(4) When determining what constitutes "reasonable steps," the
department shall consider site configuration constraints related to
the unique circumstances of the nature of the business.
(g) Subdivision (f) does not apply to a bona fide public eating
place, as defined in Section 23038, that is so operated by a retail
on-sale licensee; a hotel, motel, or similar lodging establishment,
as defined in subdivision (b) of Section 25503.16; a wine growers
license; a licensed beer manufacturer, as defined in Section 23357;
those same or contiguous premises for which a retail licensee
concurrently holds an off-sale retail beer and wine license and a
beer manufacturer's license; or those same or contiguous premises at
which an on-sale licensee who is licensed as a bona fide public
eating place as defined in Section 23038, a hotel, motel, or similar
lodging establishment as defined in subdivision (b) of Section
25503.16, a licensed beer manufacturer, as defined in Section 23357,
or a wine growers license, sells off-sale beer and wine under the
licensee's on-sale license.
SEC. 14. Section 25503.15 of the Business and Professions Code is
amended to read:
25503.15. (a) Notwithstanding any other provision of this
division, a winegrower who manufactures, produces, bottles,
processes, imports, or sells wine only, or any officer, director, or
agent of that person, may hold the ownership of any interest in any
on-sale license, or the business conducted under that license,
provided that the person or the officer, director, or agent of that
person, shall have entered into an undertaking approved by the
department stating both of the following:
(1) That neither that person nor any officer, director, or agent
of that person shall sell or furnish to the holder of the license any
wine, or permit the sale pursuant to that license of any wine,
manufactured, produced, bottled, processed, imported, or sold by that
person or that person's principal for as long as that ownership
continues.
(2) That neither that person nor any officer, director, or agent
of that person shall enter into any collusive scheme whereby he or
she unfairly sells or promotes, in his or her on-sale businesses, the
wine of another winegrower who manufactures, produces, bottles,
processes, imports, or sells wine only, in return for his or her wine
being unfairly sold or promoted in the on-sale businesses of that
winegrower.
(b) Notwithstanding any other provision of this division, any
licensed winegrower or any officer, director, or agent of that
person, may hold, directly or indirectly, the ownership of any
interest in an on-sale license, provided that each of the following
conditions is met:
(1) The on-sale licensed premises are licensed as a bona fide
public eating place as defined in Section 23038, or as a bona fide
bed and breakfast inn as defined in Section 24045.11.
(2) The on-sale licensed premises purchases all alcoholic
beverages sold and served at the on-sale licensed premises only from
California wholesale licensees, unless one of the following
conditions is met:
(A) The wine purchased is produced or bottled by, or produced and
packaged for, the same licensed winegrower that holds an interest in
the on-sale license.
(B) The wine is produced or bottled by, and is purchased from, a
licensed winegrower who sells no more than 125,000 gallons of wine
per year for distribution in this state under all brands or trade
names owned by that winegrower.
(C) The wine is purchased by an on-sale licensee in whose on-sale
license a licensed winegrower holds an interest, provided that the
winegrower sells no more than 125,000 gallons of wine per year for
distribution in this state under all brands or trade names owned by
that winegrower.
(3) The licensed winegrower and any officer, director, or agent of
that person, whether individually or in the aggregate, do not sell
and serve the wine products produced or bottled under any brand or
trade name owned by that winegrower through more than two on-sale
licensed premises in which any of them holds an ownership interest.
(4) The number of wine items by brand offered for sale by the
on-sale licensed premises that are produced, bottled, processed,
imported, or sold by the licensed winegrower or by any person holding
any interest in the winegrower does not exceed 15 percent of the
total wine items by brand listed and offered for sale in the licensed
bona fide public eating place selling and serving that wine. This
paragraph does not apply to a bona fide bed and breakfast inn.
(c) The Legislature finds that it is necessary and proper to
require a separation between manufacturing interests, wholesale
interests, and retail interests in the production and distribution of
alcoholic beverages in order to prevent suppliers from dominating
local markets through vertical integration and to prevent excessive
sales of alcoholic beverages produced by overly aggressive marketing
techniques. The Legislature further finds that the exceptions
established by this section to the general prohibition against tied
interests must be limited to their express terms so as not to
undermine the general prohibition, and intends that this section be
construed accordingly.
SEC. 15. Section 25600 of the Business and Professions Code is
amended to read:
25600. (a) (1) No licensee shall, directly or indirectly, give
any premium, gift, or free goods in connection with the sale or
distribution of any alcoholic beverage, except as provided by rules
that shall be adopted by the department to implement this section or
as authorized by this division.
(2) (A) Notwithstanding paragraph (1), for purposes of this
section, a refund to, or exchange of products for, a dissatisfied
consumer by a licensee authorized to sell to consumers shall not be
deemed a premium, gift, or free goods given in connection with the
sale or distribution of an alcoholic beverage.
(B) A winegrower may advertise or otherwise offer consumers a
guarantee of product satisfaction only in newsletters or other
publications of the winegrower or at the winegrower's premises. A
winegrower may refund to a dissatisfied consumer the entire purchase
price of wine produced by that winegrower and sold to that consumer,
regardless of where the wine was purchased.
(b) No rule of the department may permit a licensee to give any
premium, gift, or free goods of greater than inconsequential value in
connection with the sale or distribution of beer. With respect to
beer, premiums, gifts, or free goods, including advertising
specialties that have no significant utilitarian value other than
advertising, shall be deemed to have greater than inconsequential
value if they cost more than twenty-five cents ($0.25) per unit, or
cost more than fifteen dollars ($15) in the aggregate for all those
items given by a single supplier to a single retail premises per
calendar year.
(c) With respect to distilled spirits and wines, a licensee may
furnish, give, rent, loan, or sell advertising specialties to a
retailer, provided those items bear conspicuous advertising required
of a sign and the total value of all retailer advertising specialties
furnished by a supplier, directly or indirectly, to a retailer do
not exceed fifty dollars ($50) per brand in any one calendar year per
retail premises. The value of a retailer advertising specialty is
the actual cost of that item to the supplier who initially purchased
it, excluding transportation and installation costs. The furnishing
or giving of any retailer advertising specialty shall not be
conditioned upon the purchase of the supplier's product. Retail
advertising specialties given or furnished free of charge may not be
sold by the retail licensee.
SEC. 16. Section 714 of the Civil Code is amended to read:
714. (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, real property that
effectively prohibits or restricts the installation or use of a solar
energy system is void and unenforceable.
(b) This section shall not apply to provisions which impose
reasonable restrictions on solar energy systems. However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto. Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
(c) Solar collectors shall meet applicable standards and
requirements imposed by state and local permitting authorities.
Specifically, solar energy systems shall be certified by the Solar
Rating Certification Corporation (SRCC) or other nationally
recognized certification agencies. SRCC is a nonprofit third-party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(d) For the purposes of this section:
(1) "Significantly" means an amount exceeding 20 percent of the
cost of the system or decreasing the efficiency of the solar energy
system by an amount exceeding 20 percent, as originally specified and
proposed.
(2) "Solar energy system" has the same meaning as defined in
Section 801.5.
(e) Whenever approval is required for the installation or use of a
solar energy system, the application for approval shall be processed
and approved by the appropriate approving entity in the same manner
as an application for approval of an architectural modification to
the property, and shall not be willfully avoided or delayed.
(f) Any entity, other than a public entity, that willfully
violates this section shall be liable to the applicant or other party
for actual damages occasioned thereby, and shall pay a civil penalty
to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(g) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.
SEC. 17. Section 1803.2 of the Civil Code, as added by Section 3
of Chapter 888 of the Statutes of 1994, is amended to read:
1803.2. Except as provided in Section 1808.3, every retail
installment contract shall be contained in a single document that
shall contain the following:
(a) The entire agreement of the parties with respect to the cost
and terms of payment for the goods and services, including any
promissory notes or any other evidences of indebtedness between the
parties relating to the transaction.
(b) (1) At the top of the contract the words "Security Agreement"
shall appear in at least 12-point boldface type where a security
interest in the goods is retained or a security interest on other
goods or realty is obtained by the
seller as security for the goods or services purchased.
(2) At the top of the contract the words "Retail Installment
Contract" shall appear in at least 12-point boldface type where a
security interest is not retained or obtained by the seller as
security for the goods or services purchased.
(3) Any contract for goods or services that provides for a
security interest in real property shall also provide the following
notice, written in the same language, e.g., Spanish, as used in the
contract: "WARNING TO BUYER: IF YOU SIGN THIS CONTRACT, YOU WILL BE
PUTTING UP YOUR HOME AS SECURITY. THIS MEANS THAT YOUR HOME COULD
BE SOLD WITHOUT YOUR PERMISSION AND WITHOUT ANY COURT ACTION IF YOU
MISS ANY PAYMENT AS REQUIRED BY THIS CONTRACT." This notice shall be
printed in at least 14-point boldface type, shall be set apart from
the rest of the contract by a border, and shall appear directly above
the space reserved for the signature of the buyer. A security
interest created in any contract described in this paragraph that
does not provide the notice as required by this paragraph shall be
void and unenforceable.
As used in this subdivision, the term "security interest" refers
to a contractual interest in property and not to a mechanic's lien or
other interest in property arising by operation of law.
(c) 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, 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 $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 DESIRE TO
PAY OFF IN ADVANCE THE FULL AMOUNT DUE, THE AMOUNT OF THE REFUND YOU
ARE ENTITLED TO, IF ANY, WILL BE FURNISHED UPON REQUEST."
(d) 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, 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 $1 OR MORE. (4) IF YOU DESIRE TO PAY OFF
IN ADVANCE THE FULL AMOUNT DUE, THE AMOUNT OF THE REFUND YOU ARE
ENTITLED TO, IF ANY, WILL BE FURNISHED UPON REQUEST."
(e) Where the contract includes a finance charge that is
determined on the simple-interest basis, 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 DESIRE TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE, THE AMOUNT
WHICH IS OUTSTANDING WILL BE FURNISHED UPON REQUEST."
(f) This section shall become operative on October 1, 1995.
SEC. 18. Section 2955 of the Civil Code is amended to read:
2955. (a) Money held by a mortgagee or a beneficiary of a deed of
trust on real property in this state, or held by a vendor on a
contract of sale of real property in this state, in an impound
account for the payment of taxes and assessments or insurance
premiums or other purposes on or relating to the property, shall be
retained in this state and, if invested, shall be invested only with
residents of this state in the case of individuals, or with
partnerships, corporations, or other persons, or the branches or
subsidiaries thereof, that are engaged in business within this
state.
(b) Notwithstanding subdivision (a), a licensed residential
mortgage lender or servicer, acting under the authority of that
license, who is a mortgagee or beneficiary of a deed of trust,
secured by a first lien on real property, may deposit money held for
the payment of taxes and assessments or insurance premiums or other
purposes in an impound account in an out-of-state depository
institution insured by the Federal Deposit Insurance Corporation.
(c) The Attorney General may bring an action on behalf of the
people of California to enjoin any violation of subdivision (a) or
(b).
(d) This section shall become operative on January 1, 1996.
SEC. 19. Section 3427.2 of the Civil Code is amended to read:
3427.2. A person or health care facility aggrieved by the actions
prohibited by this title may seek civil damages from those who
committed the prohibited acts and those acting in concert with them.
SEC. 20. Section 2607 of the Commercial Code is amended to read:
2607. (1) The buyer must pay at the contract rate for any goods
accepted.
(2) Acceptance of goods by the buyer precludes rejection of the
goods accepted and, if made with knowledge of a nonconformity, cannot
be revoked because of it unless the acceptance was on the reasonable
assumption that the nonconformity would be seasonably cured.
Acceptance does not of itself impair any other remedy provided by
this division for nonconformity.
(3) Where a tender has been accepted:
(A) The buyer must, within a reasonable time after he or she
discovers or should have discovered any breach, notify the seller of
breach or be barred from any remedy; and
(B) If the claim is one for infringement or the like (subdivision
(3) of Section 2312) and the buyer is sued as a result of such a
breach, the buyer must so notify the seller within a reasonable time
after he or she receives notice of the litigation or be barred from
any remedy over for liability established by the litigation.
(4) The burden is on the buyer to establish any breach with
respect to the goods accepted.
(5) Where the buyer is sued for breach of a warranty or other
obligation for which his or her seller is answerable over:
(A) He or she may give the seller written notice of the
litigation. If the notice states that the seller may defend and that
if the seller does not do so he or she will be bound in any action
against the seller by the buyer by any determination of fact common
to the two litigation actions, then unless the seller after
seasonable receipt of the notice does defend he or she is so bound.
(B) If the claim is one for infringement or the like (subdivision
(3) of Section 2312) the original seller may demand in writing that
the buyer turn over to the seller control of the litigation,
including settlement, or else be barred from any remedy over and if
the seller also agrees to bear all expense and to satisfy any adverse
judgment, then unless the buyer after seasonable receipt of the
demand does turn over control the buyer is so barred.
(6) The provisions of subdivisions (3), (4) and (5) apply to any
obligation of a buyer to hold the seller harmless against
infringement or the like (subdivision (3) of Section 2312).
SEC. 21. Section 2714 of the Commercial Code is amended to read:
2714. (1) Where the buyer has accepted goods and given
notification (subdivision (3) of Section 2607) he or she may recover,
as damages for any nonconformity of tender, the loss resulting in
the ordinary course of events from the seller's breach as determined
in any manner that is reasonable.
(2) The measure of damages for breach of warranty is the
difference at the time and place of acceptance between the value of
the goods accepted and the value they would have had if they had been
as warranted, unless special circumstances show proximate damages of
a different amount.
(3) In a proper case any incidental and consequential damages
under Section 2715 also may be recovered.
SEC. 22. Section 8092 of the Education Code is amended to read:
8092. (a) Any school district or districts, any county
superintendent or superintendents, or the governing body of any
agency maintaining a regional occupational center or program may
contract with a private postsecondary school that is authorized or
approved pursuant to Chapter 3 (commencing with Section 94300) of
Part 59 and has been in operation not less than two full calendar
years prior to the effective date of the contract, to provide
vocational skill training authorized by this code. Any school
district, community college district, or county superintendent of
schools may contract with an activity center, work activity center,
or sheltered workshop to provide vocational skill training authorized
by this code in any adult education program for substantially
handicapped persons operated pursuant to subdivision (a) of Section
41976.
(b) All contracts between a public entity and a private
postsecondary school entered into pursuant to this section, or an
activity center, work activity center, or sheltered workshop shall do
all of the following:
(1) Provide that the amount contracted for per student shall not
exceed the total direct and indirect costs to provide the same
training in the public schools or the tuition the private
postsecondary school charges its private students, whichever is
lower.
(2) Provide that the public school receiving training in a private
postsecondary school, or an activity center, work activity center,
or sheltered workshop pursuant to that contract may not be charged
additional tuition for any training included in the contract. The
attendance of those students pursuant to a contract authorized by
this section shall be credited to the public entity for the purposes
of apportionments from the State School Fund.
(3) Provide that all programs, courses, and classes of instruction
shall meet the standards set forth in the California State Plan for
Vocational Education, or is a course of study for adult schools
approved by the State Department of Education under Section 51056.
(c) The students who attend a private postsecondary school or an
activity center, work activity center, or sheltered workshop pursuant
to a contract under this section shall be enrollees of the public
entity and the vocational instruction provided pursuant to that
contract shall be under the exclusive control and management of the
governing body of the contracting public entity.
(d) The Department of Finance and the State Department of
Education may audit the accounts of both the public entity and the
private party involved in these contracts to the extent necessary to
assure the integrity of the public funds involved.
SEC. 23. Section 10553 of the Education Code is amended to read:
10553. (a) After the telecommunication standards developed
pursuant to subdivision (a) of Section 10552 are established, each
county superintendent of schools shall consult with each of the
school districts under its jurisdiction about its specific
telecommunication needs to enable the sharing of financial and
administrative data at the local level.
(b) After telecommunication standards are established pursuant to
subdivision (a) of Section 10552, each county office of education
shall establish, by January 1, 1996, uniform standards for sharing
financial and administrative information between school districts and
the county office of education that, to the extent relevant, conform
to the standards established pursuant to subdivision (a) of Section
10552 and take into consideration the needs identified pursuant to
subdivision (a). Thereafter, school districts may follow those
standards when purchasing additional or replacement hardware or
software for financial and administrative data processing. School
districts shall not be required to replace current hardware or
software as a result of the enactment of this chapter, and any
decision to make a purchase is a decision of the local agency and not
a mandate of the state.
SEC. 24. Section 14004.5 of the Education Code is amended to read:
14004.5. (a) In addition to all other funds appropriated and
transferred to Section A of the State School Fund, the Controller
shall annually transfer from the General Fund to Section A of the
State School Fund for apportionment during the fiscal year a total
amount per pupil in average daily attendance during the preceding
fiscal year credited to all elementary, high, and unified school
districts and to all the county superintendents of schools in the
state as certified by the Superintendent of Public Instruction, of
twenty-one dollars and eighty cents ($21.80) for fiscal year 1978-79
and thirty-four dollars and fifty-one cents ($34.51) for fiscal year
1979-80, for apportionments allowed pursuant to Article 5 (commencing
with Section 56300) of Chapter 2 of Part 30.
(b) Funds appropriated pursuant to this section and funds
available pursuant to Section 41301 shall be used for Part 30
(commencing with Section 56000), including the Master Plan for
Special Education (Chapter 2 (commencing with Section 56300) of Part
30). For the 1977-78 fiscal year, the superintendent shall adjust
all special education allowances not previously adjusted pursuant to
Chapter 219 of the Statutes of 1977 by 6 percent.
It is the intent of the Legislature that, pursuant to the
provisions of Chapter 1247 of the Statutes of 1977, and subject to
future budget acts, the funds provided in subdivision (a) for the
purpose of providing special education services pursuant to Section
56300 shall be sixty-three dollars and fifty-six cents ($63.56) for
the 1980-81 fiscal year and one hundred thirteen dollars and
eighty-two cents ($113.82) for the 1981-82 fiscal year.
SEC. 25. Section 14505 of the Education Code is amended to read:
14505. The governing board of each school district and each
office of the county superintendent of schools shall include the
following two provisions in their contracts for audits:
(a) A provision to withhold 10 percent of the audit fee until the
Controller certifies that the audit report conforms to the reporting
provisions of the audit guide.
(b) A provision to withhold 50 percent of the audit fee for any
subsequent year of a multiyear contract if the prior year's audit
report was not certified as conforming to reporting provisions of the
audit guide. This provision shall include a statement that a
multiyear contract will be null and void if a firm or individual is
declared ineligible pursuant to subdivision (c) of Section 41020.5.
The withheld amount shall not be payable unless payment is ordered by
the State Board of Accountancy or the audit report for that
subsequent year is certified by the Controller as conforming to
reporting provisions of the audit guide.
Within 30 days after receipt of written notification that the
Controller refuses to certify an audit report as conforming to
reporting provisions of the audit guide, an auditor or audit firm
having a portion of an audit fee withheld pursuant to these
provisions may file an appeal in writing with the State Board of
Accountancy. The board shall complete an investigation of the appeal
within 90 days of the filing date and, on the basis of the
investigation, do either of the following:
(1) Order the Controller to provide notification that the audit
report conforms to reporting provisions of the audit guide.
(2) Schedule the appeal for a hearing, in which case the final
action on the appeal shall be completed by the board within one year
from the date of filing the appeal.
If the board orders the Controller to provide notification that
the audit report conforms to reporting provisions of the audit guide,
the Controller shall provide the notification to the contracting
school district, which shall then release the portion of the audit
fee being withheld in accordance with this section.
SEC. 26. Section 22218.5 of the Education Code is amended to read:
22218.5. The board, on March 1, 1995, and annually thereafter,
shall report to the fiscal committees of the Legislature and to the
Director of Finance the return on investments and actual payroll
subject to the system for the prior fiscal year.
SEC. 27. Section 41401 of the Education Code is amended to read:
41401. For the purposes of this article:
(a) "Administrative employee" means an employee of a school
district, employed in a position requiring certification
qualifications, who does not come within the definition set forth in
subdivision (c) or (d).
(b) "Classified employee" means an employee of a school district,
employed in a position not requiring certification qualifications.
(c) "Pupil services employee" means an employee of a school
district, employed in a position requiring a standard designated
services credential, health and development credential, or a
librarian credential, who performs direct services to pupils. "Pupil
services employee" includes, but is not limited to, in-school
librarians, school nurses, assistant in-school librarians,
audiovisual personnel, counselors, psychologists, psychometrists,
guidance and welfare personnel, attendance personnel, school social
workers, and all other certificated personnel performing
pupil-personnel, health, or librarian services.
(d) "Teacher" means an employee of a school district, employed in
a position requiring certification qualifications, whose duties
require him or her to provide direct instruction to pupils in the
schools of that district for the full time for which he or she is
employed. "Teacher" includes, but is not limited to, teachers of
special classes, teachers of exceptional children, teachers of pupils
with physical disabilities, teachers of mentally retarded minors,
substitute teachers, instructional television teachers, specialist
mathematics teachers, specialist reading teachers, home and hospital
teachers, and learning disability group teachers. Instructional
preparation time shall be counted as part of the teacher full-time
equivalent, including, but not limited to, mentor teacher or
department chairperson time.
SEC. 28. Section 41601 of the Education Code is amended to read:
41601. For the purposes of this chapter, the governing board of
each school district shall report to the Superintendent of Public
Instruction during each fiscal year the average daily attendance of
the district for all full school months during (1) the period between
July 1 and December 31, inclusive, to be known as the "first period"
report for the first principal apportionment, and (2) the period
between July 1 and April 15, inclusive, to be known as the "second
period" report for the second principal apportionment. Each county
superintendent of schools shall report the average daily attendance
for the schools and classes maintained by him or her and the average
daily attendance for the county school tuition fund.
Each report shall be prepared in accordance with instructions on
forms prescribed and furnished by the Superintendent of Public
Instruction. Average daily attendance shall be computed in the
following manner:
(a) The average daily attendance in the regular elementary, junior
high, and high schools, including continuation schools and classes
and opportunity schools and classes, maintained by the school
districts shall be determined by dividing the total number of days of
attendance allowed in all full school months in each period by the
number of days the schools are actually taught in all full school
months in each period, exclusive of Saturdays or Sundays and
exclusive of weekend makeup classes pursuant to Section 37223.
(b) The attendance for schools and classes maintained by a county
superintendent of schools and the county school tuition fund shall be
reported in the same manner as reported by school districts. The
average daily attendance in special education classes operated by
county superintendents of schools shall be determined in the same
manner as all other attendance under subdivision (a). The average
daily attendance in all other schools and classes maintained by the
county superintendents of schools shall be determined by dividing the
total number of days of attendance in all full school months in the
first period by a divisor of 70, in the second period by 135 and at
annual time by 175. For attendance in special classes and centers
pursuant to Section 56364, the average daily attendance shall be
reported by the county superintendents of schools, but credited for
revenue limit purposes to the district in which the pupil resides.
(c) The days of attendance in classes for adults and regional
occupational centers programs shall be reported in the same manner as
all other attendance under subdivision (a). The average daily
attendance in those schools and classes shall be determined by
dividing the total number of days of attendance in all full school
months in the first period by a divisor of 85 in the second period by
135 and at annual time by 175.
SEC. 29. Section 41841.6 of the Education Code is amended to read:
41841.6. (a) Except as otherwise provided in subdivision (b) of
Section 46191, commencing with the 1994-95 fiscal year, and for each
fiscal year thereafter, for purposes of Sections 1909 and 41841.5,
the calculation of the average daily attendance for schools or
classes for adults in correctional facilities is subject to the
following condition: A school district or county board of education
shall not claim or report any increase in average daily attendance in
excess of the percentage authorized by subdivision (c) of Section
52616.17, unless the Legislature approves the increase for that
fiscal year in the annual Budget Act.
(b) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance that
have not been approved by the Legislature pursuant to subdivision
(a).
SEC. 30. Section 42238.15 of the Education Code, as added by
Chapter 82 of the Statutes of 1989, is repealed.
SEC. 31. Section 44253.10 of the Education Code is amended to
read:
44253.10. (a) A teacher with a basic teaching credential may be
assigned to provide specially designed content instruction delivered
in English, as defined in subdivision (b) of Section 44253.2, to
limited-English-proficient pupils only if the following conditions
are met:
(1) The teacher, as of January 1, 1995, is a permanent employee of
a school district, a county office of education, or a school
administered under the authority of the Superintendent of Public
Instruction, or has been employed in a school district with an
average daily attendance of not more than 250 for at least two years.
(2) The teacher completes 45 clock hours of staff development in
methods of specially designed content instruction delivered in
English prior to January 1, 1998. The commission may extend that
date by an additional six-month period if the commission finds, on
the basis of a petition by the staff development sponsor, that the
sponsor has made a good faith effort to provide the staff development
but has been unable to do so because of circumstances beyond the
control of the sponsor providing the staff development and the
teachers.
(b) The commission, in consultation with the Superintendent of
Public Instruction, shall establish guidelines for the provision of
staff development pursuant to this section. The commission and the
superintendent shall use their best efforts to establish these
guidelines as soon as possible, but in no event later than January 1,
1996. Staff development pursuant to this section shall be
consistent with the commission's guidelines. To ensure the highest
standards of program quality and effectiveness, the guidelines shall
include quality standards for the persons who train others to perform
staff development training and for those who provide the training.
The guidelines may require that teachers who qualify to provide
instruction pursuant to paragraph (1) of subdivision (d) include a
portion, within the total 45 clock hours of training provided in
paragraph (2) of subdivision (a), in English language development.
The guidelines and standards established by the commission to
implement this section shall require and maintain compliance with any
requirements mandated by federal law for purposes of assuring
continued federal financial assistance.
(c) The staff development may be sponsored by any school district,
county office of education, or regionally accredited college or
university that meets the standards included in the guidelines
established pursuant to this subdivision or any organization that
meets those standards and is approved by the commission. Any
equivalent three semester unit or four quarter unit class may be
taken by the teacher at a regionally accredited college or university
to satisfy the staff development requirement described in
subdivision (a).
(d) A teacher who completes the staff development described in
subdivision (a) shall be awarded a certificate of completion of staff
development in methods of specially designed content instruction
delivered in English by the school district or county office of
education, but may not be assigned to provide content instruction in
the pupil's primary language, as defined in subdivision (c) of
Section 44253.2. A teacher who completes that staff development may
be assigned to provide instruction for English language development,
as defined in subdivision (a) of Section 44253.2, in a self-contained
classroom only under either of the following circumstances:
(1) The teacher has taught for at least nine years in California
public schools, certifies that he or she has had experience or
training in teaching limited-English-proficient pupils, and
authorizes verification by the entity that issues the certificate of
completion. The teacher shall be awarded a certificate of completion
in methods of instruction for English language development in a
self-contained classroom issued by the school district or county
office of education.
(2) The teacher has taught for less than nine years in California
public schools, or has taught for at least nine years in California
public schools but is unable to certify that he or she has had
experience or
training in teaching limited-English-proficient pupils, but has,
within three years of completing the staff development described in
subdivision (a), completed an additional 45 hours of staff
development, including English language development training, as set
forth in the guidelines developed pursuant to subdivision (a). Upon
completion of this additional staff development, the teacher shall be
awarded a certificate of completion in methods of instruction for
English language development in a self-contained classroom issued by
the school district or county office of education.
(e) During the period in which a teacher is pursuing the training
specified in paragraph (2) of subdivision (a) or subdivision (d), or
both, including the period for the assessment and awarding of the
certificate, the teacher may be provisionally assigned to provide
instruction for English language development, as defined in
subdivision (a) of Section 44253.2, or to provide specially designed
content instruction delivered in English, as defined in subdivision
(b) of Section 44253.2.
(f) A teacher who meets the requirements for a certificate of
completion may be assigned indefinitely to provide the instructional
services named on the certificate in any school district, county
office of education, or school administered under the authority of
the Superintendent of Public Instruction.
(g) A school district or county office of education that provides
staff development pursuant to paragraph (2) of subdivision (a) shall
award each teacher who completes the staff development a certificate
of completion of staff development in methods of specially designed
content instruction delivered in English or English language
development, or both, in accordance with the staff development that
the teacher completed.
(h) Teacher assignments made in accordance with subdivision (a) of
this section shall be included in the reports required by
subdivisions (a) and (e) of Section 44258.9.
(i) The governing board of each school district shall make
reasonable efforts to provide limited-English-proficient pupils in
need of English language development instruction with teachers who
hold appropriate credentials, language development specialist
certificates, or crosscultural language and academic development
certificates that authorize English language development instruction.
However, any teacher awarded a certificate or certificates of
completion under subdivision (e) shall be deemed certificated and
competent to provide the services listed on that certificate of
completion. A teacher who completes staff development pursuant to
this section may use those hours of staff development to meet the
requirements of subdivision (b) of Section 44277.
(j) Any teacher completing staff development pursuant to this
section shall be credited with three semester units or four quarter
units for each block of 45 hours of staff development completed for
the purpose of meeting the requirements set forth in subdivision (b)
of Section 44253.3.
(k) Any school district may use funds allocated to it for the
purposes of Chapter 3.1 (commencing with Section 44670) to provide
staff development pursuant to this section.
SEC. 32. Section 47715 is added to the Education Code, to read:
47715. This part shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2000, deletes or extends
that date.
SEC. 33. Section 49422 of the Education Code is amended to read:
49422. No physician, psychiatrist, oculist, dentist, dental
hygienist, optometrist, otologist, podiatrist, audiologist, or nurse
not employed in that capacity by the State Department of Health
Services, shall be, nor shall any other person be, employed or
permitted to supervise the health and physical development of pupils
unless he or she holds a services credential with a specialization in
health or a valid credential issued prior to the operative date of
Section 25 of Chapter 557 of the Statutes of 1990.
Any psychologist employed pursuant to Section 49400 and this
article shall hold a school psychologist credential, a general pupil
personnel services credential authorizing service as a school
psychologist, a standard designated services credential with a
specialization in pupil personnel services authorizing service as a
psychologist, or a services credential issued by the State Board of
Education or Commission on Teacher Credentialing.
The services credential with a specialization in health
authorizing service as a school nurse shall not authorize teaching
services unless the holder also completes the requirements for a
special class authorization in health in a program that is approved
by the commission.
No physician employed by a district to perform medical services
pursuant to Section 44873, who meets the requirements of that
section, shall be required to hold a credential issued by the State
Board of Education or commission.
SEC. 34. Section 52321 of the Education Code is amended to read:
52321. (a) A regional occupational center or program established
and maintained by school districts or joint powers agencies pursuant
to Section 52301 shall receive in annual operating funds from each of
the participating school districts an amount per unit of average
daily attendance equal to the revenue limit received by those
districts for each unit of average daily attendance generated in the
regional occupational center or program.
A regional occupational center or program established and
maintained by a county superintendent of schools pursuant to Section
52301 shall receive funding pursuant to Section 2550. A county
superintendent of schools shall report average daily attendance to
the Superintendent of Public Instruction for that funding.
(b) Any regional occupational center or program is authorized to
(1) budget and accumulate an amount necessary to meet the cash-flow
needs of the regional occupational center or program known as a
general reserve, and (2) budget and accumulate amounts known as the
designated fund balance and as the unappropriated fund balance.
Alternatively, for regional occupational centers or programs
established and maintained by school districts or joint powers
agencies, a center or program may budget an amount necessary to meet
long-term program needs of the regional occupational center or
program known as capital outlay expenditures or equipment
replacement. At the end of any school year, subject to the exception
provided in paragraph (2) of subdivision (c), the net ending balance
may be distributed to any of the reserved accounts, provided that
the combined total transferred does not exceed 15 percent of the
previous year's expenditures.
(1) The general reserve, the designated fund balance, the
unappropriated fund balance, and the capital outlay expenditures or
equipment replacement reserve account shall be available for
appropriation only after approval by a majority vote of the governing
body of the regional occupational center or program.
(2) Funds of regional occupational centers or programs established
and maintained by school districts or joint powers agencies shall be
distributed to the capital outlay expenditures or equipment
replacement reserve account only upon adoption by the governing board
of a resolution specifying the general use to which each
appropriation from the account would be put.
(c) (1) At the end of any school year, the combined net ending
balances of the general reserve, the designated fund balance, and the
unappropriated fund balance in excess of 15 percent of the previous
fiscal year's expenditures shall be returned to the districts
participating in the regional occupational center or program in
proportion to the district's contribution to the regional
occupational center or program. The county superintendent of schools
shall reduce the revenue limit of the districts by an amount equal
to the excess reserves that are required to be returned to the
districts. Net ending balances in excess of 15 percent, except those
funds specifically set aside by the board and restricted to capital
outlay expenditures or equipment replacement, in county-operated
regional occupational centers or programs shall reduce the revenue
limit of the county superintendent program by an amount equal to the
excess reserves in that program.
(2) A regional occupational center or program established and
maintained by school districts or joint powers agencies may
accumulate, over a period of two or more school years, a net ending
balance in the capital outlay expenditures or equipment replacement
reserve account of more than 15 percent of the previous fiscal year's
expenditures, under provisions of a resolution of the governing
board pursuant to paragraph (2) of subdivision (b).
(d) With the exception of ending balances governed by Section
2558.5, funds placed in either the general reserve, the designated
fund balance, the unappropriated fund balance, or the capital outlay
or equipment replacement accounts, shall be expended only for
regional occupational center or program educational purposes.
SEC. 35. Section 56440 of the Education Code is amended to read:
56440. (a) Each special education local plan area shall submit a
plan to the superintendent by September 1, 1987, for providing
special education and services to individuals with exceptional needs,
as defined by the State Board of Education, who are between the ages
of three and five years, inclusive, and do not require intensive
special education and services, but who would be eligible for special
education and services under Title II of the Education of the
Handicapped Act Amendments of 1986, Public Law 99-457 (20 U.S.C.
Secs. 1411, 1412, 1413, and 1419).
(b) The superintendent shall provide for a five-year phase-in of
the individuals with exceptional needs qualifying for special
education and services under Public Law 99-457 who do not require
intensive special education and services, through an application
process to be developed by the superintendent.
(c) All individuals with exceptional needs between the ages of
three and five years, inclusive, identified in subdivision (a) shall
be served by the districts and county offices within each special
education local plan area by June 30, 1992, to the extent required
under federal law and pursuant to the local plan and application
approved by the superintendent.
(d) Individuals with exceptional needs between the ages of three
and five years, inclusive, who are identified by the district,
special education local plan area, or county office as requiring
special education and services, as defined by the State Board of
Education, shall be eligible for special education and services
pursuant to this part and shall not be subject to any phase-in plan.
(e) In special education local plan areas where individuals with
exceptional needs between the ages of three and five, inclusive, who
do not require intensive special education and services are expected
to have an increased demand on school facilities as a result of
projected growth pursuant to this chapter, the special education
local plan area director shall submit a written report on the
impacted local educational agencies to the State Allocation Board by
December 1, 1987. The State Allocation Board shall assess the
situation and explore ways of resolving the school facilities
impaction situation.
(f) The superintendent shall provide technical assistance to local
educational agencies in order to help identify suitable alternative
instructional settings to alleviate the school facilities impaction
situation. Alternative instructional settings may include, but are
not limited to, state preschool programs and the child's home.
Nothing in this chapter shall cause the displacement of children
currently enrolled in these settings.
(g) Special education facilities operated by local educational
agencies serving children under this chapter and Chapter 4.4
(commencing with Section 56425) shall meet all applicable standards
relating to fire, health, sanitation, and building safety, but are
not subject to Chapter 3.4 (commencing with Section 1596.70), Chapter
3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing
with Section 1597.30) of Division 2 of the Health and Safety Code.
(h) This chapter applies to all individuals with exceptional needs
between the ages of three and five years, inclusive.
SEC. 36. Section 69619.1 of the Education Code is amended to read:
69619.1. (a) The California School Paraprofessional Teacher
Training Program is hereby established for the purpose of recruiting
paraprofessionals to participate in a pilot program designed to
encourage them to enroll in teacher training programs and to provide
instructional service as teachers in the public schools.
(b) On or before June 30, 1995, the Commission on Teacher
Credentialing, in consultation with the Chancellor of the California
Community Colleges, the Chancellor of the California State
University, and representatives of certificated and classified
employee organizations, shall select 12 or more school districts or
county offices of education, each of which applies for that selection
and has 300 or more classified employees, to participate in a pilot
program for the recruitment of school paraprofessional employees who
wish to enroll in teacher training programs. The commission shall
ensure that a total of 600 school paraprofessionals are recruited
from among the 12 participating school districts or county offices of
education. The commission shall also require that at least 40
percent of the school paraprofessionals employed by each school
district or county office of education selected to participate in the
pilot program are members of racial and ethnic minority groups, as
determined by data compiled under the California Basic Educational
Data System maintained by the State Department of Education. The
criteria adopted by the commission for the selection of school
districts or county offices of education to participate in the pilot
program shall include the following:
(1) The extent to which the applicant district or county office of
education demonstrates the capacity and willingness to accommodate
the participation of school paraprofessionals of the district in
teacher training programs conducted at institutions of higher
education.
(2) The extent to which the applicant's plan for the
implementation of its recruitment program involves the active
participation of one or more local campuses of the California
Community Colleges or the California State University in the
development of coursework and teaching programs for participating
school paraprofessionals. Each selected school district or county
office of education shall be required to enter into a written
articulation agreement with the participating campuses of the
California Community Colleges and the California State University.
(3) The extent to which the applicant's plan for recruitment
attempts to meet the demand for bilingual crosscultural teachers.
(4) The extent to which the applicant's plan for recruitment
attempts to meet the demand for special education teachers.
(5) The extent to which the applicant's plan for recruitment
includes a developmentally sequenced series of job descriptions that
lead from an entry-level school paraprofessional position to an
entry-level teaching position in that district.
(c) Each selected school district or county office of education
shall provide information and assistance to each school
paraprofessional it recruits under the pilot program regarding
admission to a teacher training program.
(d) The school district or county office of education shall
recruit and organize groups, or "cohorts," of school
paraprofessionals, of not less than 30 paraprofessionals in each
cohort. Cohorts shall be organized to consist of school
paraprofessionals having approximately equal academic experience and
qualifications, as determined by the school district or county office
of education. The members of each cohort shall enroll in the same
campus, and shall be provided by the school district or county office
of education with appropriate support and information throughout the
course of their studies. Each school district or county office of
education shall certify that it has received a commitment from each
member of a cohort that he or she will complete one school year of
classroom instruction in the district or county office of education
for each year that he or she receives assistance for books, fees, and
tuition while attending a community college or a campus of the
California State University under the program. To the extent
possible, the members of each cohort shall proceed through the same
waiver and credential programs. To the extent that any participant
does not fulfill his or her obligation to complete one year of
classroom instruction for each year of financial assistance he or she
received under the program, the participant shall be required to
repay the assistance. "Teacher training program," for the purposes
of this article, means any undergraduate program of instruction
conducted at a campus of the California Community Colleges, or
undergraduate or graduate program conducted at a campus of the
California State University, that is designed to qualify students
enrolled in the program for a teaching credential authorizing
instruction in kindergarten and grades 1 to 12, inclusive.
(e) The commission shall contract with an independent evaluator
with a proven record of experience in assessing career-advancement
teacher training programs to determine the success of the recruitment
programs established pursuant to subdivision (b). The evaluation
shall be made on an annual basis and shall include, but not be
limited to, all of the following:
(1) The number, and racial and ethnic classifications, of school
paraprofessionals successfully recruited under this article for
participation in a teacher training program.
(2) The number, and racial and ethnic classifications, of school
paraprofessionals participating in the pilot program who successfully
complete the teacher training program each year.
(3) The total cost per person participating in the pilot program
who successfully obtains a teaching credential, based upon all state,
local, federal, and other sources of funding.
(4) The economic status of persons participating in the pilot
program.
(5) A description of financial and other resources made available
to each recruitment program by participating school districts or
county offices of education, the California Community Colleges, the
California State University, and other participating organizations.
(f) Each selected school district or county office of education
shall report to the commission regarding the progress of each cohort
of school paraprofessionals, and other information regarding its
recruitment program as the commission may direct.
(g) No later than January 1, 1995, and again by January 1, 1996,
and by January 1, 1997, the commission shall report to the
Legislature regarding the status of the pilot program, including, but
not limited to, the number of school paraprofessionals recruited,
the academic progress of the school paraprofessionals recruited, the
number of school paraprofessionals recruited who are subsequently
employed as teachers in the public schools, the degree to which the
program meets the demand for bilingual and special education
teachers, the degree to which the program or similar programs can
meet that demand if properly funded and executed, and other effects
upon the operation of the public schools.
(h) "Teaching paraprofessional," for the purposes of this article,
includes the following job classifications: educational aide,
special education aide, teacher associate, teacher assistant, teacher
aide, pupil service aide, and library aide.
(i) "Local education agency," for the purposes of this article,
includes county offices of education that can participate in the
pilot programs.
(j) It is the intent of the Legislature that, commencing with the
1993-94 fiscal year, funding for the California School
Paraprofessional Teacher Training Program be allocated to the
Commission on Teacher Credentialing for grants to school districts
pursuant to this section.
SEC. 37. A heading is added to the Elections Code, to read:
ELECTIONS CODE
DIVISION 0.5. GENERAL PROVISIONS
SEC. 38. Section 3042 of the Family Code is amended to read:
3042. (a) If a child is of sufficient age and capacity to reason
so as to form an intelligent preference as to custody, the court
shall consider and give due weight to the wishes of the child in
making an order granting or modifying custody.
(b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
the child witness so as to protect the best interests of the child.
The court may preclude the calling of the child as a witness where
the best interests of the child so dictate and may provide
alternative means of obtaining information regarding the child's
preferences.
SEC. 39. Section 7574 of the Family Code is amended to read:
7574. In order for a conclusive presumption of paternity to be
established pursuant to this chapter, the following must appear on
the declaration:
(a) The full name, place, and date of birth of the child.
(b) The full name and current address of the attesting father of
the child.
(c) The full name and current address of the attesting mother of
the child.
(d) The social security numbers of the attesting mother and father
of the child, on a voluntary basis.
(e) A notice captioned "READ THIS BEFORE SIGNING" conspicuously
placed on the declaration stating:
"(1) FATHER AND MOTHER: You do not have to sign this form. The
choice is up to you. If any part of this form does not make sense to
you, talk to the county Family Support Division or a lawyer before
you sign it.
(2) FATHER AND MOTHER: Paternity means legal fatherhood. ONLY
the natural father may sign this form. If the man signs this form,
the law of California will give him certain rights. He will have the
same rights as if he were married to the mother. These rights
include custody, the right to agree to adoption, and the right to
visit your child. You may want to pursue an order for custody. Your
child will have rights too (such as the right to inherit from the
father).
(3) FATHER: Once you sign this form and say you are the child's
father, the law says you also have duties such as helping to support
your child. If you and the mother separate, the court may order you
to pay child support.
(4) FATHER: You have the right to go to trial to decide
paternity. At the trial you have the right to tell your side of the
story, to ask questions, and make witnesses attend. By signing the
form you understand that you are, by choice, giving up your right to
a trial on the issue of paternity unless you challenge this paternity
form.
(5) FATHER AND MOTHER: This form can be challenged in court only
by using blood or genetic test results that show that the man is not
the natural father. This may be done if no more than three years
have passed since the form was signed. This means three years from
the date of the last signature.
(6) FATHER AND MOTHER: If there is no court challenge to
paternity during the three-year period, the man signing this form is
the legal father of the child. This is true even if blood or genetic
tests show he is not the father after the three years have passed.
(7) FATHER AND MOTHER: You do not have to write down your social
security number. The number helps to find parents so that child
support and other benefits your child may need may be collected. If
you write down your social security number, it will be on any copies
that are made of this form."
(f) The signature of the father attesting under penalty of perjury
under the laws of the State of California that the information
provided is true and correct, that he has read and fully understands
the rights he is waiving, that he is waiving those rights willingly,
knowingly, and intelligently, that he understands the duties imposed
on him as described in subdivision (e), and that he is executing this
declaration to establish that he is the natural father of the child
and understands, that by acknowledging paternity of the child, he
accepts an obligation to provide child support under the laws of the
State of California.
(g) The signature of the natural mother attesting under penalty of
perjury under the laws of the State of California that the
information provided is true and correct, that the man named is the
natural father of her child, that she is executing this declaration
to name the natural father of her child and that she fully
understands that, by executing this declaration, she is establishing
the paternal rights of the named father under the laws of the State
of California, which include the right to physical and legal custody
of the child, the right to consent to adoption of the child, and
visitation rights.
(h) The full name and signature of the person witnessing the
signing of the paternity declaration by both the natural mother and
the father.
(i) A statement that execution of this declaration authorizes the
state to add the signator's name as the natural father of the child
to the child's birth certificate.
SEC. 40. Section 19315 of the Food and Agricultural Code is
amended to read:
19315. (a) In addition to the registration fee required by
Section 19312, the department may charge an additional fee necessary
to cover the costs of administering this article. Any additional fee
charged pursuant to this section shall not exceed three hundred
dollars ($300) per year per vehicle that is operated to transport
kitchen grease, and shall not exceed three thousand dollars ($3,000)
per year per registered transporter.
(b) The secretary shall fix the annual fee established pursuant to
this section and may fix different fees for transporters of inedible
kitchen grease and collection centers. The secretary shall also fix
the date the fee is due and the method of collecting the fee. If an
additional fee is imposed on licensed renderers pursuant to
subdivision (a) of Section 19227 and an additional fee is imposed on
registered transporters pursuant to subdivision (a), only one
additional fee may be imposed on a person or firm that is both
licensed as a renderer pursuant to Article 6
(commencing with Section 19300) and registered as
a transporter of inedible kitchen grease pursuant to this article,
which fee shall be the higher of the two fees.
(c) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
SEC. 41. Section 38861 of the Food and Agricultural Code is
amended to read:
38861. Acidified milk products are foods that comply with Section
131.111, 131.136, 131.144, 131.162, or 131.187 of Title 21 of the
Code of Federal Regulations.
SEC. 42. Section 41865.6 of the Food and Agricultural Code, as
added by Section 8 of Chapter 520 of the Statutes of 1994, is amended
and renumbered to read:
41865.7. All expenses incurred in carrying out Section 41865.1
shall be paid from fees collected under this chapter.
SEC. 43. Section 825.6 of the Government Code is amended to read:
825.6. (a) (1) Except as provided in subdivision (b), if a public
entity pays any claim or judgment, or any portion thereof, either
against itself or against an employee or former employee of the
public entity, for an injury arising out of an act or omission of the
employee or former employee of the public entity, the public entity
may recover from the employee or former employee the amount of that
payment if he or she acted or failed to act because of actual fraud,
corruption, or actual malice, or willfully failed or refused to
conduct the defense of the claim or action in good faith. Except as
provided in paragraph (2) or (3), a public entity may not recover any
payments made upon a judgment or claim against an employee or former
employee if the public entity conducted his or her defense against
the action or claim.
(2) If a public entity pays any claim or judgment, or any portion
thereof, against an employee or former employee of the public entity
for an injury arising out of his or her act or omission, and if the
public entity conducted his or her defense against the claim or
action pursuant to an agreement with him or her reserving the rights
of the public entity against him or her, the public entity may
recover the amount of the payment from him or her unless he or she
establishes that the act or omission upon which the claim or judgment
is based occurred within the scope of his or her employment as an
employee of the public entity and the public entity fails to
establish that he or she acted or failed to act because of actual
fraud, corruption, or actual malice or that he or she willfully
failed or refused to reasonably cooperate in good faith in the
defense conducted by the public entity.
(3) If a public entity pays any claim or judgment, or any portion
thereof, against an employee or former employee of the public entity
for an injury arising out of his or her act or omission, and if the
public entity conducted the defense against the claim or action in
the absence of an agreement with him or her reserving the rights of
the public entity against him or her, the public entity may recover
the amount of that payment from him or her if he or she willfully
failed or refused to reasonably cooperate in good faith in the
defense conducted by the public entity.
(b) (1) Upon a felony conviction for a violation of Section 1195
of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal
Code, by an elected official or former elected official of a public
entity for an act or omission of that person while in office, the
elected official or former elected official shall forfeit any rights
to defense or indemnification under Section 825 with respect to a
claim for damages for an injury arising from that act or omission.
(2) If a public entity pays any claim or judgment, or any portion
thereof, either against itself or against an elected official or
former elected official of the public entity, for an injury arising
out of an act or omission of the elected official or former elected
official of the public entity, which act or omission constituted a
felony violation of Section 1195 of this code, or of Section 68, 86,
93, 165, 504, or 518 of the Penal Code, the public entity shall
recover from the elected official or former elected official the
amount of that payment upon the felony conviction of the elected
official or former elected official for that act or omission. Upon
that conviction, the public entity shall also recover from the
elected official the costs of any defense to a civil action filed
against the elected official for that act or omission.
(c) 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,
the memorandum of understanding shall be controlling without further
legislative action, except that if the provisions of a memorandum of
understanding require the expenditure of funds, the provisions shall
not become effective unless approved by the Legislature in the annual
Budget Act.
SEC. 44. Section 6524 of the Government Code, as added by Chapter
230 of the Statutes of 1994, is amended and renumbered to read:
6526. Notwithstanding any other provision of law, any public
agency that is a member of the South East Regional Reclamation
Authority, the Aliso Water Management Agency, the South Orange County
Reclamation Authority, or the San Juan Basin Authority may exercise
any power granted to those entities by any of the joint powers
agreements creating those entities, whether or not that public agency
is a signatory to any of these joint powers agreements granting that
power or is otherwise authorized by law to exercise that power, for
the purpose of promoting efficiency in the administration of these
joint powers entities.
SEC. 45. Section 7514.1 of the Government Code is amended to read:
7514.1. Notwithstanding any other provision of law except Chapter
7 (commencing with Section 16649.80) of Part 2 of Division 4 of
Title 2, any state or local public retirement system may invest,
subject to and consistent with the standard for prudent investment
set forth in Section 17 of Article XVI of the California
Constitution, and the state and any political subdivision of the
state may, invest its assets in rated bonds, notes, or other
obligations issued, assumed, or unconditionally guaranteed by the
African Development Bank, the Asian Development Bank, the Caribbean
Development Bank, the Inter-American Development Bank, the
International Finance Corporation, the International Bank for
Reconstruction and Development, the European Bank for Reconstruction
and Development, and any other international financial institution
that has met the payments of similar bonds, notes, or other
obligations when due and in which the United States is a member.
SEC. 46. Section 8589.7 of the Government Code is amended to read:
8589.7. (a) In carrying out its responsibilities pursuant to
subdivision (b) of Section 8574.17, the Office of Emergency Services
shall serve as the central point in state government for the
emergency reporting of spills, unauthorized releases, or other
accidental releases of hazardous materials and shall coordinate the
notification of the appropriate state and local administering
agencies that may be required to respond to those spills,
unauthorized releases, or other accidental releases. The Office of
Emergency Services is the only state agency required to make the
notification required by subdivision (b).
(b) Upon receipt of a report concerning a spill, unauthorized
release, or other accidental release involving hazardous materials,
as defined in Section 25501 of the Health and Safety Code, the Office
of Emergency Services shall immediately inform the appropriate state
agencies concerning the spill, release, or accident, as follows:
(1) For an oil spill reportable pursuant to Section 8670.25.5, the
Office of Emergency Services shall inform the administrator for oil
spill response, the State Lands Commission, the California Coastal
Commission, and the California regional water quality control board
having jurisdiction over the location of the discharged oil.
(2) For a rupture, explosion, or fire involving a pipeline
reportable pursuant to Section 51018, the Office of Emergency
Services shall inform the State Fire Marshal.
(3) For a discharge in or on any waters of the state of a
hazardous substance or sewage reportable pursuant to Section 13271 of
the Water Code, the Office of Emergency Services shall inform the
appropriate California regional water quality control board.
(c) This section does not relieve a person who is responsible for
a spill, unauthorized release, or other accidental release of a
hazardous material from the duty to make an emergency notification to
a local agency, or the 911 emergency system, under any other statute
or regulation.
(d) A person who is subject to Section 25507 of the Health and
Safety Code shall immediately report all releases or threatened
releases pursuant to that section to the appropriate local
administering agency. Each local administering agency shall notify
the Office of Emergency Services and businesses in their jurisdiction
of the appropriate emergency telephone number that can be used for
emergency notification to an administering agency on a 24-hour basis.
The administering agency shall notify other local agencies or
departments of spills within their jurisdiction, as appropriate.
(e) No facility, owner, operator, or other person required to
report a spill, unauthorized release, or accident to the Office of
Emergency Services shall be liable for the Office of Emergency
Services' failure to make notifications required by this section or
failure to accurately transmit the information reported.
SEC. 47. Section 8670.3 of the Government Code is amended to read:
8670.3. Unless the context requires otherwise, the following
definitions shall govern the construction of this chapter:
(a) "Administrator" means the administrator for oil spill response
appointed by the Governor pursuant to Section 8670.4.
(b) "Barges" means any vessel that carries oil in commercial
quantities as cargo but is not equipped with a means of
self-propulsion.
(c) (1) "Best achievable protection" means the highest level of
protection that can be achieved through both the use of the best
achievable technology and those manpower levels, training procedures,
and operational methods that provide the greatest degree of
protection achievable. The administrator's determination of best
achievable protection shall be guided by the critical need to protect
valuable coastal resources and marine waters, while also considering
(1) the protection provided by the measures, (2) the technological
achievability of the measures, and (3) the cost of the measures.
(2) It is not the intent of the Legislature that the administrator
use a cost-benefit or cost-effectiveness analysis or any other
particular method of analysis in determining which measures to
require. Instead, it is the intent of the Legislature that the
administrator give reasonable consideration to the protection
provided by the measures, the technological achievability of the
measures, and the cost of the measures when establishing the
requirements to provide the best achievable protection for coastal
and marine resources.
(d) "Best achievable technology" means that technology which
provides the greatest degree of protection taking into consideration
(1) processes that are being developed, or could feasibly be
developed anywhere in the world, given overall reasonable
expenditures on research and development, and (2) processes that
currently are in use anywhere in the world. In identifying the best
achievable technology, the administrator shall consider the
effectiveness and engineering feasibility of the technology.
(e) "Local government" means any chartered or general law city,
chartered or general law county, or any city and county.
(f) "Marine facility" means any facility of any kind, other than a
vessel, that is or was used for the purposes of exploring for,
drilling for, producing, storing, handling, transferring, processing,
refining, or transporting oil and is located in marine waters, or is
located where a discharge could impact marine waters unless the
facility (1) is subject to Chapter 6.67 (commencing with Section
25270) or Chapter 6.75 (commencing with Section 25299.10) of Division
20 of the Health and Safety Code or (2) is placed on a farm,
nursery, logging site, or construction site and does not exceed
20,000 gallons in a single storage tank. For the purposes of this
chapter, a drill ship, semisubmersible drilling platform, jack-up
type drilling rig, or any other floating or temporary drilling
platform is a "marine facility." For the purposes of this chapter, a
small craft refueling dock is not a "marine facility."
(g) "Marine terminal" means any marine facility used for
transferring oil to or from tankers or barges. For the purposes of
this section, a marine terminal includes all piping not integrally
connected to a tank facility as defined in subdivision (k) of Section
25270.2 of the Health and Safety Code.
(h) "Marine waters" means those waters subject to tidal influence,
except for waters in the Sacramento-San Joaquin Delta upstream from
a line running north and south through the point where Contra Costa,
Sacramento, and Solano Counties meet.
(i) "Nonpersistent oil" means a petroleum-based oil, such as
gasoline, diesel, or jet fuel, that evaporates relatively quickly.
Specifically, it is an oil with hydrocarbon fractions, at least 50
percent of which, by volume, distills at a temperature of 645*
Fahrenheit, and at least 95 percent of which, by volume, distills at
a temperature of 700* Fahrenheit.
(j) "Oil" means any kind of petroleum, liquid hydrocarbons, or
petroleum products or any fraction or residues therefrom, including,
but not limited to, crude oil, bunker fuel, gasoline, diesel fuel,
aviation fuel, oil sludge, oil refuse, oil mixed with waste, and
liquid distillates from unprocessed natural gas.
(k) "Onshore facility" means any facility of any kind that is
located entirely on lands not covered by marine waters.
(l) (1) "Owner" or "operator" means any of the following:
(A) In the case of a vessel, any person who owns, has an ownership
interest in, operates, charters by demise, or leases, the vessel.
(B) In the case of a marine facility, any person who owns, has an
ownership interest in, or operates the marine facility.
(C) Except as provided in subparagraph (D), in the case of any
vessel or marine facility, title or control of which was conveyed due
to bankruptcy, foreclosure, tax delinquency, abandonment, or similar
means to an entity of state or local government, any person who
owned, held an ownership interest in, operated, or otherwise
controlled activities concerning the vessel or facility immediately
beforehand.
(D) An entity of the state or local government that acquired
ownership or control of a vessel or marine facility, when the entity
of the state or local government has caused or contributed to a spill
or discharge of oil into marine waters.
(2) "Owner" or "operator" does not include a person who, without
participating in the management of a vessel or marine facility, holds
indicia of ownership primarily to protect his or her security
interest in the vessel or marine facility.
(3) "Operator" does not include any person who owns the land
underlying a marine facility or the facility itself if the person is
not involved in the operations of the facility.
(m) "Person" means any individual, trust, firm, joint stock
company, or corporation, including, but not limited to, a government
corporation, partnership, and association. "Person" also includes
any city, county, city and county, district, and the state or any
department or agency thereof, and the federal government, or any
department or agency thereof, to the extent permitted by law.
(n) "Pipeline" means any pipeline used at any time to transport
oil.
(o) "Responsible party" or "party responsible" means any of the
following:
(1) The owner or transporter of oil or a person or entity
accepting responsibility for the oil.
(2) The owner, operator, or lessee of, or person who charters by
demise, any vessel or marine facility, or a person or entity
accepting responsibility for the vessel or marine facility.
(p) "Small craft" means waterborne craft, other than a tanker or
barge, that is less than 20 meters in length.
(q) "Small craft refueling dock" means a waterside operation that
dispenses nonpersistent oil primarily to small craft and meets the
following criteria:
(1) Has tank storage capacity not exceeding 20,000 gallons in any
single storage tank or tank compartment.
(2) Has a total useable tank storage capacity not exceeding 75,000
gallons.
(r) (1) "Small marine fueling facility" means either of the
following:
(A) A truck or trailer, including all connected hoses and piping,
used for transferring oil at a location where a discharge could
impact marine waters.
(B) A fixed facility that is not a marine terminal, that dispenses
nonpersistent oil, primarily to small craft, and meets all of the
following criteria:
(i) Has tank storage capacity not exceeding 40,000 gallons in any
single storage tank or storage tank compartment.
(ii) Has total useable tank storage capacity not exceeding 75,000
gallons.
(iii) Had an annual throughput volume of over-the-water transfers
of oil that did not exceed 3,000,000 gallons during the most recent
preceding 12-month period.
(2) "Small marine fueling facility" does not include a system that
dispenses small amounts of nonpersistent lubrication oil from
protected containers that are capable of being readily contained.
(s) "Spill" or "discharge" means any release of at least one
barrel (42 gallons) of oil into marine waters that is not authorized
by any federal, state, or local government entity.
(t) "State Interagency Oil Spill Committee" means the committee
established pursuant to Article 3.5 (commencing with Section 8574.1)
of Chapter 7.
(u) "State oil spill contingency plan" means the state oil spill
contingency plan prepared pursuant to Article 3.5 (commencing with
Section 8574.1) of Chapter 7.
(v) "Tanker" means any self-propelled, waterborne vessel,
constructed or adapted for the carriage of oil in bulk or in
commercial quantities as cargo.
(w) "Vessel" means a tanker or barge as defined in this section.
SEC. 48. Section 9020 of the Government Code is amended to read:
9020. The Legislature shall convene in regular session at the
City of Sacramento at noon on the first Monday in December of each
even-numbered year, and each house shall immediately organize.
SEC. 49. The heading of Article 6 (commencing with Section 14710)
of Chapter 2 of Part 5.5 of Division 3 of Title 2 of the Government
Code is repealed.
SEC. 50. Section 15364.6.1 of the Government Code is amended and
renumbered to read:
15364.9. The California World Trade Commission, in consultation
with the California Offices of Trade and Investment in Tokyo, Taipei,
and Hong Kong, shall conduct, at least biennially, a California
Pacific Rim Conference beginning in 1995, for the purpose of
advancing California's awareness and knowledge of, and commitment and
relationship with, and success in engaging in, economic development
partnerships in the Pacific Rim.
The location of the conference shall alternate between northern
and southern California and may on occasion be located in another
Pacific Rim nation, as selected by the World Trade Commission, if
sufficient funds are available for that purpose. The conference
shall include business, political, and academic leaders of each of
the Pacific Rim nations, and bring them together with business,
political, academic, and labor leaders in California.
The agenda of the California Pacific Rim Conference shall be
designed to enable the participants to engage in dialogue, in order
to educate each other about how the state and each of the Pacific Rim
nations can more effectively and successfully collaborate in Pacific
Rim economic development, including investment, trade, and commerce.
The California Pacific Rim Conference shall be funded in part
through private contributions to the California World Trade
Commission, made specifically for the purpose of supporting the
California Pacific Rim Conference. In order to recoup all necessary
costs of conducting the conference, the World Trade Commission may
charge conference participants or members of the general public who
attend the conference a reasonable and appropriate fee for
participation in, or attendance at, the conference.
Upon the completion of the first California Pacific Rim
Conference, the California World Trade Commission shall submit a
brief report to the Legislature assessing the effectiveness and
success of the conference and making recommendations to improve
future conferences.
SEC. 51. Section 20523 of the Government Code is amended to read:
20523. (a) Shares of members in the funds of a local employer
shall be credited to the respective individual accounts of the local
agency members who have been included in this system, and
administered as if made during membership in this system, except that
the annuity provided by those contributions with accumulated
interest shall be deducted first from the pension that otherwise
would be payable on account of prior service and the balance of the
contributions with accumulated interest shall be deducted from the
pension that otherwise would be payable on account of current
service. The total of the funds transferred to this system shall be
offset against the prior or current service liability, as the case
may be, before determining the contribution to be paid by the
contracting agency.
(b) A former member of the local retirement system who withdrew
any contributions prior to the effective date of that agency's
contract with this system is entitled to credit for the service upon
which those contributions were made if he or she elects to deposit
any of those withdrawn contributions with this system under the terms
and conditions specified in Section 20654. Any amounts so deposited
with this system shall be administered as provided in this section.
(c) As used in subdivision (b), "former member" shall also include
any former member of the local retirement system who failed to
exercise the right of election pursuant to paragraph (3) of
subdivision (b) of Section 24810 of the Education Code.
SEC. 52. Section 51015.05 of the Government Code is amended to
read:
51015.05. (a) The State Fire Marshal shall establish and
maintain a centralized data base containing information and data
regarding the following intrastate pipelines:
(1) Pipelines, as defined in paragraph (3) of subdivision (a) of
Section 51010.5, used for the transportation of crude oil that
operate by gravity or at a stress level of 20 percent or less of the
specified minimum yield strength of the pipe.
(2) Pipelines, as defined in paragraph (4) of subdivision (a) of
Section 51010.5, used for the transportation of petroleum in onshore
gathering lines located in rural areas.
(b) The data base shall include, but is not limited to, an
inventory of the pipelines described in subdivision (a), including
pipeline locations, ownership, ages, and inspection histories, that
are in the possession of the owner or operator of the oil field or
other gas facility.
(c) The State Fire Marshal shall regularly update the data base
and shall make the information in the data base available to the
public, and to all local, state, and federal agencies.
(d) Any state or local governmental agency that regulates,
supervises, or exerts authority over any pipeline described in
subdivision (a) shall report any information or data specified in
subdivision (b) in its possession to the State Fire Marshal. That
information shall be submitted to the State Fire Marshal in a
computer compatible format.
(e) The State Fire Marshal shall conduct a study of the fitness
and safety of all pipelines described in subdivision (a), and
investigate incentive options that would encourage pipeline
replacement or improvements, including, but not limited to, a review
of existing regulatory, permit, and environmental impact report
requirements and other existing public policies, as may be identified
by the Pipeline Safety Advisory Committee and adopted by the State
Fire Marshal, that could act as barriers to the replacement or
improvement of those pipelines. On or before December 31, 1995, the
State Fire Marshal shall report his or her findings and
recommendations to the Legislature.
(f) The costs of this section shall be funded from federal block
grant funds. This section shall become operative only upon receipt
of these federal block grant funds as determined by the State Fire
Marshal. Upon receipt of these funds the State Fire Marshal shall
provide written notice to both houses of the Legislature for
publication in their respective journals.
SEC. 53. Section 54776 of the Government Code is amended to read:
54776. The county may, from time to time, issue its bonds in an
aggregate principal amount the county determines necessary to provide
sufficient funds for purposes of advancing moneys representing
uncollected taxes in accordance with Section 4705 of the Revenue and
Taxation Code, provided that the aggregate amount of all the bonds
issued in any fiscal year, together with interest thereon, shall not
exceed the tax revenues attributable to the fiscal year in which the
bonds are issued, except that in the case of a county wishing to
finance the initial apportionment pursuant to Section 4713 of the
Revenue and Taxation Code, the aggregate principal amount of bonds
that may be issued for that purpose, together with interest thereon,
shall not exceed the aggregate amount of those initial apportionments
plus any then-existing delinquent penalties.
SEC. 54. Section 54783 of the Government Code is amended to read:
54783. Interest earned on any bond issued by the county shall at
all times be free from state personal income tax and corporate income
or franchise tax.
SEC. 55. 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 (1) consolidation of
districts, as defined in Section 56036, (2) dissolution, (3) merger,
or (4) establishment of a subsidiary district, or a reorganization
that includes any of these changes of organization. A commission
shall have the authority to initiate only a (1) consolidation of
districts, (2) dissolution, (3) merger, (4) establishment of a
subsidiary district, or (5) a reorganization that includes any of
these changes of organization, 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 of the following:
(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, which 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 its 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 subparagraph 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, located in
the same county as that in which the city is located, and that 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 Section 22613
of the Streets and Highways Code if it finds the application would
deprive an area of a service needed to ensure the health, safety, or
welfare of the residents of the area and if it finds 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.
(r) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
SEC. 56. Section 57092 of the Government Code is amended to read:
57092. (a) Notwithstanding Section 57081, 57083, 57087, 57087.5,
or 57089, for any proposal that was initiated by the commission
pursuant to subdivision (a) of Section 56375, the conducting
authority shall order the change of organization or reorganization
subject to confirmation by the voters if the conducting authority
finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 10 percent of the number of landowners within any
affected district within the affected territory who own at least 10
percent of the assessed value of land within the territory.
(B) At least 10 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
10 percent of the number of landowners within any affected district
within the affected territory, owning at least 10 percent of the
assessed value of land within the territory.
(b) The petition shall be filed with the conducting authority
within 30 days after the public hearing required pursuant to this
chapter has been held. If a petition has been filed, the conducting
authority shall approve the proposal subject to confirmation by the
voters.
SEC. 57. Section 65089 of the Government Code is amended to read:
65089. (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program shall be
developed in consultation with, and with the cooperation of, the
transportation planning agency, regional transportation providers,
local governments, the department, and the air pollution control
district or the air quality management district, either by the county
transportation commission, or by another public agency, as
designated by resolutions adopted by the county board of supervisors
and the city councils of a majority of the cities representing a
majority of the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency. The
highway and roadway system shall include at a minimum all state
highways and principal arterials. No highway or roadway designated
as a part of the system shall be removed from the system. All new
state highways and principal arterials shall be designated as part of
the system. Level of service (LOS) shall be measured by Circular
212, by the most recent version of the Highway Capacity Manual, or by
a uniform methodology adopted by the agency that is consistent with
the Highway Capacity Manual. The determination as to whether an
alternative method is consistent with the Highway Capacity Manual
shall be made by the regional agency, except that the department
instead shall make this determination if either (i) the regional
agency is also the agency, as those terms are defined in Section
65088.1, or (ii) the department is responsible for preparing the
regional transportation improvement plan for the county.
(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A. When the level of service on a segment or at an
intersection fails to attain the established level of service
standard, a deficiency plan shall be adopted pursuant to Section
65089.4.
(2) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods. At a minimum, these performance
measures shall incorporate highway and roadway system performance,
and measures established for the frequency and routing of public
transit, and for the coordination of transit service provided by
separate operators. These performance measures shall support
mobility, air quality, land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).
(3) (A) A trip reduction and travel demand element that promotes
alternative transportation methods, including, but not limited to,
carpools, vanpools, transit, bicycles, and park-and-ride lots;
improvements in the balance between jobs and housing; and other
strategies, including, but not limited to, flexible work hours,
telecommuting, and parking management programs. The agency shall
consider parking cash-out programs during the development and update
of the trip reduction and travel demand element.
(B) The agency and respective air pollution control district or
air quality management district shall coordinate the development of
trip reduction responsibilities and shall avoid duplication of
responsibilities between agencies. A multiple site employer, as
specified in paragraph (4) of subdivision (e) of Section 40717 of the
Health and Safety Code, shall have the option of complying with a
district employer trip reduction rule, or a similar rule proposed
pursuant to a federal implementation plan, and reporting directly to
the district or a responsible federal or state agency. A multiple
site employer that exercises this option shall be exempt from any
employer-based trip reduction requirement imposed pursuant to the
trip reduction and travel demand element.
(C) Except for paragraph (B), nothing in this section prevents a
local jurisdiction from adopting transportation demand management
measures that include or exceed the requirements established by the
agency or by the air pollution control district or air quality
management district.
(4) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts.
This program shall measure, to the extent possible, the impact to the
transportation system using the performance measures described in
paragraph (2). In no case shall the program include an estimate of
the costs of mitigating the impacts of interregional travel. The
program shall provide credit for local public and private
contributions to improvements to regional transportation systems.
However, in the case of toll road facilities, credit shall only be
allowed for local public and private contributions which are
unreimbursed from toll revenues or other state or federal sources.
The agency shall calculate the amount of the credit to be provided.
The program defined under this section may require implementation
through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
(5) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and goods, to mitigate
regional transportation impacts identified pursuant to paragraph (4).
The program shall conform to transportation-related vehicle
emission air quality mitigation measures, and include any project
that will increase the capacity of the multimodal system. It is the
intent of the Legislature that, when roadway projects are identified
in the program, consideration be given for maintaining bicycle access
and safety at a level comparable to that which existed prior to the
improvement or alternation. The capital improvement program may also
include safety, maintenance, and rehabilitation projects that do not
enhance the capacity of the system but are necessary to preserve the
investment in existing facilities.
(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions. The computer models shall be consistent
with the modeling methodology adopted by the regional planning
agency. The data bases used in the models shall be consistent with
the data bases used by the regional planning agency. Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
(d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a deficiency
plan pursuant to Section 65089.4, shall grant to that development an
appropriate reduction in the parking requirements otherwise in effect
for new commercial development.
(2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
SEC. 58. Section 67931 of the Government Code is amended to read:
67931. (a) The agency is the legal successor to the Monterey
County Transportation Commission for all purposes, including those
set forth in Part 11.5 (commencing with Section 99600) of Division 10
of the Public Utilities Code, and particularly Section 99638.
(b) The agency has all of the powers expressed or implied,
necessary to carry out the intent of that Part 1.5, including the
power of eminent domain and the power to preserve, acquire,
construct, or improve any of the following:
(1) Rights-of-way for rail purposes.
(2) Rail terminals and stations.
(3) Rolling stock, including locomotives, passenger cars, and
related rail equipment and facilities.
(4) Grade separation and other improvements along rail
rights-of-way for rail purposes.
(5) Rail maintenance facilities.
(6) Other capital facilities deemed necessary for a rail service,
including soundwalls.
(c) The agency may contract for the operation of rail service in
Monterey County and for connections with rail service in adjacent and
neighboring counties and cities.
SEC. 59. Section 70141.11 of the Government Code is amended to
read:
70141.11. In Contra Costa County, the superior court may provide
that the commissioner, and the referee who shall have been a member
of the State Bar for a period of at least five years immediately
preceding his or her appointment and has been appointed pursuant to
Section 247 of the Welfare and Institutions Code, shall, in addition
to the duties prescribed in Section 259 of the Code of Civil
Procedure, perform the duties of a probate commissioner appointed
pursuant to Section 69897 of this code.
This section shall not affect any of the powers or duties
otherwise authorized for the referee appointed pursuant to Section
247 of the Welfare and Institutions Code.
The commissioner shall be paid the salary recommended by the
superior court and approved by the board of supervisors plus
reimbursement for necessary, reasonable and actual expenses in
connection with official duties. Any court reporting functions for
the commissioner may be by electronic or mechanical means and
devices.
SEC. 60. Section 93104 of the Government Code is amended to read:
93104. The authority shall be governed by a board of five
directors, three appointed by the board of supervisors of the County
of Siskiyou, one of whom shall be a resident of the community of
McCloud, and two appointed by the City Council of the City of Mount
Shasta. Members of the board of supervisors and the city council may
be appointed to and serve on the board of directors of the
authority.
SEC. 61. Section 1795.12 of the Health and Safety Code is amended
to read:
1795.12. (a) Notwithstanding Section 5328 of the Welfare and
Institutions Code, and except as provided in Sections 1795.14 and
1795.18, any adult patient of a health care provider, any minor
patient authorized by law to consent to medical treatment, and any
patient representative shall be entitled to inspect patient records
upon presenting to the health care provider a written request for
those records and upon payment of reasonable clerical costs incurred
in locating and making the records available. However, a patient who
is a minor shall be entitled to inspect patient records pertaining
only to health care of a type for which the minor is lawfully
authorized to consent. A health care provider shall permit this
inspection during business hours within five working days after
receipt of the written request. The inspection shall be conducted by
the patient or patient's representative requesting the inspection,
who may be accompanied by one other person of his or her choosing.
(b) Additionally, any patient or patient's representative shall be
entitled to copies of all or any portion of the patient records
which he or she has a right to inspect, upon presenting a written
request to the health care provider specifying the records to be
copied, together with a fee to defray the cost of copying, which
shall not exceed twenty-five cents ($0.25) per page or fifty cents
($0.50) per page for records that are copied from microfilm and any
additional reasonable clerical costs incurred in making the records
available. The health care provider shall ensure that the copies are
transmitted within 15 days after receiving the written request.
(c) Copies of X-rays or tracings derived from electrocardiography,
electroencephalography, or electromyography need not be provided to
the patient or patient's representative under this section, if the
original X-rays or tracings are transmitted to another health care
provider upon written request of the patient or patient's
representative and within 15 days after receipt of the request. The
request shall specify the name and address of the health care
provider to whom the records are to be delivered. All reasonable
costs, not exceeding actual costs, incurred by a health care provider
in providing copies pursuant to this subdivision may be charged to
the patient or representative requesting the copies.
(d) This section shall not be construed to preclude a health care
provider from requiring reasonable verification of identity prior to
permitting inspection or copying of patient records, provided this
requirement is not used oppressively or discriminatorily to frustrate
or delay compliance with this section. Nothing in this division
shall be deemed to supersede any rights which a patient or
representative might otherwise have or exercise under Section 1158 of
the Evidence Code or any other provision of law. Nothing in this
division shall require a health care provider to retain records
longer than required by applicable statutes or administrative
regulations.
(e) This division shall not be construed to render a health care
provider liable for the quality of his or her records or the copies
provided in excess of existing law and regulations with respect to
the quality of medical records. A health care provider shall not be
liable to the patient or any other person for any consequences which
result from disclosure of patient records as required by this
division. A health care provider shall not discriminate against
classes or categories of providers in the transmittal of X-rays or
other patient records, or copies of these X-rays or records, to other
providers as authorized by this section.
Every health care provider shall adopt policies and establish
procedures for the uniform transmittal of X-rays and other patient
records that effectively prevent the discrimination described in this
subdivision. A health care provider may establish reasonable
conditions, including a reasonable deposit fee, to ensure the return
of original X-rays transmitted to another health care provider,
provided the conditions do not discriminate on the basis of, or in a
manner related to, the license of the provider to which the X-rays
are transmitted.
(f) Any health care provider described in paragraphs (4) to (10),
inclusive, of subdivision (a) of Section 1795.10 who willfully
violates this division is guilty of unprofessional conduct. Any
health care provider described in paragraphs (1) to (3), inclusive,
of subdivision (a) of Section 1795.10 that willfully violates this
division is guilty of an infraction punishable by a fine of not more
than one hundred dollars ($100). The state agency, board, or
commission which issued the health care provider's professional or
institutional license shall consider a violation as grounds for
disciplinary action with respect to the licensure, including
suspension or revocation of the license or certificate.
(g) This section shall be construed as prohibiting a health care
provider from withholding patient records or summaries of patient
records because of an unpaid bill for health care services. Any
health care provider who willfully withholds patient
records or summaries of patient records
because of an unpaid bill for health care services shall be subject
to the sanctions specified in subdivision (f).
SEC. 62. Section 13220 of the Health and Safety Code is amended to
read:
13220. (a) The owner or operator of any of the following
buildings shall provide to persons entering those buildings specific
emergency procedures to be followed in the event of fire, including
procedures for handicapped and nonambulatory persons:
(1) A privately owned high-rise structure, as defined in Section
13210.
(2) An office building two stories or more in height.
(3) An apartment house two stories or more in height that contains
three or more dwelling units, and where the front door opens into an
interior hallway or an interior lobby area.
(4) A hotel or motel.
(b) In the case of apartment houses, if more than 25 percent of
the occupants do not read English, the owner or operator shall
provide the emergency procedure information in any language, or
languages other than English, understood by at least 25 percent of
the occupants.
(c) In the case of hotels, motels, and apartment houses, the
emergency procedure information shall be posted in a conspicuous
place in every room available for rental in the hotel or motel, or
apartment house, or, at the option of the hotel or motel operator, or
apartment house owner, it shall be provided through the use of
brochures, pamphlets, videotapes, or other means pursuant to
regulations adopted by the State Fire Marshal.
(d) In the case of high-rise structures and office buildings, the
emergency procedure information shall be made available in an area of
the structure that is easily accessible to all persons entering the
structure, designated pursuant to the regulations of the State Fire
Marshal.
(e) In the case of apartment houses as described in paragraph (3)
of subdivision (a), this section shall become operative on July 1,
1995.
(f) An owner, operator, translator, or transcriber who provides
emergency procedure information pursuant to this section in good
faith and without gross negligence shall be held harmless for any
errors in the translation or transcription of that emergency
information. This limited immunity shall apply only to errors in the
translation or transcription and not to the providing of the
information required to be provided pursuant to this section.
SEC. 63. Section 17060.2 of the Health and Safety Code is amended
to read:
17060.2. (a) Notwithstanding any other provision of law, the
operator of employee housing shall provide a resident of every unit
in the employee housing with a written copy in English and Spanish of
every order or notice of violation issued by an enforcement agency
accompanied by an explanation of the owner's or operator's
anticipated response to the order or notice. Each notice shall also
advise the occupants of the right to a hardship deferral and the
procedure for obtaining this, as set forth in subdivision (c). These
copies may be provided by first-class mail or by posting a copy of
the notice in a prominent place on each residential unit.
(b) (1) (A) The enforcement agency shall not require the vacating
of all or any part of an accommodation unless it concurrently orders
the operator to provide for the relocation of the tenants consistent
with the requirements of Section 17062 prior to the date the vacating
is required and requires expeditious demolition or repair to comply
with this part, the building standards related to employee housing,
or other rules and regulations adopted pursuant to this part. Any
local government may, prior to January 1, 1994, enact a local
relocation ordinance that imposes requirements more stringent than
those contained in this section. The tenant or tenant association
may enforce the relocation remedies of this section, and the
enforcement agency, to the extent feasible, shall cooperate in these
efforts. The enforcement agency may require vacation and demolition
or itself vacate the building, repair or demolish the building, or
institute any other appropriate action or proceeding, if either of
the following occurs:
(i) The repair work is not done as scheduled or cannot be
completed within a reasonable period of time.
(ii) There is a significant threat to the residents' or public
health and safety.
(B) In any civil action brought by a private person or entity to
obtain relocation assistance pursuant to subparagraph (A), following
an enforcement agency's order to vacate all or any part of an
accommodation, and the failure to comply with the agency's order to
provide for the relocation of the tenants, the private person or
entity, if he, she, or it is the prevailing party, may be granted
reasonable attorney's fees and costs, in addition to any other remedy
granted.
(2) Prior to vacating and demolishing the accommodation, the
public agency shall exert every reasonable effort to obtain or cause
repairs. In addition, to the extent feasible, if the public entity
causes vacation of the accommodation, it shall cooperate in efforts
to obtain compensation from the owner or operator to compensate the
displaced residents for their relocation expenses, including rent
differentials.
(c) The enforcement agency or a court of competent jurisdiction
may, in cases of extreme hardship to tenants of employee housing,
provide for deferral of the effective date of orders of abatement.
Any deferral of the effective date of any order of abatement shall
include conditions, including, but not limited to, payment of rent to
an appropriate receiver, which will ensure progress towards
correcting defects, or assist in relocation of tenants prior to
closure of the employee housing.
SEC. 64. 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 which may be certified shall 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 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 25200.3, or
conditional exemption pursuant to Section 25201.5, 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
25200.3 or conditional exemption pursuant to Section 25201.5. 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.
(3) In determining the placement of a technology certified
pursuant to this section for operation pursuant to permit-by-rule or
pursuant to a grant of conditional authorization under Section
25200.3 or conditional exemption under Section 25201.5, the
department shall, to the extent information is available, consider
all the following factors in making its determination:
(A) The hazardous waste streams that are treated using the
treatment methods and the hazards to health or safety or the
environment posed by those hazardous wastes and their hazardous
constituents.
(B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
(C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which these hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
(D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
(E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
(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 which is not hazardous to
human health and safety or to the environment.
(j) The department shall adopt regulations to implement the
certification process.
SEC. 65. Section 25200.12 of the Health and Safety Code is amended
to read:
25200.12. A modification to an offsite facility operating under
interim status pursuant to Section 25200.5 that requires a revised
Part A application pursuant to Article 4 (commencing with Section
66270.40) of Chapter 20 of Division 4.5 of Title 22 of the California
Code of Regulations, as that article read on January 1, 1992, is a
discretionary project for purposes of subdivision (a) of Section
21080 of the Public Resources Code and is subject to the requirements
of Division 13 (commencing with Section 21000) of the Public
Resources Code, unless the modification is otherwise excluded from
that division pursuant to paragraphs (2) to (15), inclusive, of
subdivision (b) of Section 21080 of the Public Resources Code.
SEC. 66. Section 25396 of the Health and Safety Code is amended to
read:
25396. Unless the context indicates otherwise, the following
definitions govern the construction of this chapter.
(a) "Affected community" means the local residents or workers
living or working, and owners of businesses operating, in proximity
to the site, who are, or may be, directly impacted by the conditions
at the site, or by any response action. "Affected community" also
includes the legislative body of the jurisdiction in which a site is
located.
(b) "Agency" means the California Environmental Protection Agency.
(c) "Arbitration panel" means the arbitration panel convened
pursuant to Section 25398.10.
(d) "Beneficial uses of water" means uses of the waters of the
state that are identified in the current State Water Resources
Control Board and regional water quality control boards' water
quality control plans for the area in which the site is located.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Engineering controls" means measures to control or contain
migration of hazardous substances or to prevent, minimize or mitigate
environmental damage which may otherwise result from a release or
threatened release, including, but not limited to, caps, covers,
dikes, trenches, leachate collection systems, treatment systems, and
groundwater containment systems or procedures.
(g) "Federal act" means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, (42 U.S.C. Sec.
9601 et seq.).
(h) "Fund administrator" means the state officer assigned the
responsibility of protecting the viability of the trust fund as the
representative of the state for the orphan share in all actions
concerning apportionment of liability if there is a potential
apportionment of liability to the orphan share for payment from the
trust fund.
(i) "Hazardous substance" shall have the same meaning as set forth
in Sections 25316 and 25317.
(j) (1) "Insolvent" means a person or entity who has received a
discharge of liability under Section 727, 944, or 1141 of Title 11 of
the United States Code, for pre-petition response costs relating to
a site selected for response actions pursuant to this chapter.
(2) Notwithstanding paragraph (1), a person or entity is not
insolvent with respect to any payment that the department receives or
will receive for any pre-petition response costs as a result of the
bankruptcy, or with respect to any post-petition response costs.
(k) "Interim endangerment" means conditions at a site which pose a
significant risk either of harm to human health or of serious
environmental damage unless immediate response action is initiated
before remedial action measures set forth in a remedial action plan
prepared for the site are implemented.
(l) "Land use controls" means recorded instruments restricting the
present and future uses of the site, including, but not limited to,
recorded easements, covenants, restrictions or servitudes, or any
combination thereof, as appropriate. Land use controls shall run
with the land from the date of recordation, shall bind all of the
owners of the land, and their heirs, successors, and assignees, and
the agents, employees, and lessees of the owners, heirs, successors,
and assignees, and shall be enforceable by the department pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5.
(m) "Orphan share" means that share of liability for the costs of
response actions apportioned to responsible persons who are insolvent
or cannot be identified or located. The department may adopt
regulations to further define a process to determine when a
responsible person cannot be identified or located.
(n) "Person" shall have the same meaning as set forth in Section
25319.
(o) "Planned use" means the reasonably expected future land uses
based on all of the following factors:
(1) The land use history of the site and surrounding properties,
the current land uses of the site and surrounding properties and
recent development patterns in the area where the site is located.
(2) Land use designations at the site and surrounding properties,
including current and likely future zoning and local land use plans
and the presence, if any, of groundwater and surface water recharge
areas.
(3) The potential for economic redevelopment.
(4) Current plans for the site by the property owner or owners.
(5) Affected community comments on the proposals for use of the
site.
(p) "Release" has the same meaning as set forth in Sections 25320
and 25321.
(q) "Remedy" or "remedial action" means actions that are necessary
to prevent, minimize, or mitigate damage that may result from a
release or threatened release of a hazardous substance and that, when
carried through to completion, allow a site to be permanently used
for its planned use without any significant risk to human health or
any significant potential for future environmental damage. "Remedy"
or "remedial action" includes, but is not limited to, all of the
following:
(1) Actions at the location of the release, such as storage,
confinement, perimeter protection using dikes, trenches, or ditches,
clay cover, neutralization, cleanup of released hazardous substances
and associated contaminated materials, recycling, reuse, diversion,
destruction, or segregation of reactive wastes, dredging, excavation,
repair, or replacement of leaking containers, collection of leachate
and runoff, onsite treatment or incineration, provision of
alternative water supplies, and any monitoring reasonably required to
ensure that these actions protect the public health and the
environment.
(2) The costs of permanent relocation of residents and businesses
and community facilities where the Governor determines that, alone or
in combination with other measures, this relocation is more
cost-effective than, and environmentally preferable to, the
transportation, storage, treatment, destruction, or secure
disposition offsite of hazardous substances, or may otherwise be
necessary to protect the public health.
(3) Offsite transport and offsite storage, treatment, destruction,
or secure disposition of hazardous substances and associated
contaminated materials.
(r) "Remove" or "removal" means the cleanup or removal of released
hazardous substances from the environment, those actions which may
be necessarily taken in the event of the threat or release of
hazardous substances into the environment, those actions which may be
necessary to monitor, assess, and evaluate the release, or threat of
release, of hazardous substances, the disposal of removed material,
and the taking of other actions which may be necessary to prevent,
minimize, or mitigate damage to the public health or the environment,
which may otherwise result from a release or threat of release.
"Remove" or "removal" also includes, but is not limited to, security
fencing or other measures to limit access, provision of alternative
water supplies, and temporary evacuation and housing of threatened
individuals not otherwise provided.
(s) "Respond," "response," or "response action" means removal
actions, and remedial actions, including, but not limited to,
operation and maintenance measures.
(t) "Response costs" means all costs incurred by the state or any
responsible person in taking response actions under this chapter,
including costs incurred by any state agency in implementing and
administering this chapter and in overseeing response actions under
this chapter. These costs shall include all costs incurred by the
state in relation to any judicial review of a decision of an
arbitration panel pursuant to subdivision (e) of Section 25398.10 or
any arbitration conducted pursuant to this chapter.
(u) "Responsible person" has the same meaning as set forth in
Section 25323.5 for "responsible party" or "liable person."
(v) "Secretary" means the Secretary for Environmental Protection.
(w) "Site" means any building, structure, installation, equipment,
pipe or pipeline (including any pipe into a sewer or publicly owned
treatment works), well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or
aircraft, or any area where a hazardous substance has been deposited,
stored, disposed of, or placed, or otherwise come to be located; but
does not include any consumer product in consumer use or any vessel.
(x) "Site Designation Committee" or "committee" means the Site
Designation Committee created pursuant to Section 25261.
(y) "State board" means the State Water Resources Control Board.
(z) "Trust fund" means the Expedited Site Remediation Trust Fund
created pursuant to subdivision (a) of Section 25399.1.
SEC. 67. Section 25501.2 of the Health and Safety Code is amended
to read:
25501.2. For purposes of the inventory requirements of this
chapter, "store," as used in subdivision (i) of Section 25501, does
not include the storage of hazardous materials which are in transit
or which are temporarily maintained in a fixed facility for a period
of less than 30 days during the course of transportation.
SEC. 68. Section 25501.4 of the Health and Safety Code is amended
to read:
25501.4. (a) Notwithstanding subdivision (d) of Section 25501,
"business" also includes the federal government, to the extent
authorized by federal law, or any agency, department, office, board,
commission, or bureau of state government, including, but not limited
to, the campuses of the California Community Colleges, the
California State University, and the University of California.
(b) Notwithstanding subdivision (d) of Section 25505, and except
as provided in subdivision (c), any public agency which is a business
pursuant to subdivision (a) shall be in compliance with this chapter
on or before January 1, 1990.
(c) From January 1, 1990, to January 1, 1992, the campuses of the
California Community Colleges, the California State University, and
the University of California are not required to include in their
annual inventory, prepared pursuant to Section 25509, any quantity of
a hazardous material which is handled in quantities less than the
quantities specified in subdivision (a) of Section 25503.5. The
campuses of the California Community Colleges, the California State
University, and the University of California shall, until January 1,
1992, post signs in accordance with the standards and orders adopted
by the Occupational Safety and Health Standards Board pursuant to
Section 142.3 of the Labor Code.
SEC. 69. Section 33320.7 of the Health and Safety Code is amended
to read:
33320.7. (a) Notwithstanding Section 21090 of the Public
Resources Code, the Inland Valley Development Agency may determine at
a noticed public hearing that the amendment of a redevelopment plan
for the Norton Air Force Base Redevelopment Project Area pursuant to
this chapter is not subject to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code), except that projects implementing the redevelopment
plan, including specific plans, rezonings, and ministerial projects
that may have a significant effect on the environment, shall be
subject to the California Environmental Quality Act. The
environmental document for any implementing project shall include an
analysis and mitigation of potential cumulative impacts that
otherwise will not be known until an environmental impact report for
the redevelopment plan is certified.
(b) The notice of the public hearing required pursuant to
subdivision (a) shall include the date, time, and place of the
hearing, a brief description of the proposed project and its
location, the date when notice will be provided pursuant to Section
21092 of the Public Resources Code, and the address where copies of
the notice of exemption are available for review.
(c) The notice required by this section shall be given to all
organizations and individuals who have previously requested notice
pursuant to the California Environmental Quality Act, and shall be
given by publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project.
(d) If the Inland Valley Development Agency determines, pursuant
to subdivision (a), that the amendment of a redevelopment plan is not
subject to the California Environmental Quality Act, the
redevelopment agency shall prepare and certify an environmental
impact report for the redevelopment plan amendment within 12 months
after the effective date of the ordinance amending the redevelopment
plan.
(e) An environmental impact report prepared and certified for a
specific plan or other comprehensive land use plan for the applicable
portion of the Inland Valley Redevelopment Project Area shall
satisfy the requirement of subdivision (d) if the plan covers the
same area and project as the amendment to the redevelopment plan and
is certified within 12 months after the effective date of the
ordinance amending the redevelopment plan.
(f) The redevelopment agency shall revise the redevelopment plan
if necessary to mitigate any impacts and comply with the California
Environmental Quality Act and adopt mitigation measures as conditions
of project approval.
(g) This section shall only apply to a redevelopment plan
amendment approved on or before September 1, 1995.
SEC. 70. A heading is added as Article 2 (commencing with Section
33492.50) of Chapter 4.5 of Part 1 of Division 24 of the Health
and Safety Code, to read:
Article 2. Castle Air Force Base Redevelopment Project Area
SEC. 71. The heading of Article 4 (commencing with Section
33492.70) of Chapter 4.5 of Part 1 of Division 24 of the Health and
Safety Code, as added by Chapter 146 of the Statutes of 1994, is
repealed: )
SEC. 72. Section 33492.70 of the Health and Safety Code, as added
by Chapter 146 of the Statutes of 1994, is amended and renumbered to
read:
33492.50. (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. 73. Section 33492.71 of the Health and Safety Code, as added
by Chapter 146 of the Statutes of 1994, is amended and renumbered to
read:
33492.51. (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. 74. Section 33492.73 of the Health and Safety Code, as added
by Chapter 146 of the Statutes of 1994, is amended and renumbered to
read:
33492.53. (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. 75. Section 33492.82 of the Health and Safety Code is amended
to read:
33492.82. (a) For purposes of this article, a blighted area
within the boundaries of March Air Force Base, as those boundaries
exist on January 1, 1995, is either one of the following:
(1) An area in which the combination of two or more of the
conditions set forth in subdivision (a) or (b) of Section 33492.83 is
so prevalent and so substantial that it causes a reduction of, or a
lack of, proper utilization of the area to an extent that constitutes
a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
(2) An area that contains one or more of the conditions described
in subdivision (b) of Section 33492.83, the effect of which is so
prevalent and so substantial that it causes a reduction of, or a lack
of, proper utilization of the area to an extent that constitutes a
serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise, or governmental action, or both, without redevelopment,
and is, in addition, characterized by the existence of inadequate
public improvements, public facilities, and utilities that cannot be
remedied by private or governmental action without redevelopment.
(b) For the purposes of this article, a blighted area outside the
boundaries of March Air Force Base, as those boundaries exist on
January 1, 1995, shall be an area that meets the requirements of
Section 33030.
SEC. 76. Section 33492.86 of the Health and Safety Code is amended
to read:
33492.86. (a) This section shall apply to a redevelopment project
area the territory of which includes March Air Force Base, that is
adopted pursuant to a redevelopment plan that contains the provisions
required by Section 33670, and that is adopted pursuant to this
chapter. The redevelopment agency shall make the payments to
affected school districts and community college districts required by
subdivision (a) of Section 33607.5, except that each of the time
periods governing the payments shall be calculated from the date the
county auditor makes the certification to the Director of Finance
pursuant to Section 33492.9 instead of from the first fiscal year in
which the agency receives tax-increment revenue.
(b) (1) Pursuant to Section 33492.3, the March Air Force Base
Project Area adopted pursuant to this article may include all, or any
portion of, property within the military base that the federal Base
Closure and Realignment Commission has voted to realign when that
action has been sustained by the President and the Congress of the
United States, regardless of the percentage of urbanized land, as
defined in Section 33320.1, within the military base.
(2) (A) Pursuant to Section 33492.3, the March Air Force Base
Project Area may include territory outside the military base. The
project area shall be entirely contained within a one-mile perimeter
of the boundaries of March Air Force Base, as those boundaries exist
on January 1, 1995. At no time shall the aggregate acreage of the
project area outside the boundaries of March Air Force Base, as those
boundaries exist on January 1, 1995, exceed 2 percent of the total
acreage contained within that one-mile perimeter, and these areas may
only be included in the project area upon a finding of benefit to
the March Air Force Base Project Area and with the concurrence of the
legislative bodies of the County of Riverside, the City of Moreno
Valley, the City of Perris, and the City of Riverside.
(B) The agency for the March Air Force Base Project Area may, with
the concurrence of the relevant legislative body pursuant to
subparagraph (B), pay for all or a part of the value of land and the
cost of the installation and construction of any structure or
facility or other improvement that is publicly owned outside the
jurisdiction of the agency, if the legislative body of the agency
determines both the following:
(i) That the structure, facility, or other improvement is of
benefit to the project area.
(ii) That no other reasonable means of financing the facilities,
structures, or improvements are available to the community.
(iii) That the payment of funds for the acquisition of land or the
cost of facilities, structures, or other improvements will assist in
the elimination of one or more blight conditions, as identified
pursuant to Section 33492.83, inside the project area, or provide
housing for low- or moderate-income persons.
(C) Concurrence of the relevant legislative body shall be
demonstrated by the adoption of an ordinance by the community where
the structure, facility, or other improvement is to be located which
authorizes the redevelopment of the area within its territorial
limits by the redevelopment agency for March Air Force Base Project
Area.
(D) All projects authorized by this subdivision shall be within
communities which are contiguous to the March Air Force Base Project
Area.
SEC. 77. Section 33492.87 of the Health and Safety Code is amended
to read:
33492.87. (a) (1) Notwithstanding Section 33334.2 or any other
provision of law, the redevelopment agency established or governed
pursuant to this article may annually defer the requirement to
allocate 20 percent of tax-increment revenue to the Low and Moderate
Income Housing Fund for a period of up to 5 years after the date on
which the county auditor makes the certification pursuant to Section
33492.9.
(2) The agency shall not defer its allocation in any year unless
it first adopts a finding based on substantial evidence that the
vacancy rate for rental housing affordable to lower income households
within the jurisdiction of the members of the agency is greater than
4 percent.
(3) The amount of the deferral, if any, shall be considered an
indebtedness of the agency and shall be paid into the Low and
Moderate Income Housing Fund no later than the end of the 10th fiscal
year after the date on which the county auditor makes the
certification pursuant to Section 33492.9. If the indebtedness is
not eliminated by the end of the 10th fiscal year, the county auditor
or controller shall, no later than March 15 of the 11th year,
withhold an amount equal to the indebtedness and deposit those funds
into a separate Low and Moderate Income Housing Fund for use by the
redevelopment agency to meet its affordable housing requirements
pursuant to this part.
(b) (1) Notwithstanding Section 33413, the redevelopment agency
shall not be required to replace barracks or dormitory-style housing
that is adaptively reused, demolished, or removed within the
boundaries of March Air Force Base.
(2) All other dwelling units demolished or removed by activities
of the redevelopment agency, or as part of a project pursuant to
written agreement with, or a project receiving financial assistance
from, the agency within the boundaries of March Air Force Base, shall
be replaced not later than 15 years after the demolition or removal
of the unit. Seventy-five percent of the replacement units shall be
affordable to very low, low-, and moderate-income households in the
same proportion as the weighted proportion of very low, low-, and
moderate-income housing units allocated by the regional fair share
allocation pursuant to Section 65584 of the Government Code for each
city and county that is a member of the March Joint Powers Authority.
The agency may receive credit toward the remaining 25 percent for
any dwelling units developed by entities other than the agency within
the territory of the March Joint Powers Authority members.
Replacement units shall be affordable for the longest feasible time,
but in no event less than the period of time equal to the total
duration of the redevelopment plan from adoption to expiration.
(3) Notwithstanding any other provision of law, the tax increment
funds and revenues of redevelopment agencies within the jurisdiction
of any of the cities or county that are members of the March Joint
Powers Authority, including low- and moderate-income housing funds of
those agencies, may be used for the development of low- and
moderate-income replacement units for any units removed or demolished
from within the boundaries of March Air Force Base and, if so used,
may be expended on replacement units developed outside the project
area of each respective agency.
(c) The agency may assign, upon approval of the affected
redevelopment agency, the obligation to replace units removed or
demolished from within the boundaries of the base. The area in which
units may be replaced may include any territory within the
boundaries of each city and county that is a member of the March
Joint Powers Authority.
SEC. 78. Section 33492.94 of the Health and Safety Code is amended
to read:
33492.94. (a) Notwithstanding Section 21090 of the Public
Resources Code, the redevelopment agency for the City of Vallejo or
the legislative body of the City of Vallejo may determine at a
noticed public hearing that the adoption of a redevelopment plan for
the Mare Island Redevelopment Project Area pursuant to this article
is not subject to the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code),
except that projects implementing the redevelopment plan, including
specific plans, rezonings, and ministerial projects that may have a
significant effect on the environment, shall be subject to the
California Environmental Quality Act. The environmental document for
any implementing project shall include an analysis and mitigation of
potential cumulative impacts that otherwise will not be known until
an environmental impact report for the redevelopment plan is
certified.
(b) The notice of the public hearing required pursuant to
subdivision (a) shall include the date, time, and place of the
hearing, a brief description of the proposed project and its
location, the date when notice will be provided pursuant to Section
21092 of the Public Resources Code, and the address where copies of
the notice of exemption are available for review.
(c) The notice required by this section shall be given to all
organizations that, and individuals who, have previously requested
notice pursuant to the California Environmental Quality Act, and
shall be given by publication, no fewer times than required by
Section 6061 of the Government Code, by the public agency in a
newspaper of general circulation in the area affected by the proposed
project.
(d) If the redevelopment agency for the City of Vallejo or the
legislative body of the City of Vallejo determines, pursuant to
subdivision (a), that the adoption of a redevelopment plan is not
subject to the California Environmental Quality Act, the
redevelopment agency shall prepare and certify an environmental
impact report for the redevelopment plan within 18 months after the
effective date of the ordinance adopting the redevelopment plan. An
environmental impact report prepared and certified jointly with the
preparation of the environmental impact statement by the federal lead
agency pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. Sec. 4321, et seq.) shall satisfy the requirement of this
subdivision.
SEC. 79. Section 33502 of the Health and Safety Code is amended to
read:
33502. The judgment shall determine the validity or invalidity
respectively of the matters specified in Section 33501. The judgment
shall be subject to being reopened under the provisions of Section
473 or Section 473a of the Code of Civil Procedure or otherwise only
within 90 days after the entry of the judgment and petitioner and any
person who has appeared in the special proceeding shall have the
right to move for a new trial under proper circumstances and upon
appropriate grounds and to appeal from the judgment.
SEC. 80. Section 40100.7 of the Health and Safety Code is amended
to read:
40100.7. (a) Section 40100.5 shall not apply to a county district
if each city in the county consents, by the adoption of an ordinance
or resolution, to the exclusion of the county district from the
requirements of Section 40100.5.
(b) Within 60 days from the date of the adoption of an ordinance
or resolution by all cities in the county to exclude the county
district from the requirements of Section 40100.5, if requested by a
majority of the cities in the county, the county district shall
establish an advisory committee consisting of a mayor, or a city
council member, from each city in the county. The members shall be
selected by the city selection committee.
(c) Subdivision (a) shall become inapplicable, and Section 40100.5
shall apply, if, at any time after the condition prescribed in
subdivision (a) has been met, a majority of the cities which contain
a majority of the population in the incorporated areas of the county,
as established by the most recent census data, have adopted
resolutions requesting the application of Section 40100.5.
SEC. 81. Section 40152.5 of the Health and Safety Code is amended
to read:
40152.5. (a) Section 40152 shall not apply to a unified district
if each city in the district consents, by the adoption of an
ordinance or resolution, to the exclusion of the district from the
requirements of Section 40152.
(b) Within 60 days from the date of the adoption of an ordinance
or resolution by all cities in the district to exclude the district
from the requirements of Section 40152, if requested by a majority of
the cities in the district, the district shall establish an advisory
committee consisting of a mayor, or a city council member, from each
city in the district. Each city shall select its representative to
the advisory committee.
(c) Subdivision (a) shall become inapplicable, and Section 40152
shall apply, if, at any time after the condition prescribed in
subdivision (a) has been met, a majority of the cities which contain
a majority of the population in the incorporated areas of the
district, as established by the most recent census data, have adopted
resolutions requesting the application of Section 40152.
SEC. 82. Section 40440.2 of the Health and Safety Code is amended
to read:
40440.2. (a) In addition to, and notwithstanding the requirements
of, Section 39616, all of the following shall be implemented as part
of the south coast district's market-based incentive program, the
Regional Clean Air Incentives Market, also known as RECLAIM:
(1) (A) On or before July 1, 1998, the south coast district staff
shall provide to the south coast district board a progress report
based on the annual audits specified in paragraph (3). The progress
report shall meet all of the following requirements:
(i) The data in the report for the nitrogen oxides RECLAIM program
shall be aggregated by three-digit SIC code and facility emission
rate to the extent feasible. The categories of emission rates shall
be under 4, 4 to 10, inclusive, 11 to 100, inclusive, and over 100
tons per year.
(ii) The data in the report for the sulfur oxides RECLAIM program
shall be aggregated by three-digit SIC code only to the extent
feasible.
(iii) In preparing the report, the south coast district shall
publish in an appendix all final data and model outputs, except that
it shall keep confidential any facility-specific information that is
obtained by either the south coast district, or any independent
contractor retained by the south coast district, in the course of
preparing the report.
(iv) Any publication of the data obtained from facilities by the
south coast district shall be in aggregate form only, as specified in
this subdivision. The south coast district board shall make the raw
data available to the public.
(B) The south coast district board shall receive public comment on
the progress report.
(C) The south coast district shall not lower the emission
threshold for mandatory participation in the RECLAIM program for
nitrogen oxides and sulfur oxides from the threshold that was
established on October 15, 1993, until the progress report is
completed and a public hearing on the report has been held, unless
the south coast district board finds, after a public hearing, that
there will be no adverse environmental or economic effects resulting
from a lowered emission threshold.
(2) On or before July 1, 1997, an advisory committee shall be
selected by the south coast district board. The advisory committee
shall serve for a maximum of one year, or until the report required
by paragraph (4) is made to the south coast district board, whichever
is later. The advisory committee shall be composed of the following
members:
(A) One representative from each of the following:
(i) A facility that participates in one or both of the
market-based incentive programs and emits more than 100 tons of
nitrogen oxides or sulfur oxides annually.
(ii) A facility that emits from 11 to 100 tons, inclusive, of
nitrogen oxides or sulfur oxides annually.
(iii) A facility that emits less than 10 tons of nitrogen oxides
or sulfur oxides annually.
(B) One representative from the south coast district staff, one
representative from the state board, and one representative from the
Environmental Protection Agency.
(C) One representative from a financial institution.
(D) One representative from an academic institution.
(E) One representative from a market commodities or securities
trading institution.
(F) One representative from an economic analysis research
institution.
(G) Two representatives from environmental organizations.
(H) One representative from each of the investor-owned energy
utilities serving the south coast district, and one representative
from a municipal energy utility representing the City of Los Angeles.
(I) One representative from a technical contractor specializing in
installation and certification of emissions monitoring equipment.
(J) One representative from an oil company.
(K) One representative from the aerospace industry.
(3) In addition to any other information required by subdivision
(e) of Section 39616, the south coast district shall annually perform
a detailed assessment of the program audit findings specified in
paragraph (1) of subdivision (b) of south coast district Rule 2015,
as adopted October 15, 1993.
(4) The advisory committee shall conduct a peer review of the
progress report to the south coast district board required pursuant
to paragraph (1). The advisory committee shall present its peer
review conclusions to the south coast district board as an
independent report concurrently
with the staff progress report. The advisory committee may
request staff support from the south coast district in conducting its
peer review and preparing the report.
SEC. 83. Section 40701.5 of the Health and Safety Code is amended
to read:
40701.5. (a) Funding for a district may be provided by, but is
not limited to, any one or any combination of the following sources:
(1) Grants.
(2) Subventions.
(3) Permit fees.
(4) Penalties.
(5) A surcharge or fee pursuant to Section 41081 or 44223 on motor
vehicles registered in the district.
(b) Expenses of a district that are not met by the funding sources
identified in subdivision (a), shall be provided by an annual per
capita assessment on those cities which have agreed to have a member
on the district board for purposes of Section 40100.5, 40152,
40322.5, 40704.5, or 40980 and on the county or counties included
within the district. Any annual per capita assessment imposed by the
district on those cities and counties included within the district
shall be imposed on an equitable per capita basis.
(c) Subdivision (b) does not apply to the San Joaquin Valley
Unified Air Pollution Control District or, if that unified district
ceases to exist, the San Joaquin Valley Air Quality Management
District, if that district is created.
SEC. 84. Section 40709.6 of the Health and Safety Code is amended
to read:
40709.6. (a) Increases in emissions of air pollutants at a
stationary source located in a district may be offset by emission
reductions credited to a stationary source located in another
district if both stationary sources are located in the same air basin
or, if not located in the same air basin, if both of the following
requirements are met:
(1) The stationary source to which the emission reductions are
credited is located in an upwind district that is classified as being
in a worse nonattainment status than the downwind district pursuant
to Chapter 10 (commencing with Section 40910).
(2) The stationary source at which there are emission increases to
be offset is located in a downwind district that is overwhelmingly
impacted by emissions transported from the upwind district, as
determined by the state board pursuant to Section 39610.
(b) The district, in which the stationary source to which emission
reductions are credited is located, shall determine the type and
quantity of the emission reductions to be credited.
(c) The district, in which the stationary source at which there
are emission increases to be offset is located, shall do both of the
following:
(1) Determine the impact of those emission reductions in
mitigation of the emission increases in the same manner and to the
same extent as the district would do so for fully credited emission
reductions from sources located within its boundaries.
(2) Adopt a rule or regulation to discount the emission reductions
credited to the stationary source in the other district. The
discount shall not be less than the emission reduction for offsets
from comparable sources located within the district boundaries.
(d) Any offset credited pursuant to subdivision (a) shall be
approved by a resolution adopted by the governing board of the upwind
district and the governing board of the downwind district. In
adopting a resolution pursuant to this subdivision, each governing
board shall consider the impact of the offset on air quality, public
health, and the regional economy.
SEC. 85. Section 43213 of the Health and Safety Code is amended to
read:
43213. Sections 43211 and 43212 shall be enforced by the state
board, and may be enforced by the Department of the California
Highway Patrol, the Department of Motor Vehicles, and the bureau.
SEC. 86. Section 43645 of the Health and Safety Code is amended to
read:
43645. Whenever the state board certifies a motor vehicle
pollution control device for the control of emissions of pollutants
from a particular source of emissions from motor vehicles for which
standards have been set by this part or by the state board, it shall
so notify the Department of Motor Vehicles, the Department of the
California Highway Patrol, and the bureau.
SEC. 87. Section 43655 of the Health and Safety Code is amended to
read:
43655. (a) The state board shall adopt, by regulation, schedules
of installation of certified devices to control exhaust emissions for
purposes of Section 43652, after consultation with the Department of
the California Highway Patrol, the Department of Motor Vehicles, and
the bureau.
(b) In establishing the schedules, the state board shall consider
all relevant factors, including, but not limited to, the burden of
enforcement on the Department of the California Highway Patrol, the
Department of Motor Vehicles, and the bureau, the need for rapid
installation of motor vehicle pollution control devices in order to
preserve and protect the public health, and the existing ambient air
quality in the air basins.
SEC. 88. Section 43701 of the Health and Safety Code is amended to
read:
43701. (a) Not later than July 15, 1992, the state board, in
consultation with the bureau and the review committee established
pursuant to subdivision (a) of Section 44021, shall, after a public
hearing, adopt regulations which require that owners or operators of
heavy-duty diesel motor vehicles perform regular inspections of their
vehicles for excessive emissions of smoke. The inspection
procedure, the frequency of inspections, the emission standards for
smoke, and the actions the vehicle owner or operator is required to
take to remedy excessive smoke emissions shall be specified by the
state board. Those standards shall be developed in consultation with
interested parties. The smoke standards adopted under this
subdivision shall not be more stringent than those adopted under
Chapter 5 (commencing with Section 44000).
(b) Not later than December 15, 1993, the state board shall, in
consultation with the State Energy Resources Conservation and
Development Commission, and after a public hearing, adopt regulations
which require that heavy-duty diesel motor vehicles subject to
subdivision (a) utilize emission control equipment and alternative
fuels. The state board shall consider, but not be limited to, the
use of cleaner burning diesel fuel, or other methods which will
reduce gaseous and smoke emissions to the greatest extent feasible,
taking into consideration the cost of compliance. The regulations
shall provide that any significant modification of the engine
necessary to meet these requirements shall be made during a regularly
scheduled major maintenance or overhaul of the vehicle's engine. If
the state board requires the use of alternative fuels, it shall do
so only to the extent those fuels are available.
(c) The state board shall adopt emissions standards and procedures
for the qualification of any equipment used to meet the requirements
of subdivision (b), and only qualified equipment shall be used.
SEC. 89. Section 43702 of the Health and Safety Code is amended to
read:
43702. (a) Any revenues received by the state board from any
variance fees imposed upon manufacturers who receive a variance from
the standards for the content of diesel fuel adopted by the state
board, which apply on and after October 1, 1993, shall be deposited
in the Diesel Fuel Trust Fund, which is hereby created in the State
Treasury. The money in the trust fund may be expended only upon
appropriation by the Legislature in accordance with subdivisions (b)
and (c).
(b) The money in the Diesel Fuel Trust Fund shall be expended to
reimburse owners of diesel fuel-powered engines and diesel
fuel-powered equipment for damage to fuel injection system elastomer
components which can be established as the result of the use of the
diesel fuel and which is damage that is not the responsibility of the
manufacturer.
(c) The state board shall develop and implement, by November 30,
1994, a reimbursement program to include all of the following:
(1) An application for reimbursement claims, to be submitted to
the state board, that requires documentation that supports a claim of
damage to diesel fuel injection system elastomer components. The
documentation shall consist of repair records from an authorized
engine repair business or fleet repair facility which verify that
diesel fuel injection system elastomer component damage occurred on
and after September 1, 1993, and that the failure occurred as the
result of diesel fuel which met the standards for the content of
diesel fuel adopted by the state board, which applied on and after
October 1, 1993.
(2) Claimants shall demonstrate evidence of ownership of a vehicle
or equipment for which damage is claimed by providing copies of
ownership records.
(3) Claimants with valid claims shall be reimbursed for the cost
of repairs up to a maximum amount for each of the following two
classes of vehicle or equipment, as follows:
(A) Owners of light-duty vehicles, small marine engines, and
stationary units, including, but not limited to, utility engines,
compressors, pumps, and generators, shall be reimbursed for damage
not exceeding four hundred fifty dollars ($450) for each claim.
(B) Owners of heavy-duty onroad vehicles and offroad agricultural
and construction equipment shall be reimbursed for damage not
exceeding five hundred fifty dollars ($550) for each claim.
(4) Claimants shall be limited to one claim for each vehicle or
equipment unit.
(5) The state board shall develop an audit component within the
reimbursement program to identify fraudulent claims.
(6) All applications for claims shall be postmarked not later than
midnight, March 1, 1995. Applications arriving after that deadline
are invalid and shall be returned to the sender.
(7) The state board shall not pay any claims until all claims have
been reviewed and the state board can make a reasonable estimate of
the total amount of valid claims. If the amount exceeds the amount
of money in the Diesel Fuel Trust Fund, reimbursement for valid
claims shall be prorated in each class specified in paragraph (3).
(8) The state board shall give notice of the reimbursement program
by publication in major newspapers of general circulation in the
state. That notice shall fully describe the reimbursement program,
including, but not limited to, the limits of reimbursement and the
possible proration of claims in the event that valid claims exceed
the amount of money in the Diesel Fuel Trust Fund.
(9) The state board may expend an amount not to exceed three
hundred thousand dollars ($300,000) from the Diesel Fuel Trust Fund
to administer the reimbursement program.
(10) The state board may contract with a private mediation firm to
review and adjudicate claims.
(11) The state board may adopt guidelines for administering the
reimbursement program after providing adequate opportunity for public
review and comment. Guidelines adopted by the state board pursuant
to this paragraph shall be exempt from Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) The Legislature hereby finds and declares that the
reimbursement program shall not be considered to be mitigation for
the impacts of the standards adopted by the state board for the
formulation of diesel fuel, and by the enactment of this section, the
state is not thereby assuming any responsibility for mitigating
impacts on operators of diesel vehicles or equipment arising from the
implementation of the standards. The Legislature further finds and
declares that the reimbursement program is a proper use of public
funds and serves a necessary public purpose.
SEC. 90. Section 44001.5 of the Health and Safety Code is amended
to read:
44001.5. (a) A duty of enforcing and administering this chapter
is vested in the chief of the bureau who is responsible to the
director.
(b) The department shall take those actions consistent with its
statutory authority to ensure that the reduction in vehicle emissions
of hydrocarbons, carbon monoxide, and oxides of nitrogen meet or
exceed the reductions required by the amendments enacted to the Clean
Air Act in 1990. The department shall endeavor to achieve these
vehicle emission reductions as expeditiously as practicable, but not
later than the deadlines established by the amendments enacted to
the Clean Air Act in 1990.
(c) The department shall also ensure that gross polluters are
identified and failed when tested pursuant to this chapter and that
vehicles meeting the state standards are protected from being falsely
failed.
(d) The department may exercise the emergency rulemaking powers in
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code in order to promptly issue any
regulations required to implement the 1994 amendments to this
chapter.
SEC. 91. Section 44017.5 of the Health and Safety Code is amended
to read:
44017.5. At the earliest possible date, as determined by the
bureau, the bureau shall implement at the referee stations, where
appropriate, an alternative workday schedule which substitutes
Saturday working hours in lieu of another day during the Monday
through Friday workweek, in order to provide for increased
availability of referee station services.
SEC. 92. Section 44036.8 of the Health and Safety Code is amended
to read:
44036.8. The data collected by the equipment used by a smog check
station, as required by regulations of the bureau, may be used by a
licensed smog check station technician or operator when appealing a
citation issued by the bureau.
SEC. 93. Section 44070 of the Health and Safety Code is amended to
read:
44070. (a) The department shall develop within the bureau, with
the advice and technical assistance of the state board, a public
information program for the purpose of providing information designed
to increase public awareness of the smog check program throughout
the state and emissions warranty information to motor vehicle owners
subject to an inspection and maintenance program required pursuant to
this chapter. The department shall provide, upon request, either
orally or in writing, information regarding emissions related
warranties and available warranty dispute resolution procedures.
(b) The telephone number and business hours, and the address if
appropriate, of the emissions warranty information program shall be
noticed on the vehicle inspection report provided by the test
analyzer system for any vehicle which fails the analyzer test.
SEC. 94. Section 44093 of the Health and Safety Code is amended to
read:
44093. The repair of high polluters under the program shall be
designed to offer repair cost assistance to qualified low-income
motor vehicle owners for vehicles that are in need of repairs to
obtain a certificate of compliance, as determined by the department.
SEC. 95. Section 52020 of the Health and Safety Code is amended to
read:
52020. (a) For purposes of a home financing program authorized by
this part, a city or county has the following powers and duties:
(1) To acquire, contract, and enter into advance commitments to
acquire, home mortgages made or owned by lending institutions at the
purchase prices and upon the other terms and conditions as shall be
determined by the city or county or other person as it may designate
as its agent, to make and execute contracts with lending institutions
for the origination and servicing of home mortgages and to pay the
reasonable value of services rendered under those contracts. Prior
to executing any contract with a lending institution, a city or
county shall adopt regulations establishing criteria for
qualification of lending institutions eligible to originate and
service home mortgages under home financing programs authorized by
this part and shall, with respect to each home financing program,
permit each qualified lending institution which transacts business in
the city or county the opportunity to participate in the program on
an equitable basis with other participating lending institutions.
Two or more cities in the same county, or a county and one or more
cities within the county, or two or more adjacent counties and any
number of cities within those counties may enter into an agreement to
join or cooperate with one another in the exercise jointly, or
otherwise, of any or all of their powers for the purpose of financing
home mortgages pursuant to this part with respect to property within
the boundaries of any one or more of the entities.
(2) To make loans to lending institutions under terms and
conditions which, in addition to other provisions as determined by
the city or county, require the lending institutions to use all of
the net proceeds thereof, directly or indirectly, for the making of
home mortgages in an aggregate principal amount equal to the amount
of the net proceeds.
(3) To establish, by rules or regulations, in resolutions relating
to any issuance of bonds or in any documents relating to the
issuance, standards and requirements applicable to the purchase of
home mortgages or the making of loans to lending institutions as the
city or county deems necessary or desirable to effectuate the
purposes of this part, which may include without limitation any of
the following:
(A) The time within which lending institutions are required to
make commitments and disbursements for home mortgages.
(B) The location and other characteristics of homes to be financed
by home mortgages.
(C) The terms and conditions of home mortgages to be acquired.
(D) The amounts and types of any insurance coverage required on
homes, home mortgages and bonds.
(E) The representations and warranties of lending institutions
confirming compliance with the standards and requirements.
(F) Restrictions as to interest rate and other terms of home
mortgages or the return realized therefrom by lending institutions.
(G) The type and amount of collateral security to be provided to
assure repayment of any loans from the city or county and to assure
repayment of bonds.
(H) Any other matters related to the purchase of home mortgages or
the making of loans to lending institutions as deemed relevant by
the city or county.
(4) To require from each lending institution from which home
mortgages are purchased or to which loans are made the submission of
evidence satisfactory to the city or county of the ability and
intention of the lending institution to make home mortgages, and the
submission, within the time specified by the city or county for
making disbursements for home mortgages, of evidence satisfactory to
the city or county of the making of home mortgages and of compliance
with any standards and requirements established by it.
(b) Each city or county which finances housing pursuant to this
part shall designate a person or entity to administer the program.
(c) Each city or county which finances housing pursuant to this
part shall adopt regulations establishing criteria for qualification
of persons and families, which may differ among different cities or
counties to reflect varying economic and housing conditions. In
developing this criteria, factors similar to the following shall be
taken into consideration:
(1) The amount of the income of the person or family that is
available for housing needs.
(2) The size of the household.
(3) The costs and condition of available housing.
(4) The eligibility of the persons or families for federal housing
assistance of any type.
(d) (1) Criteria for qualification of persons and families
pursuant to this section shall include a maximum household income,
which maximum shall not exceed the following:
(A) One hundred twenty percent of the median household income for
mortgages made for improving a home or for homes where the purchaser
will be the first occupant. Upon the resale of a home for which
financing was originally provided under this paragraph, the maximum
income of persons and families shall also be 120 percent of the
median household income.
(B) One hundred twenty percent of the median household income for
mortgages where the purchaser will not be the first occupant.
However, the city or county shall ensure that no less than 50 percent
of the funds allocated for home mortgages where the purchaser will
not be the first occupant shall be for households whose income does
not exceed 80 percent of that median household income. However, the
legislative body of the city or county may, by resolution, increase
this income limitation to 90 percent of median household income if
the legislative body finds that there are insufficient numbers of
creditworthy persons whose income does not exceed 80 percent of
median household income. The resolution is final and conclusive as
to the findings required by this paragraph.
(C) One hundred fifty percent of the median household income for
mortgages made for improving a home or for homes where the purchaser
will be the first occupant in any city, the entire area of which, or
in any county in which a portion of the county, is designated by the
United States Department of Commerce, Economic Development
Administration as a special impact area within a Title IV
redevelopment area, pursuant to Section 401 of the federal Public
Works and Economic Development Act of 1965, as amended, and which is
eligible for Urban Development Action Grant funds under the current
distress standards established for cities and counties by the
Secretary of the United States Department of Housing and Urban
Development pursuant to Section 119 of the Housing and Community
Development Act of 1974, if the homes purchased or improved are
situated within the boundaries of a special impact area as defined by
the Economic Development Administration, and that designation is in
effect on the date of sale of revenue bonds issued under this part.
(2) As used in this subdivision, "median household income" means
the highest of (A) statewide median household income, (B) countywide
median household income, or (C) median family income for an area, as
determined by the United States Department of Housing and Urban
Development, with respect to either a standard metropolitan
statistical area or an area outside of a standard metropolitan
statistical area.
(e) (1) Subdivision (d) shall not apply with respect to home
finance programs funded with amounts made available by the issuance
of revenue bonds that (1) for federal tax law purposes are bonds
refunding qualified mortgage bonds issued before January 1, 1987, and
(2) satisfy the requirements of subdivision (a) of Section 1313 of
the federal Tax Reform Act of 1986. With respect to these programs,
the maximum household income for qualification of persons and
families pursuant to this section shall be the following:
(A) One hundred fifty percent of the median household income for
mortgages made for improving a home or for homes where the purchaser
will be the first occupant. Upon the resale of a home for which
financing was originally provided under this paragraph, the maximum
income of persons and families shall also be 150 percent of the
median household income. For purposes of this paragraph, a mortgage
made for improving a home includes a home improvement loan as defined
in Section 143 of Title 26 of the United States Code.
(B) One hundred twenty percent of the median household income
where the purchaser will not be the first occupant. However, the
city or county shall ensure that no less than 20 percent of the funds
allocated for home mortgages where the purchaser will not be the
first occupant shall be for households whose income does not exceed
110 percent of that median household income. However, the
legislative body of the city or county may, by resolution, increase
this income limitation to 120 percent of the median household income
if the legislative body finds that there are insufficient numbers of
creditworthy persons whose income does not exceed 110 percent of the
median household income. The resolution is final and conclusive as
to the findings required by this paragraph. However, the finding
shall not be made by the legislative body before six months from the
date mortgages were first made under the program and only if
participating lenders have entered into an agreement with the city,
county, or city and county that lenders will advertise at least
monthly the availability of funds and will forfeit one-quarter of
their origination fees if they are unable to use 20 percent of the
funds to make mortgages to households whose income does not exceed
110 percent of the median income.
(C) One hundred fifty percent of the median household income for
mortgages made for improving a home or for homes where the purchaser
will be the first occupant in any city, the entire area of which, or
in any county in which a portion of the county, is designated by the
United States Department of Commerce, Economic Development
Administration as a special impact area within a Title IV
redevelopment area, pursuant to Section 401 of the federal Public
Works and Economic Development Act of 1965, as amended, and which is
eligible for Urban Development Action Grant funds under the current
distress standards established for cities and counties by the
Secretary of the United States Department of Housing and Urban
Development pursuant to Section 119 of the Housing and Community
Development Act of 1974, if the homes purchased or improved are
situated within the boundaries of a special impact area as defined by
the Economic Development Administration, and that designation is in
effect on the date of sale of revenue bonds issued under this part.
(2) As used in this subdivision, "median household income" means
the highest of (A) statewide median household income, (B) countywide
median household income, or (C) median family income for an area, as
determined by the United States Department of Housing and Urban
Development, with respect to either a standard metropolitan
statistical area or an area outside of a standard metropolitan
statistical area.
(f) Each city or county which finances housing pursuant to this
part shall require each mortgagor under the program to certify his or
her intention to occupy the home for a minimum of two years after
receiving a home mortgage, with appropriate exceptions in hardship
cases determined by the city or county.
(g) Each city and county may do any and all things necessary to
carry out the purposes and exercise the powers expressly granted by
this part.
SEC. 96. Section 11512.186 of the
Insurance Code is amended to read:
11512.186. (a) Upon written consent of the insured first obtained
with respect to a particular claim, every group nonprofit hospital
plan shall pay group insurance benefits contingent upon, or for
expenses incurred on account of, hospitalization or medical or
surgical aid to the person or persons furnishing the hospitalization
or medical or surgical aid, to the custodial parent (defined as the
parent or person having custody of an insured dependent child), or,
in the case of a Medi-Cal beneficiary, to the State Department of
Health Services, but the amount of any such payment shall not exceed
the amount of benefit provided by the policy with respect to the
service or billing of the provider of aid, and the amount of the
payments pursuant to one or more assignments shall not exceed the
amount of expenses incurred on account of the hospitalization or
medical or surgical aid. Payments so made shall discharge the
insurer's obligation with respect to the amount so paid.
(b) Nothing in this section shall be construed to authorize an
insurer to furnish or directly provide services of hospitals, or
psychiatric health facilities, as defined in Section 1250.2 of the
Health and Safety Code, or physicians and surgeons or psychologists
or in any manner to direct, participate in, or control the selection
of the hospital or health facility or physician and surgeon or
psychologist from whom the insured secures services or exercise
medical or dental or psychological professional judgment, except that
an insurer may negotiate and enter into contracts for alternative
rates of payment with institutional providers, and offer the benefit
of these alternative rates to insureds who select those providers.
(c) Alternatively, insurers may, by agreement with group
policyholders, limit payments under a policy to services secured by
insureds from institutional providers, and from professional
providers, charging alternative rates pursuant to contract with the
insurer.
(d) Pursuant to subdivision (c), when alternative rates of payment
to providers are applicable to contracts with group policyholders,
the contracts shall include programs for the continuous review of the
quality of care, performance of medical or psychological personnel
included in the plan, utilization of services and facilities, and
costs, by professionally recognized unrelated third parties utilizing
in the case of professional providers similarly licensed providers
for each medical, psychological, or dental service covered under the
plan and utilizing in the case of institutional providers appropriate
professional providers. All provisions of the laws of the state
relating to immunity from liability and discovery privileges for
medical, psychological, and dental peer review shall apply to the
licensed providers performing the foregoing activities.
SEC. 97. Section 11753.1 of the Insurance Code is amended to read:
11753.1. (a) Any person aggrieved by any decision, action, or
omission to act of a rating organization may request that the rating
organization reconsider the decision, action, or omission. If the
request for reconsideration is rejected or is not acted upon within
30 days by the rating organization, the person requesting
reconsideration may, within a reasonable time, appeal from the
decision, action, or omission of the rating organization. The appeal
shall be made to the commissioner by filing a written complaint and
request for a hearing specifying the grounds relied upon. If the
commissioner has information on the subject appealed from and
believes that probable cause for the appeal does not exist or that
the appeal is not made in good faith, the commissioner may deny the
appeal without a hearing. The commissioner shall otherwise hold a
hearing to consider and determine the matter presented by the appeal.
(b) Any insurer adopting a change in the classification
assignment of an employer that results in an increased premium shall
notify the employer in writing, or where the insurance was transacted
through an insurance agent or broker, the insurer shall notify the
agent or broker who shall notify the employer in writing of the
change and the reasons for the change. Any employer receiving this
notice shall have the right to request reconsideration and appeal the
reclassification pursuant to this section. The notice required by
this section shall inform the employer of his or her rights pursuant
to this section. No notification shall be required when the change
is a result of a regulation adopted by the Department of Insurance or
other action by or under the authority of the commissioner.
An insurer shall provide written notification of the revised
classification assignment to an employer within 30 days after
adoption.
SEC. 98. Section 12110 of the Insurance Code, as amended by
Chapter 454 of the Statutes of 1982, is amended and renumbered to
read:
12124. An incorporated insurer that does not issue fire, marine,
life, liability, workers' compensation, common carrier liability,
surety, title or mortgage policies but does issue other insurance
policies on a reserve basis shall be governed by the paid-in capital
and surplus requirements of Sections 700.01 to 700.05, inclusive.
SEC. 99. Section 12120 of the Insurance Code, as amended by
Chapter 1079 of the Statutes of 1976, is amended and renumbered to
read:
12125. (a) Subject to the provisions of this chapter, any insurer
admitted to transact any class of insurance in this state, other
than title insurance, mortgage insurance, or mortgage guaranty
insurance, may transact legal insurance if it has a minimum paid-in
capital and surplus of not less than one million dollars
($1,000,000), provided that the paid-in capital shall not be less
than five hundred thousand dollars ($500,000), notwithstanding the
paid-in capital and surplus requirements of Sections 700.01, 700.02,
10510, and 10511, respectively.
(b) Any insurer not admitted to transact any other class of
insurance in this state may be admitted to transact legal insurance
if it has the paid-in capital and surplus required by subdivision
(a).
(c) As used in this section, "surplus" means the excess of
admitted assets over the sum of (1) liabilities for losses reported,
expenses, taxes, and all other indebtedness and reinsurance of
outstanding risks as provided by law, and either (2) paid-in capital,
in the case of an insurer issuing or having outstanding shares of
capital stock, or (3) minimum paid-in capital required by this
section, in the case of any other insurer.
SEC. 100. Section 12121 of the Insurance Code, as amended by
Chapter 1161 of the Statutes of 1974, is amended and renumbered to
read:
12126. Group legal insurance shall mean that form of legal
insurance covering groups of persons as defined in this chapter with
or without one or more of their dependents and issued upon one of the
following bases:
(a) Under a policy issued to an employer insuring employees of the
employer;
(b) Under a policy issued to a labor union insuring members of the
union;
(c) Under a policy issued to the trustees of a fund established by
two or more employers in the same industry or by one or more labor
unions or by one or more employers and one or more labor unions,
which trustees shall be deemed the policyholder insuring employees of
the employers or members of the union;
(d) Under a policy issued to any other organization or combination
of organizations, incorporated or otherwise, (including professional
associations, trade associations, or other organizations) whose
members have common concerns or problems, or have joined together as
a means for bargaining for a particular position, or have voluntarily
formed or become members of an organization designed to perform a
service for its members, or any other substantially similar
organization, excluding an organization or combination of
organizations that is formed or maintained solely for the purposes of
obtaining insurance.
SEC. 102. Section 12122 of the Insurance Code, as amended by
Chapter 1161 of the Statutes of 1974, is amended and renumbered to
read:
12127. Group and individual legal insurance may be offered in
this state subject to all the following conditions:
(a) Premium rates shall comply with any pertinent standards in
this code, including the standards that rates not be excessive,
inadequate, or unfairly discriminatory. Rates for group legal
insurance shall not be deemed to be unfairly discriminatory because
different premiums result for policyholders with like loss exposures
but different expense factors, or like expense factors but different
loss exposures, so long as the rates reflect the difference with
reasonable accuracy. Rates shall not be considered to be unfairly
discriminatory if they are averaged broadly among persons insured
under a group legal insurance plan.
(b) No policy or certificate of legal insurance may be delivered
or issued for delivery in this state unless and until a copy of the
form thereof has been filed with the commissioner. However, this
subdivision shall apply only to an insurer for a two-year period
immediately following the date upon which it files its first policy
or certificate of legal insurance with the commissioner.
(c) No policy of group legal insurance may be delivered or issued
for delivery in this state unless it contains a provision that the
insurer shall issue to the person in whose name the policy is issued,
for delivery to each member of the insured group, a certificate
setting forth in a summary form a statement of the essential features
of the insurance coverage and to whom benefits thereunder are
payable. If dependents are included in the coverage, only one
certificate need be issued for each family unit. Any certificates
delivered to members of an insured group pursuant to this subdivision
shall be required to be "individualized" within the meaning of that
term as it is defined by Section 10270.63 only if members of the
group contribute to the payment of the legal insurance premiums.
SEC. 103. Section 12123 of the Insurance Code is amended and
renumbered to read:
12128. In every group legal insurance plan, the employer, labor
union, trustees, or other person to whom a group legal insurance plan
policy is issued shall be the policyholder for all purposes of
entering into, amending, or terminating any contract of legal
insurance, administering any legal insurance plan, and exercising any
voting rights to which the policyholder is entitled. If entitled to
vote at meetings of the insurer, such policyholder shall be entitled
to one vote.
SEC. 104. Section 12124 of the Insurance Code is amended and
renumbered to read:
12129. The provisions of this chapter shall be enforced by the
commissioner, and he may, after notice and public hearing, promulgate
such reasonable rules and regulations as are necessary to administer
this chapter.
SEC. 105. Section 1295 of the Labor Code is amended to read:
1295. (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply
to any of the following:
(1) Courses of training in vocational or manual training schools
or in state institutions.
(2) Apprenticeship training provided in an apprenticeship training
program established pursuant to Chapter 4 (commencing with Section
3070) of Division 3.
(3) Work experience education programs conducted pursuant to
either or both Section 29007.5 and Article 5.5 (commencing with
Section 5985) of Chapter 6 of Division 6 of the Education Code,
provided that the work experience coordinator determines that the
students have been sufficiently trained in the employment or work
otherwise prohibited by these sections, if parental approval is
obtained, and the principal or the counselor of the student has
determined that the progress of the student toward graduation will
not be impaired.
(b) Section 1294.1 shall not apply to the following persons as
provided by Section 570.72 of Title 29 of the Code of Federal
Regulations:
(1) Student-learners in a bona fide vocational agriculture program
working in the occupations specified in paragraph (1) of subdivision
(a) of Section 1294.1 under a written agreement that provides that
the student-learner's work is incidental to training, intermittent,
for short periods of time, and under close supervision of a qualified
person, and includes all of the following:
(A) Safety instructions given by the school and correlated with
the student-learners's on-the-job training.
(B) A schedule of organized and progressive work processes for the
student-learner.
(C) The name of the student-learner.
(D) The signature of the employer and a school authority, each of
whom must keep copies of the agreement.
(2) Minors 14 or 15 years of age who hold certificates of
completion of either a tractor operation or a machine operation
program and who are working in the occupations for which they have
been trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificates of completion on file with the minor's
records.
(3) Minors 14 and 15 years old who hold certificates of completion
of either a tractor operation or a machine operation program of the
United States Office of Education Vocational Agriculture Training
Program and are working in the occupations for which they have been
trained. These certificates are valid only for the occupations
specified in paragraph (1) of subdivision (a) of Section 1294.1.
Farmers employing minors who have completed this program shall keep a
copy of the certificate of completion on file with the minor's
records.
SEC. 106. Section 1296 of the Labor Code is amended to read:
1296. The Division of Labor Standards Enforcement may, after a
hearing, determine whether any particular trade, process of
manufacture, or occupation, in which the employment of minors is not
already forbidden by law, or whether any particular method of
carrying on the trade, process of manufacture, or occupation is
sufficiently dangerous to the lives or limbs or injurious to the
health or morals of minors to justify their exclusion therefrom. No
minor shall be employed or permitted to work in any occupation thus
determined to be dangerous or injurious to minors. Any determination
hereunder may be reviewed by the superior court.
SEC. 107. Section 2350 of the Labor Code is amended to read:
2350. Every factory, workshop, mercantile or other establishment
in which one or more persons are employed, shall be kept clean and
free from the effluvia arising from any drain or other nuisance, and
shall be provided, within reasonable access, with a sufficient number
of toilet facilities for the use of the employees. When there are
five or more employees who are not all of the same gender, a
sufficient number of separate toilet facilities shall be provided for
the use of each sex, which shall be plainly so designated.
SEC. 108. Section 4800.5 of the Labor Code is amended to read:
4800.5. (a) Whenever any sworn member of the California Highway
Patrol is disabled by a single injury, excluding disabilities that
are the result of cumulative trauma or cumulative injuries, arising
out of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the
patrol, to leave of absence while so disabled without loss of salary,
in lieu of disability payments under this chapter, for a period of
not exceeding one year. This section shall apply only to members of
the California Highway Patrol whose principal duties consist of
active law enforcement and shall not apply to persons employed in the
Department of the California Highway Patrol whose principal duties
are those of telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise clearly not falling within the scope of active
law enforcement service, even though this person is subject to
occasional call or is occasionally called upon to perform the duties
of active law enforcement service.
(b) Benefits payable for eligible sworn members of the California
Highway Patrol whose disability is solely the result of cumulative
trauma or injury shall be limited to the period of temporary
disability or entitlement to maintenance allowance.
(c) This section shall not apply to periods of disability that
occur subsequent to termination of employment by resignation,
retirement, or dismissal. When this section does not apply, the
employee shall be eligible for those benefits that would apply had
this section not been enacted.
(d) The appeals board may determine, upon request of any party,
whether or not the disability referred to in this section arose out
of and in the course of duty. In any action in which a dispute
exists regarding the nature of the injury or the period of temporary
disability or entitlement to maintenance allowance, or both, and upon
the request of any party thereto, the appeals board shall determine
when the disability commenced and ceased, and the amount of benefits
provided by this division to which the employee is entitled during
the period of this disability. The appeals board shall have the
jurisdiction to award and enforce payment of these benefits, subject
to subdivision (a) or (b), pursuant to Part 4 (commencing with
Section 5300). A decision issued by the appeals board under this
section is final and binding upon the parties subject to the rights
of appeal contained in Chapter 7 (commencing with Section 5900) of
Part 4.
(e) This section shall apply for periods of disability commencing
on or after January 1, 1995.
SEC. 109. Section 6396 of the Labor Code is amended to read:
6396. (a) The Director of Industrial Relations shall protect from
disclosure any and all trade secrets coming into his or her
possession, as defined in subdivision (d) of Section 6254.7 of the
Government Code, when requested in writing or by appropriate stamping
or marking of documents by the manufacturer or producer of a
mixture.
(b) Any information reported to or otherwise obtained by the
Director of Industrial Relations, or any of his or her
representatives or employees, which is exempt from disclosure under
subdivision (a), shall not be disclosed to anyone except an officer
or employee of the state or of the United States of America, in
connection with the official duties of that officer or employee under
any law for the protection of health, or to contractors with the
state and their employees if in the opinion of the director the
disclosure is necessary and required for the satisfactory performance
of a contract for performance of work in connection with this act.
(c) Any officer or employee of the state, or former officer or
employee, who by virtue of that employment or official position has
obtained possession of or has access to material the disclosure of
which is prohibited by this section, and who, knowing that disclosure
of the material is prohibited, knowingly and willfully discloses the
material in any manner to any person not entitled to receive it, is
guilty of a misdemeanor. Any contractor with the state and any
employee of that contractor, who has been furnished information as
authorized by this section, shall be considered to be an employee of
the state for purposes of this section.
(d) Information certified to by appropriate officials of the
United States, as necessarily kept secret for national defense
purposes, shall be accorded the full protections against disclosure
as specified by that official or in accordance with the laws of the
United States.
(e) (1) The director, upon his or her own initiative, or upon
receipt of a request pursuant to the California Public Records Act,
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) for the release of data submitted and
designated as a trade secret by an employer, manufacturer, or
producer of a mixture, shall determine whether any or all of the data
so submitted are a properly designated trade secret.
(2) If the director determines that the data is not a trade
secret, the director shall notify the employer, manufacturer, or
producer of a mixture by certified mail.
(3) The employer, manufacturer, or producer of a mixture shall
have 15 days after receipt of notification to provide the director
with a complete justification and statement of the grounds on which
the trade secret privilege is claimed. This justification and
statement shall be submitted by certified mail.
(4) The director shall determine whether the data are protected as
a trade secret within 15 days after receipt of the justification and
statement, or if no justification and statement is filed, within 30
days of the original notice, and shall notify the employer or
manufacturer and any party who has requested the data pursuant to the
California Public Records Act of that determination by certified
mail. If the director determines that the data are not protected as
a trade secret, the final notice shall also specify a date, not
sooner than 15 days after the date of mailing of the final notice,
when the data shall be available to the public.
(5) Prior to the date specified in the final notice, an employer,
manufacturer, or producer of a mixture may institute an action in an
appropriate superior court for a declaratory judgment as to whether
the data are subjected to protection under subdivision (a).
(f) This section does not authorize a manufacturer to refuse to
disclose information required pursuant to this chapter to the
director.
SEC. 110. Section 6404.5 of the Labor Code is amended to read:
6404.5. (a) The Legislature finds and declares that regulation of
smoking in the workplace is a matter of statewide interest and
concern. It is the intent of the Legislature in enacting this
section to prohibit the smoking of tobacco products in all (100
percent of) enclosed places of employment in this state, as covered
by this section, thereby eliminating the need of local governments to
enact workplace smoking restrictions within their respective
jurisdictions. It is further the intent of the Legislature to create
a uniform statewide standard to restrict and prohibit the smoking of
tobacco products in enclosed places of employment, as specified in
this section, in order to reduce employee exposure to environmental
tobacco smoke to a level that will prevent anything other than
insignificantly harmful effects to exposed employees, and also to
eliminate the confusion and hardship that can result from enactment
or enforcement of disparate local workplace smoking restrictions.
Notwithstanding any other provision of this section, it is the intent
of the Legislature that any area not defined as a "place of
employment" pursuant to subdivision (d) or in which the smoking of
tobacco products is not regulated pursuant to subdivision (e) shall
be subject to local regulation of smoking of tobacco products.
(b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products in an
enclosed space at a place of employment.
(c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular
basis has not acted knowingly or intentionally if he or she has taken
the following reasonable steps to prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or
structure, a sign stating "No smoking" shall be posted at each
entrance to the building or structure.
(B) Where smoking is permitted in designated areas of the building
or structure, a sign stating "Smoking is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
(2) Has requested, when appropriate, that a nonemployee who is
smoking refrain from smoking in the enclosed workplace.
For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejectment of a nonemployee from the place of
employment or (B) any requirement for making a request to a
nonemployee to refrain from smoking, under circumstances involving a
risk of physical harm to the employer or any employee.
(d) For purposes of this section, "place of employment" does not
include any of the following:
(1) Sixty-five percent of the guest room accommodations in a
hotel, motel, or similar transient lodging establishment.
(2) Areas of the lobby in a hotel, motel, or other similar
transient lodging establishment designated for smoking by the
establishment. Such an establishment may permit smoking in a
designated lobby area that does not exceed 25 percent of the total
floor area of the lobby or, if the total area of the lobby is 2,000
square feet or less, that does not exceed 50 percent of the total
floor area of the lobby. For purposes of this paragraph, "lobby"
means the common public area of such an establishment in which
registration and other similar or related transactions, or both, are
conducted and in which the establishment's guests and members of the
public typically congregate.
(3) Meeting and banquet rooms in a hotel, motel, other transient
lodging establishment similar to a hotel or motel, restaurant, or
public convention center, except while food or beverage functions are
taking place, including setup, service, and cleanup activities, or
when the room is being used for exhibit purposes. At times when
smoking is not permitted in such a meeting or banquet room pursuant
to this paragraph, the establishment may permit smoking in corridors
and prefunction areas adjacent to and serving the meeting or banquet
room if no employee is stationed in that corridor or area on other
than a passing basis.
(4) Retail or wholesale tobacco shops and private smokers'
lounges. For purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
(B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if no nonsmoking employees are present.
(6) Warehouse
facilities. For purposes of this paragraph, "warehouse facility"
means a warehouse facility with more than 100,000 square feet of
total floor space, and 20 or fewer full-time employees working at the
facility, but does not include any area within such a facility that
is utilized as office space.
(7) Gaming clubs, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "gaming club" means any gaming
club as defined in Section 19802 of the Business and Professions Code
or bingo facility as defined in Section 326.5 of the Penal Code that
restricts access to minors under 18 years of age.
(8) Bars and taverns, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "bar" or "tavern" means a
facility primarily devoted to the serving of alcoholic beverages for
consumption by guests on the premises, in which the serving of food
is incidental. "Bar or tavern" includes those facilities located
within a hotel, motel, or other similar transient occupancy
establishment. However, when located within a building in
conjunction with another use, including a restaurant, "bar" or
"tavern" includes only those areas used primarily for the sale and
service of alcoholic beverages. "Bar" or "tavern" does not include
the dining areas of a restaurant, regardless of whether alcoholic
beverages are served therein.
(9) Theatrical production sites, if smoking is an integral part of
the story in the theatrical production.
(10) Medical research or treatment sites, if smoking is integral
to the research and treatment being conducted.
(11) Private residences, except for private residences licensed as
family day care homes, during the hours of operation as family day
care homes and in those areas where children are present.
(12) Patient smoking areas in long-term health care facilities, as
defined in Section 1418 of the Health and Safety Code.
(13) Breakrooms designated by employers for smoking, provided that
all of the following conditions are met:
(A) Air from the smoking room shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking room shall not be
recirculated to other parts of the building.
(B) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
(C) The smoking room shall be located in a nonwork area where no
one, as part of his or her work responsibilities, is required to
enter. For purposes of this paragraph, "work responsibilities" does
not include any custodial or maintenance work carried out in the
breakroom when it is unoccupied.
(D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
(14) Employers with a total of five or fewer employees, either
full-time or part-time, may permit smoking where all of the following
conditions are met:
(A) The smoking area is not accessible to minors.
(B) All employees who enter the smoking area consent to permit
smoking. No one, as part of his or her work responsibilities, shall
be required to work in an area where smoking is permitted. An
employer who is determined by the division to have used coercion to
obtain consent or who has required an employee to work in the smoking
area shall be subject to the penalty provisions of Section 6427.
(C) Air from the smoking area shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking area shall not be
recirculated to other parts of the building.
(D) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made
applicable to specific types of business establishments by any other
paragraph of this subdivision or (ii) apply in lieu of any otherwise
applicable paragraph of this subdivision that has become inoperative.
(e) Paragraphs (13) and (14) of subdivision (d) shall not be
construed to require employers to provide reasonable accommodation to
smokers, or to provide breakrooms for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
of subdivision (d), until the earlier of the following:
(A) January 1, 1997.
(B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke to a level that will
prevent anything other than insignificantly harmful effects to
exposed employees or (ii) by the federal Environmental Protection
Agency establishing a standard for reduction of permissible exposure
to environmental tobacco smoke to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed
persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1997, smoking may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation
within two years following the date of adoption of the regulation.
An employer failing to achieve compliance with, or conformity to,
such a regulation within this two-year period shall prohibit smoking
in the gaming club, bar, or tavern until compliance or conformity is
achieved. If the Occupational Safety and Health Standards Board and
the federal Environmental Protection Agency both adopt regulations
specified in subparagraph (B) of paragraph (1) that are inconsistent,
the regulations of the Occupational Safety Standards Board shall be
no less stringent than the regulations of the federal Environmental
Protection Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before January 1, 1997, the exemptions
specified in paragraphs (7) and (8) of subdivision (d) shall be
inoperative on and after January 1, 1997, until such a regulation is
adopted. Upon adoption of such a regulation on or after January 1,
1997, smoking may thereafter be permitted in gaming clubs and in bars
and taverns, subject to full compliance with, or conformity to, the
standard in the regulation within two years following the date of
adoption of the regulation. An employer failing to achieve
compliance with, or conformity to, such a regulation within this
two-year period shall prohibit smoking in the gaming club, bar, or
tavern until compliance or conformity is achieved. If the
Occupational Safety and Health Standards Board and the federal
Environmental Protection Agency both adopt regulations specified in
subparagraph (B) of paragraph (1) that are inconsistent, the
regulations of the Occupational Safety and Health Standards Board
shall be no less stringent than the regulations of the federal
Environmental Protection Agency.
(g) The smoking prohibition set forth in this section shall
constitute a uniform statewide standard for regulating the smoking of
tobacco products in enclosed places of employment and shall
supersede and render unnecessary the local enactment or enforcement
of local ordinances regulating the smoking of tobacco products in
enclosed places of employment. Insofar as the smoking prohibition
set forth in this section is applicable to all (100 percent of)
places of employment within this state and, therefore, provides the
maximum degree of coverage, the practical effect of this section is
to eliminate the need of local governments to enact enclosed
workplace smoking restrictions within their respective jurisdictions.
(h) Nothing in this section shall prohibit an employer from
prohibiting smoking in an enclosed place of employment for any
reason.
(i) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment by local governments shall
be suspended only for as long as, and to the extent that, the (100
percent) smoking prohibition provided for in this section remains in
effect. In the event this section is repealed or modified by
subsequent legislative or judicial action so that the (100 percent)
smoking prohibition is no longer applicable to all enclosed places of
employment in California, local governments shall have the full
right and authority to enforce previously enacted, and to enact and
enforce new, restrictions on the smoking of tobacco products in
enclosed places of employment within their jurisdictions, including a
complete prohibition of smoking. Notwithstanding any other
provision of this section, any area not defined as a "place of
employment" or in which the smoking is not regulated pursuant to
subdivision (d) or (e), shall be subject to local regulation of
smoking of tobacco products.
(j) Any violation of the prohibition set forth in subdivision (b)
is an infraction subject to subdivision (d) of Section 17 of the
Penal Code and, notwithstanding Section 19.8 of the Penal Code, is
punishable by a fine not to exceed one hundred dollars ($100) for a
first violation, two hundred dollars ($200) for a second violation
within one year, and five hundred dollars ($500) for a third and for
each subsequent violation within one year. This subdivision shall be
enforced by local law enforcement agencies including, but not
limited to, local health departments, as determined by the local
governing body.
(k) Notwithstanding Section 6309, the division shall not be
required to respond to any complaint regarding the smoking of tobacco
products in an enclosed space at a place of employment, unless the
employer has been found guilty pursuant to subdivision (j) of a third
violation of subdivision (b) within the previous year.
(l) If any provision of this act or the application thereof to any
person or circumstances is held invalid, that invalidity shall not
affect other provisions or applications of the act that can be given
effect without the invalid provision of application, and to this end
the provisions of this act are severable.
SEC. 111. Section 986.1 of the Military and Veterans Code is
amended to read:
986.1. (a) If a veteran dies after filing an application for a
farm or a home, and the application setting forth the veteran's
eligibility and qualifications is subsequently approved, his or her
surviving spouse may, in the discretion of the department, succeed to
the veteran's rights under the application, and may be entitled to
the rights, privileges, and benefits under this article that would
have been the veteran's, but for his or her death. The contract of
purchase that the department otherwise would have made with the
veteran may be made with his or her surviving spouse.
(b) If a person was a member of the armed forces on active
military duty, entered active duty while in the State of California
and lived in this state for six months immediately preceding entry
into active duty and was killed in the line of duty while on active
duty, he or she shall be considered to be a "veteran" for the
purposes of this article, and his or her unremarried surviving spouse
may file an application, may be entitled to the same rights,
privileges, and benefits, and may contract with the department as
provided in the case of a surviving spouse under subdivision (a).
(c) If a member of the armed forces entered active military duty
while in the State of California, and lived in this state for six
months immediately preceding entry into active duty, and is being
held as a prisoner of war or has been designated by the armed forces
as missing in action, he or she shall be considered to be a "veteran"
for the purposes of this article, and his or her surviving spouse
may file an application, may be entitled to the same rights,
privileges, and benefits, and may contract with the department as
provided in the case of a surviving spouse under subdivision (a).
SEC. 112. Section 996.979 of the Military and Veterans Code is
amended to read:
996.979. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written reports
and the independent public accountant shall forward copies of the
reports to the Director of Veterans Affairs, the members of the
California Veterans Board, or, if that board is redesignated by the
Legislature as the California Veterans Advisory Board, the members of
the California Veterans Advisory Board, the appropriate policy
committees dealing with veterans affairs in the Senate and the
Assembly, and to the members of the Veterans' Finance Committee of
1943. The Division of Farm and Home Purchases shall reimburse the
independent public accountant for his or her services out of any
funds that the division may have available on deposit with the
Treasurer of the State of California.
SEC. 113. Section 996.993 of the Military and Veterans Code is
amended to read:
996.993. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written reports
and the independent public accountant shall forward copies of the
reports to the Director of Veterans Affairs, the members of the
California Veterans Board, the appropriate policy committees dealing
with veterans affairs in the Senate and the Assembly, and to the
members of the Veterans' Finance Committee of 1943. The Division of
Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 114. Section 997.009 of the Military and Veterans Code is
amended to read:
997.009. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written reports
and the independent public accountant shall forward copies of the
reports to the Director of Veterans Affairs, the members of the
California Veterans Board, the appropriate policy committees dealing
with veterans affairs in the Senate and the Assembly, and to the
members of the Veterans' Finance Committee of 1943. The Division of
Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 115. Section 998.009 of the Military and Veterans Code is
amended to read:
998.009. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written reports
and the independent public accountant shall forward copies of the
reports to the Director of Veterans Affairs, the members of the
California Veterans Board, the appropriate policy committees dealing
with veterans affairs in the Senate and the Assembly, and to the
members of the Veterans' Finance Committee of 1943. The Division of
Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 116. Section 998.029 of the Military and Veterans Code is
amended to read:
998.029. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written
reports, and the independent public accountant shall forward copies
of the reports to the Director of Veterans Affairs, the members of
the California Veterans Board, the appropriate policy committees
dealing with veterans affairs in the Senate and the Assembly, and to
the members of the Veterans' Finance Committee of 1943. The Division
of Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 117. Section 998.049 of the Military and Veterans Code is
amended to read:
998.049. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written
reports, and the independent public accountant shall forward copies
of the reports to the Director of Veterans Affairs, the members of
the California Veterans Board, the appropriate policy committees
dealing with veterans affairs in the Senate and the Assembly, and to
the members of the Veterans' Finance Committee of 1943. The Division
of Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 118. Section 998.060 of the Military and Veterans Code is
amended to read:
998.060. So long as any bonds authorized under this article may
be outstanding, the Director of Veterans Affairs shall cause to be
made at the close of each fiscal year, a survey of the financial
condition of the Division of Farm and Home Purchases, together with a
projection of the division's operations, that survey to be made by
an independent public accountant of recognized standing. The results
of the surveys and projections shall be set forth in written
reports, and the independent public accountant shall forward copies
of the reports to the Director of Veterans Affairs, the members of
the California Veterans Board, the appropriate policy committees
dealing with veterans affairs in the Senate and the Assembly, and to
the members of the Veterans' Finance Committee of 1943. The Division
of Farm and Home Purchases shall reimburse the independent public
accountant for his or her services out of any funds that the division
may have available on deposit with the Treasurer of the State of
California.
SEC. 119. The heading of Chapter 7 (commencing with Section 225)
of Title 8 of Part 1 of the Penal Code is repealed.
SEC. 120. Section 290 of the Penal Code is amended to read:
290. (a) (1) Every person described in paragraph (2), for the
rest of his or her life while residing in California, shall be
required to register with the chief of police of the city in which he
or she is domiciled, or the sheriff of the county if he or she is
domiciled in an unincorporated area, and, additionally, with the
chief of police of a campus of the University of California or the
California State University if he or she is domiciled upon the campus
or in any of its facilities, within 14 days of coming into any
county, city, or city and county in which he or she temporarily
resides or is domiciled for that length of time. The person shall be
required annually thereafter, within 10 days of his or her birthday,
to update his or her registration with the entities described in
this paragraph, including, verifying his or her address on a form as
may be required by the Department of Justice.
(2) The following persons shall be required to register pursuant
to paragraph (1):
(A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of subdivision (b) of Section 207, Section 220,
except assault to commit mayhem, or Section 243.4, paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261, or paragraph
(1) of subdivision (a) of Section 262 involving the use of force or
violence for which the person is sentenced to the state prison,
Section 264.1, 266, 266c, 266j, 267, 285, 286, 288, 288a, 288.5, or
289, subdivision (b), (c), or (d) of Section 311.2, Section 311.3,
311.4, 311.10, 311.11, or 647.6 or former Section 647a, subdivision
(d) of Section 647, or subdivision 1 or 2 of Section 314, or of any
offense involving lewd and lascivious conduct under Section 272, or
of any felony violation of Section 288.2; or any person who since
that date has been or is hereafter convicted of the attempt to commit
any of the above-mentioned offenses.
(B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
(D) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any federal or military
court, of any offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses described
in subparagraph (A).
(E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction that the person committed
the offense as a result of sexual compulsion or for purposes of
sexual gratification. The court shall state on the record the
reasons for its findings and the reasons for requiring registration.
(b) Any person who, after August 1, 1950, is released, discharged,
or paroled from a jail, state or federal prison, school, road camp,
or other institution where he or she was confined because of the
commission or attempted commission of one of the offenses specified
in subdivision (a) or is released from a state hospital to which he
or she was committed as a mentally disordered sex offender under
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code, shall, prior to
discharge, parole, or release, be informed of his or her duty to
register under this section by the official in charge of the place of
confinement or hospital, and the official shall require the person
to read and sign any form that may be required by the Department of
Justice, stating that the duty of the person to register under this
section has been explained to the person. The official in charge of
the place of confinement or hospital shall obtain the address where
the person expects to reside upon his or her discharge, parole, or
release and shall report the address to the Department of Justice.
The official in charge of the place of confinement or hospital shall
give one copy of the form to the person and shall send one copy to
the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place the
person expects to reside upon discharge, parole, or release. If the
conviction which makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency which
prosecuted the person; and one copy to the Department of Justice.
The official in charge of the place of confinement shall retain one
copy. All forms shall, if the conviction which makes the person
subject to this section is a felony conviction, be transmitted within
those times in order to be received by the local law enforcement
agency or agencies and prosecuting agency 30 days prior to the
discharge, parole, or release of the person.
(c) Any person who, after August 1, 1950, is convicted in this
state of the commission or attempted commission of any of the
offenses specified in subdivision (a) and who is released on
probation or discharged upon payment of a fine shall, prior to
release or discharge, be informed of the duty to register under this
section by the court in which the person has been convicted, and the
court shall require the person to read and sign any form that may be
required by the
Department of Justice, stating that the duty of the person to
register under this section has been explained to him or her. The
court shall obtain the address where the person expects to reside
upon release or discharge and shall report within three days the
address to the Department of Justice. The court shall give one copy
of the form to the person, send one copy to the Department of
Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a
ward of the court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of the offenses described in paragraph (3) shall be subject to
registration under the procedures of this section.
(2) Any person who, on or after January 1, 1995, is discharged or
paroled from a facility in another state that is equivalent to the
Department of the Youth Authority, to the custody of which he or she
was committed because of an offense which, if committed or attempted
in this state, would have been punishable as one or more of the
offenses described in paragraphs (3) and (4), shall be subject to
registration under the procedures of this section.
(3) The following offenses shall apply for the purpose of this
subdivision:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in Section 288 or 288.5, paragraph (1) of
subdivision (b) of, or subdivision (c) or (d) of, Section 286,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 288a, paragraph (2) of subdivision (a) of Section 261, or
subdivision (a) of Section 289.
(C) Any offense under Section 264.1 involving rape in concert with
force or fear of bodily injury or penetration by any foreign object
in concert with force or fear of bodily injury.
(4) Any person who is discharged or paroled from the Department of
the Youth Authority to the custody of which he or she was committed
after having been adjudicated a ward of the court pursuant to Section
602 of the Welfare and Institutions Code because of the commission
or attempted commission of the offense set forth in Section 647.6,
occurring on or after January 1, 1988, shall be subject to
registration under the procedures of this section.
(5) Prior to discharge or parole from the Department of the Youth
Authority, any person who is subject to registration shall be
informed of the duty to register under the procedures set forth in
this section. Department of the Youth Authority officials shall
transmit the required forms and information to the Department of
Justice.
(6) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register or has his or her records sealed under
the procedures set forth in Section 781 of the Welfare and
Institutions Code. This subdivision shall not be construed as
requiring the destruction of other criminal offender or juvenile
records relating to the case which are maintained by the Department
of Justice, law enforcement agencies, the juvenile court, or other
agencies and public officials unless ordered by a court under Section
781 of the Welfare and Institutions Code.
(e) (1) The registration shall consist of the following:
(A) A statement in writing signed by the person, giving
information as may be required by the Department of Justice.
(B) The fingerprints and photograph of the person.
(C) The license plate number of any vehicle owned by or registered
in the name of the person.
(2) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement, fingerprints,
photograph, and vehicle license plate number, if any, to the
Department of Justice.
(f) If any person who is required to register pursuant to this
section changes his or her residence address, the person shall
inform, in writing within 10 days, the law enforcement agency or
agencies with whom he or she last registered of the new address. The
law enforcement agency or agencies shall, within three days after
receipt of this information, forward it to the Department of Justice.
The Department of Justice shall forward appropriate registration
data to the law enforcement agency or agencies having local
jurisdiction of the new place of residence.
(g) (1) Any person who is required to register under this section
based on a misdemeanor conviction who willfully violates this section
is guilty of a misdemeanor punishable by imprisonment in a county
jail not exceeding one year.
(2) Notwithstanding paragraph (1), any person who has been
convicted of assault with intent to commit rape, oral copulation, or
sodomy under Section 220, any violation of Section 264.1 or 289 under
Section 220, any violation of Section 261, any offense defined in
paragraph (1) of subdivision (a) of Section 262 involving the use of
force or violence for which the person is sentenced to state prison,
or any violation of Section 264.1, 286, 288, 288a, 288.5, or 289, and
who is required to register under this section who willfully
violates this section is guilty of a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
(3) Any person required to register under this section based on a
felony conviction who willfully violates this section or who has a
prior conviction for the offense of failing to register under this
section and who subsequently and willfully commits that offense is,
upon each subsequent conviction, guilty of a felony and shall be
punished by imprisonment in the state prison for 16 months or two or
three years.
A person punished pursuant to this paragraph or paragraph (2)
shall be sentenced to serve a term of not less than 90 days nor more
than one year in a county jail. In no event does the court have the
power to absolve a person who willfully violates this section from
the obligation of spending at least 90 days of confinement in a
county jail and of completing probation of at least one year.
If the person has been sentenced to a term of imprisonment in the
state prison, the penalty described in this paragraph shall apply
whether or not the person has been released on parole or has been
discharged from parole.
(4) If, after discharge from parole, the person is convicted of a
felony as specified in this subdivision, he or she shall be required
to complete parole of at least one year, in addition to any other
punishment imposed under this subdivision. A person convicted of a
felony as specified in this subdivision may be granted probation only
in the unusual case where the interests of justice would best be
served. When probation is granted under this paragraph, the court
shall specify on the record and shall enter into the minutes the
circumstances indicating that the interests of justice would best be
served by the disposition.
(h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the parole authority, the Youthful Offender Parole
Board, or the court, as the case may be, shall order the parole or
probation of the person revoked. For purposes of this subdivision,
"parole authority" has the same meaning as described in Section 3000.
(i) Except as provided in Section 290.4, the statements,
photographs, and fingerprints required by this section shall not be
open to inspection by the public or by any person other than a
regularly employed peace officer or other law enforcement officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This
provision shall not apply to any person who is temporarily released
under guard from the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
(l) Every person who, prior to January 1, 1985, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 30
to 14 days. This notice shall be provided in writing by the
registering agency or agencies. Failure to receive this notification
shall be a defense against the penalties prescribed by subdivision
(g) if the person did register within 30 days.
SEC. 121. Section 290.3 of the Penal Code is amended to read:
290.3. (a) Every person who is convicted of any offense specified
in subdivision (a) of Section 290 shall, in addition to any
imprisonment or fine, or both, imposed for violation of the
underlying offense, be punished by a fine of two hundred dollars
($200) upon the first conviction or a fine of three hundred dollars
($300) upon the second and each subsequent conviction, unless the
court determines that the defendant does not have the ability to pay
the fine.
An amount equal to all fines collected pursuant to this
subdivision during the preceding month upon conviction of, or upon
the forfeiture of bail by, any person arrested for, or convicted of,
committing an offense specified in subdivision (a) of Section 290,
shall be transferred once a month by the county treasurer to the
Controller for deposit in the General Fund. Moneys deposited in the
General Fund pursuant to this subdivision shall be transferred by the
Controller as provided in subdivision (b).
(b) Out of the moneys deposited pursuant to subdivision (a) as a
result of second and subsequent convictions of Section 290, one-third
shall first be transferred to the Department of Justice Sexual
Habitual Offender Fund, as provided in paragraph (1) of this
subdivision. Out of the remainder of all moneys deposited pursuant
to subdivision (a), 50 percent shall be transferred to the Department
of Justice Sexual Habitual Offender Fund, as provided in paragraph
(1), 25 percent shall be transferred to the Department of Justice DNA
Testing Fund, as provided in paragraph (2), and 25 percent shall be
allocated equally to counties that maintain a local DNA testing
laboratory, as provided in paragraph (3).
(1) Those moneys so designated shall be transferred to the
Department of Justice Sexual Habitual Offender Fund created pursuant
to paragraph (5) of subdivision (b) of Section 11170 and, when
appropriated by the Legislature, shall be used for the purposes of
Chapter 9.5 (commencing with Section 13885) and Chapter 10
(commencing with Section 13890) of Title 6 of Part 4 for the purpose
of monitoring, apprehending, and prosecuting sexual habitual
offenders.
(2) Those moneys so designated shall be directed to the Department
of Justice and transferred to the Department of Justice DNA Testing
Fund, which is hereby created, for the exclusive purpose of testing
deoxyribonucleic acid (DNA) samples for law enforcement purposes.
The moneys in that fund shall be available for expenditure upon
appropriation by the Legislature.
(3) Those moneys so designated shall be allocated equally and
distributed quarterly to counties that maintain a local DNA testing
laboratory. Before making any allocations under this paragraph, the
Controller shall deduct the estimated costs that will be incurred to
set up and administer the payment of these funds to the counties.
Any funds allocated to a county pursuant to this paragraph shall be
used by that county for the exclusive purpose of testing DNA samples
for law enforcement purposes.
(c) Notwithstanding any other provision of this section, the
Department of Corrections or the Department of the Youth Authority
may collect a fine imposed pursuant to this section from a person
convicted of a violation of any offense listed in subdivision (a) of
Section 290, that results in incarceration in a facility under the
jurisdiction of the Department of Corrections or the Department of
the Youth Authority. All moneys collected by the Department of
Corrections or the Department of the Youth Authority under this
subdivision shall be transferred, once a month, to the Controller for
deposit in the General Fund, as provided in subdivision (a), for
transfer by the Controller, as provided in subdivision (b).
SEC. 122. Section 396 of the Penal Code, as added by Chapter 51 of
the Statutes of 1994 (First Extraordinary Session), is repealed.
SEC. 123. Section 396 of the Penal Code, as added by Chapter 52 of
the Statutes of 1994 (First Extraordinary Session), is amended to
read:
396. (a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil disturbances, some merchants have taken unfair
advantage of consumers by greatly increasing prices for essential
consumer goods and services. While the pricing of consumer goods and
services is generally best left to the marketplace under ordinary
conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential
consumer goods and services be prohibited. It is the intent of the
Legislature in enacting this act to protect citizens from excessive
and unjustified increases in the prices charged during or shortly
after a declared state of emergency for goods and services that are
vital and necessary for the health, safety, and welfare of consumers.
Further it is the intent of the Legislature that this section be
liberally construed so that its beneficial purposes may be served.
(b) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster declared by the President of the United States or the
Governor, or upon the declaration of a local emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster by the executive officer of any county, city, or city and
county, and for a period of 30 days following that declaration, it is
unlawful for any person, contractor, business, or other entity to
sell or offer to sell any consumer food items or goods, goods or
services used for emergency cleanup, emergency supplies, medical
supplies, home heating oil, building materials, housing,
transportation, freight, and storage services, or gasoline or other
motor fuels for a price of more than 10 percent above the price
charged by that person for those goods or services immediately prior
to the proclamation of emergency. However, a greater price increase
shall not be unlawful if that person can prove that the increase in
price was directly attributable to additional costs imposed on it by
the supplier of the goods, or directly attributable to additional
costs for labor or materials used to provide the services, provided
that in those situations where the increase in price is attributable
to additional costs imposed by the seller's supplier or additional
costs of providing the good or service during the state of emergency,
the price represents no more than 10 percent above the total of the
cost to the seller plus the markup customarily applied by the seller
for that good or service in the usual course of business immediately
prior to the onset of the state of emergency.
(c) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, or storm declared by the President
of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood, fire, riot, or
storm by the executive officer of any county, city, or city and
county, and for a period of 180 days following that declaration, it
is unlawful for any contractor to sell or offer to sell any repair or
reconstruction services or any services used in emergency cleanup
for a price of more than 10 percent above the price charged by that
person for those services immediately prior to the proclamation of
emergency. However, a greater price increase shall not be unlawful
if that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to the
additional costs imposed by the contractor's supplier or additional
costs of providing the service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business
immediately prior to the onset of the state of emergency.
(d) The provisions of this section may be extended for additional
30-day periods by a local legislative body or the California
Legislature if deemed necessary to protect the lives, property, or
welfare of the citizens.
(e) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not exceeding one year, or
by a fine of not more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(f) A violation of this section shall constitute an unlawful
business practice and an act of unfair competition within the meaning
of Section 17200 of the Business and Professions Code. The remedies
and penalties provided by this section are cumulative to each other,
the remedies under Section 17200 of the Business and Professions
Code, and the remedies or penalties available under all other laws of
this state.
(g) For the purposes of this section:
(1) "State of emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a state of emergency has been declared by the President of
the United States or the Governor of California.
(2) "Local emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a local emergency has been declared by the executive
officer or governing body of any city or county in California.
(3) "Consumer food item" means any article that is used or
intended for use for food, drink, confection, or condiment by a
person or animal.
(4) "Repair or reconstruction services" means services performed
by any person who is required to be licensed under the Contractors'
State License Law (Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code), for repairs to
residential or commercial property of any type that is damaged as a
result of a disaster.
(5) "Emergency supplies" includes, but is not limited to, water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(6) "Medical supplies" includes, but is not limited to,
prescription and nonprescription medications, bandages, gauze,
isopropyl alcohol, and antibacterial products.
(7) "Building materials" means lumber, construction tools,
windows, and anything else used in the building or rebuilding of
property.
(8) "Gasoline" means any fuel used to power any motor vehicle or
power tool.
(9) "Transportation, freight, and storage services" means any
service that is performed by any company that contracts to move,
store, or transport personal or business property or rents equipment
for those purposes.
(10) "Housing" means any rental housing leased on a month-to-month
term.
(11) "Goods" has the same meaning as defined in subdivision (c) of
Section 1689.5 of the Civil Code.
(h) Nothing in this section shall preempt any local ordinance
prohibiting the same or similar conduct or imposing a more severe
penalty for the same conduct prohibited by this section.
(i) Any business offering an item for sale at a reduced price
immediately prior to the proclamation of the emergency may use the
price at which they usually sell the item to calculate the price
pursuant to subdivision (b) or (c).
SEC. 124. Section 446.9 of the Penal Code is amended and
renumbered to read:
466.9. (a) Every person who possesses a code grabbing device,
with the intent to use it in the commission of an unlawful act, is
guilty of a misdemeanor.
(b) Every person who uses a code grabbing device to disarm the
security alarm system of a motor vehicle, with the intent to use the
device in the commission of an unlawful act, is guilty of a
misdemeanor.
(c) As used in this section, "code grabbing device" means a device
that can receive and record the coded signal sent by the transmitter
of a motor vehicle security alarm system and can play back the
signal to disarm that system.
SEC. 125. Section 626.85 of the Penal Code is amended to read:
626.85. (a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, unless the person is a parent or
guardian of a child attending that school and his or her presence is
during any school activity, or is a student at the school and his or
her presence is during any school activity, or has prior written
permission for the entry from the chief administrative officer of
that school, is guilty of a misdemeanor if he or she does any of the
following:
(1) Remains there after being asked to leave by the chief
administrative officer of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, sheriff, California
Highway Patrol officer, or California State Police officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1) of subdivision
(a).
(3) Has otherwise established a continued pattern of unauthorized
entry.
The provisions of this section shall not be utilized to impinge
upon the lawful exercise of constitutionally protected rights of
freedom of speech or assembly, or to prohibit any lawful act,
including picketing, strikes, or collective bargaining.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in the county jail for a period of
not more than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine not
exceeding one thousand dollars ($1,000), and the defendant shall not
be released on probation, parole, or any other basis until he or she
has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding one thousand dollars ($1,000), and the
defendant shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
(c) As used in this section:
(1) "Specified drug offender" means any person who, within the
immediately preceding three years, has a felony or misdemeanor
conviction of either:
(A) Unlawful sale, or possession for sale, of any controlled
substance, as defined in Section 11007 of the Health and Safety Code.
(B) Unlawful use, possession, or being under the influence of any
controlled substance, as defined in Section 11007 of the Health and
Safety Code, where that conviction was based on conduct which
occurred, wholly or partly, in any school building or upon any school
ground, or adjacent street, sidewalk, or public way.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same calendar year the defendant
came into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten to 12, inclusive.
(4) "School activity" means and includes any school session, any
extracurricular activity or event sponsored by or participated in by
the school, and the 30-minute periods immediately preceding and
following any such session, activity, or event.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place he or she will
be guilty of a crime.
SEC. 126. Section 647 of the Penal Code is amended to read:
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision
unless some act, in addition to the agreement, is done within
this state in furtherance of the commission of an act of prostitution
by the person agreeing to engage in that act. As used in this
subdivision, "prostitution" includes any lewd act between persons for
money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who loiters or wanders upon the streets or from place to place
without apparent reason or business and who refuses to identify
himself or herself and to account for his or her presence when
requested by any peace officer so to do, if the surrounding
circumstances are such as to indicate to a reasonable person that the
public safety demands this identification.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in such a condition that he or she is unable to exercise
care for his or her own safety or the safety of others, or by reason
of his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f) of this section, a
peace officer, if he or she is reasonably able to do so, shall place
the person, or cause him or her to be placed, in civil protective
custody. The person shall be taken to a facility, designated
pursuant to Section 5170 of the Welfare and Institutions Code, for
the 72-hour treatment and evaluation of inebriates. A peace officer
may place a person in civil protective custody with that kind and
degree of force which would be lawful were he or she effecting an
arrest for a misdemeanor without a warrant. No person who has been
placed in civil protective custody shall thereafter be subject to any
criminal prosecution or juvenile court proceeding based on the facts
giving rise to this placement. This subdivision shall not apply to
the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f) of this section.
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant thereof. As used in this subdivision, "loiter"
means to delay or linger without a lawful purpose for being on the
property and for the purpose of committing a crime as opportunity may
be discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure located thereon, without visible or
lawful business with the owner or occupant thereof.
(j) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control thereof.
(k) Anyone who looks through a hole into a bathroom with the
intent to invade the privacy of persons therein.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in the county jail for a period of not less than
45 days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in the county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in the county jail for at least 45 days. In no
event does the court have the power to absolve a person who violates
this subdivision from the obligation of spending at least 45 days in
confinement in the county jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each such previous conviction
shall be charged in the accusatory pleading. If two or more of these
previous convictions are found to be true by the jury, upon a jury
trial, or by the court, upon a court trial, or are admitted by the
defendant, the defendant shall be imprisoned in the county jail for a
period of not less than 90 days and shall not be eligible for
release upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 90 days in the county jail. In all
cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in the county jail for
at least 90 days. In no event does the court have the power to
absolve a person who violates this subdivision from the obligation of
spending at least 90 days in confinement in the county jail.
SEC. 127. Section 653l of the Penal Code is amended and renumbered
to read:
653x. (a) Any person who telephones the 911 emergency line with
the intent to annoy or harass another person is guilty of a
misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
six months, or by both the fine and imprisonment. Nothing in this
section shall apply to telephone calls made in good faith.
(b) An intent to annoy or harass is established by proof of
repeated calls over a period of time, however short, that are
unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person also
shall be liable for all reasonable costs incurred by any unnecessary
emergency response.
SEC. 128. Section 1122.5 of the Penal Code is amended to read:
1122.5. (a) The court, in its discretion, may, at each
adjournment of the court before the submission of the cause to the
jury, admonish the jury, whether permitted to be separate or kept in
charge of officers, that, on pain of contempt of court, no juror
shall, prior to discharge, accept, agree to accept, or benefit,
directly or indirectly, from any payment or other consideration for
supplying any information concerning the trial.
(b) In enacting this section, the Legislature recognizes that the
appearance of justice, and justice itself, may be undermined by any
juror who, prior to discharge, accepts, agrees to accept, or benefits
from valuable consideration for providing information concerning a
criminal trial.
SEC. 129. Section 1203.45 of the Penal Code is amended to read:
1203.45. (a) In any case in which a person was under the age of
18 years at the time of commission of a misdemeanor and is eligible
for, or has previously received, the relief provided by Section
1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4
or 1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of
18 at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
(b) This section applies to convictions which occurred before, as
well as those which occur after, the effective date of this section.
(c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of any local ordinance relating to operation,
standing, stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23152, 23153, or 23220.
(B) Violation of any local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in any case in which a person was
under the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
(f) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) A person who petitions for an order sealing a record under
this section may be required to reimburse the county for the actual
cost of services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined by
the county board of supervisors not to exceed one hundred twenty
dollars ($120), and to reimburse any city for the actual cost of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
city council not to exceed one hundred twenty dollars ($120).
Ability to make this reimbursement shall be determined by the court
using the standards set forth in paragraph (2) of subdivision (g) of
Section 987.8 and shall not be a prerequisite to a person's
eligibility under this section. The court may order reimbursement in
any case in which the petitioner appears to have the ability to pay,
without undue hardship, all or any portion of the cost for services
established pursuant to this subdivision.
SEC. 130. Section 1270.1 of the Penal Code is amended to read:
1270.1. Before any person who is arrested for a violent felony,
for a violation of Section 262, 273.5, or 646.9, or for a violation
of paragraph (1) of subdivision (e) of Section 243, may be released
on bail, in an amount that is either more or less than the amount
contained in the schedule of bail for the offense, or may be released
on his or her own recognizance, a hearing shall be held in open
court before the magistrate or judge. The prosecuting attorney shall
be given a two court-day written notice and an opportunity to be
heard on the matter. The hearing required by this section shall be
held within the time period prescribed in Section 825.
If the judge or magistrate sets the bail in an amount which is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record.
As used in this section, "violent felony" means any crime
specified in subdivision (c) of Section 667.5.
SEC. 131. Section 2933.6 of the Penal Code is amended to read:
2933.6. (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn work
credits or good behavior credits during the time he or she is in the
Security Housing Unit or the Administrative Segregation Unit for that
misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.
SEC. 132. Section 4011.2 of the Penal Code is amended to read:
4011.2. (a) Notwithstanding Section 4011.1, a sheriff, chief or
director of corrections, or chief of police is authorized to charge a
fee in the amount of three dollars ($3) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.
(b) The fee shall be charged to the inmate's personal account at
the facility. If the inmate has no money in his or her personal
account, there shall be no charge for the medical visit.
(c) An inmate shall not be denied medical care because of a lack
of funds in his or her personal account at the facility.
(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.
(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
(f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
transferred to the county or city general fund.
SEC. 133. Section 5025 of the Penal Code, as amended by Chapter
567 of the Statutes of 1994, is amended to read:
5025. (a) Immediately upon the effective date of the amendments
to this section made at the 1993-94 First Extraordinary Session of
the Legislature, the Department of Corrections and the Department of
the Youth Authority shall implement and maintain procedures to
identify, within 90 days of assuming custody, inmates serving terms
in state prison or wards of the Department of the Youth Authority who
are undocumented felons subject to deportation. The Department of
Corrections and the Department of the Youth Authority shall refer to
the United States Immigration and Naturalization Service the name and
location of any inmate or ward who may be an undocumented alien and
who may be subject to deportation for a determination of whether the
inmate or ward is undocumented and subject to deportation. The
Department of Corrections and the Department of the Youth Authority
shall make case files available to the United States Immigration and
Naturalization Service for purposes of investigation.
(b) The procedures implemented by the department pursuant to
subdivision (a) shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in the state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate's statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer's Report (POR).
(7) Information from the Department of Justice's Criminal
Identification and Information Unit.
(8) Other legal documents.
(c) Within 48 hours of identifying an inmate or ward as an
undocumented felon pursuant to subdivision (a), the Department of
Corrections and the Department of the Youth Authority shall cause the
inmate or ward to be transferred to the custody of the United States
Attorney General for appropriate action. Once an inmate or ward has
been identified as an undocumented felon by the United States
Immigration and Naturalization Service, the inmate or ward shall not
undergo any additional evaluation or classification procedures other
than those required for the safety or security of the institution,
the inmate or ward, or the public.
(d) The Department of Corrections shall report quarterly to the
Legislature the number of persons referred to the United States
Immigration and Naturalization Service pursuant to subdivision (a).
The report shall contain the number of persons transported, the race,
national origin, and national ancestry of persons transported, the
offense or offenses for which the persons were committed to state
prison, and the facilities to which the persons were transported.
SEC. 134. Section 12071 of the Penal Code is amended to read:
12071. (a) (1) As used in this chapter, the term "licensee,"
"person licensed pursuant to Section 12071," or "dealer" means a
person who (A) has a valid federal firearms license, (B) has any
regulatory or business license, or licenses, required by local
government, (C) has a valid seller's permit issued by the State Board
of Equalization, (D) has a certificate of eligibility issued by the
Department of Justice pursuant to paragraph (4), (E) has a license
issued in the format prescribed by paragraph (6), and (F) is among
those recorded in the centralized list specified in subdivision (e).
(2) The duly constituted licensing authority of a city, county, or
a city and county shall accept applications for, and may grant
licenses permitting, licensees to sell firearms at retail within the
city, county, or city and county. The duly constituted licensing
authority shall inform applicants who are denied licenses of the
reasons for the denial in writing.
(3) No license shall be granted to any applicant who fails to
provide a copy of his or her valid federal firearms license, valid
seller's permit issued by the State Board of Equalization, and the
certificate of eligibility described in paragraph (4).
(4) A person may request a certificate of eligibility from the
Department of Justice and the Department of Justice shall issue a
certificate to an applicant if the department's records indicate that
the applicant is not a person who is prohibited from possessing
firearms.
(5) The department shall adopt regulations to administer the
certificate of eligibility program and shall recover the full costs
of administering the program by imposing fees assessed to applicants
who apply for those certificates.
(6) A license granted by the duly constituted licensing authority
of any city, county, or city and county, shall be valid for not more
than one year from the date of issuance and shall be in one of the
following forms:
(A) In the form prescribed by the Attorney General.
(B) A regulatory or business license that states on its face
"Valid for Retail Sales of Firearms" and is endorsed by the signature
of the issuing authority.
(C) A letter from the duly constituted licensing authority having
primary jurisdiction for the applicant's intended business location
stating that the jurisdiction does not require any form of regulatory
or business license or does not otherwise restrict or regulate the
sale of firearms.
(7) Local licensing authorities may assess fees to recover their
full costs of processing applications for licenses.
(b) A license is subject to forfeiture for a breach of any of the
following prohibitions and requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
business shall be conducted only in the buildings designated in the
license.
(B) A person licensed pursuant to subdivision (a) may take
possession of firearms and commence preparation of registers for the
sale, delivery, or transfer of firearms at gun shows or events, as
defined in Section 178.100 of Title 27 of the Code of Federal
Regulations, or its successor, if the gun show or event is not
conducted from any motorized or towed vehicle. A person conducting
business pursuant to this subparagraph shall be entitled to conduct
business as authorized herein at any gun show or event in the state
without regard to the jurisdiction within this state that issued the
license pursuant to subdivision (a), provided the person complies
with (i) all applicable laws, including, but not limited to, the
15-day waiting period specified in subparagraph (A) of paragraph (3),
and (ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall
publicly display his or her license issued pursuant to subdivision
(a), or a facsimile thereof, at any gun show or event, as specified
in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in
the sale and transfer of firearms other than pistols, revolvers, or
other firearms capable of being concealed upon the person, at events
specified in subdivision (g) of Section 12078, subject to the
prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept
delivery of firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person, outside the building
designated in the license, provided the firearm is being donated for
the purpose of sale or transfer at an auction or similar event
specified in subdivision (g) of Section 12078.
(2) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises where it can easily be
seen.
(3) No firearm shall be delivered:
(A) Prior to January 1, 1996, within 15 days of the application
for the purchase, or, after notice by the department pursuant to
subdivision (c) of Section 12076, within 15 days of the submission to
the department of corrected copies of the register, or within 15
days of the submission to the department of any fee required pursuant
to subdivision (d) of Section 12076, whichever is later. On or
after January 1, 1996, within 15 days of the application for the
purchase of a pistol, revolver, or other firearm capable of being
concealed upon the person, or, after notice by the department
pursuant to subdivision (c) of Section 12076, within 15 days of the
submission to the department of corrected copies of the register, or
within 15 days of the submission to the department of any fee
required pursuant to subdivision (d) of Section 12076, whichever is
later. On or after January 1, 1996, within 10 days of the
application for the purchase of any other firearm, or, after notice
by the department pursuant to subdivision (c) of Section 12076,
within 10 days of the submission to the department of corrected
copies of the register, or within 10 days of the submission to the
department of any fee required pursuant to subdivision (d) of Section
12076, whichever is later.
(B) Unless unloaded and securely wrapped or unloaded and in a
locked container.
(C) Unless the purchaser, transferee, or person being loaned the
firearm presents clear evidence of his or her identity and age to the
dealer.
(D) Whenever the dealer is notified by the Department of Justice
that the person is in a prohibited class described in Section 12021
or 12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(4) No pistol, revolver, or other firearm or imitation thereof
capable of being concealed upon the person, or placard advertising
the sale or other transfer thereof, shall be displayed in any part of
the premises where it can readily be seen from the outside.
(5) The licensee shall agree to and shall act properly and
promptly in processing firearms transactions pursuant to Section
12082.
(6) The licensee shall comply with Sections 12073, 12076, and
12077, subdivisions (a) and (b) of Section 12072, and subdivision (a)
of Section 12316.
(7) The licensee shall post conspicuously within the licensed
premises the following warning in block letters not less than one
inch in height:
"IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND
IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON."
(8) Commencing April 1, 1994, no pistol, revolver, or other
firearm capable of being concealed upon the person shall be delivered
unless the purchaser, transferee, or person being loaned the firearm
presents to the dealer a basic firearm safety certificate.
(9) Commencing July 1, 1992, the licensee shall offer to provide the
purchaser or transferee of a firearm, or person being loaned a
firearm, with a copy of the pamphlet described in Section 12080 and
may add the cost of the pamphlet, if any, to the sales price of the
firearm.
(10) The licensee shall not commit an act of collusion as defined
in Section 12072.
(11) The licensee shall post conspicuously within the licensed
premises a detailed list of each of the following:
(A) All charges required by governmental agencies for processing
firearm transfers required by Sections 12076, 12082, and 12806.
(B) All fees that the licensee charges pursuant to Sections 12082
and 12806.
(12) The licensee shall not misstate the amount of fees charged by
a governmental agency pursuant to Sections 12076, 12082, and 12806.
(13) The licensee shall report the loss or theft of any firearm
that is merchandise of the licensee, any firearm that the licensee
takes possession of pursuant to Section 12082, or any firearm kept at
the licensee's place of business within 48 hours of discovery to the
appropriate law enforcement agency in the city, county, or city and
county where the licensee's business premises are located.
(14) In a city and county, or in the unincorporated area of a
county with a population of 200,000 persons or more according to the
most recent federal decennial census or within a city with a
population of 50,000 persons or more according to the most recent
federal decennial census, any time the licensee is not open for
business, the licensee shall store all firearms kept in his or her
licensed place of business using one of the following methods as to
each particular firearm:
(A) Store the firearm in a secure facility that is a part of, or
that constitutes, the licensee's business premises.
(B) Secure the firearm with a hardened steel rod or cable of at
least one-eighth inch in diameter through the trigger guard of the
firearm. The steel rod or cable shall be secured with a hardened
steel lock that has a shackle. The lock and shackle shall be
protected or shielded from the use of a bolt cutter and the rod or
cable shall be anchored in a manner that prevents the removal of the
firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault in the
licensee's business premises.
(15) The licensing authority in an unincorporated area of a county
with a population less than 200,000 persons according to the most
recent federal decennial census or within a city with a population of
less than 50,000 persons according to the most recent federal
decennial census may impose the requirements specified in paragraph
(14).
(16) Commencing January 1, 1994, the licensee shall, upon the
issuance or renewal of a license, submit a copy of the same to the
Department of Justice.
(17) The licensee shall maintain and make available for inspection
during business hours to any peace officer, authorized local law
enforcement employee, or Department of Justice employee designated by
the Attorney General, upon the presentation of proper
identification, a firearms transaction record.
(18) (A) On the date of receipt, the licensee shall report to the
Department of Justice in a format prescribed by the department the
acquisition by the licensee of the ownership of a pistol, revolver,
or other firearm capable of being concealed upon the person.
(B) The provisions of this paragraph shall not apply to any of the
following transactions:
(i) A transaction subject to the provisions of subdivision (n) of
Section 12078.
(ii) The dealer acquired the firearm from a wholesaler.
(iii) The dealer is also licensed as a secondhand dealer pursuant
to Article 4 (commencing with Section 21625) of Chapter 9 of Division
8 of the Business and Professions Code.
(iv) The dealer acquired the firearm from a person who is licensed
as a manufacturer or importer to engage in those activities pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and any regulations issued pursuant thereto.
(v) The dealer acquired the firearm from a person who resides
outside this state who is licensed pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and any
regulations issued pursuant thereto.
(c) (1) As used in this article, "clear evidence of his or her
identity and age" means either of the following:
(A) A valid California driver's license.
(B) A valid California identification card issued by the
Department of Motor Vehicles.
(2) As used in this article, a "basic firearm safety certificate"
means a basic firearm certificate issued to the purchaser,
transferee, or person being loaned the firearm by the Department of
Justice pursuant to Article 8 (commencing with Section 12800) of
Chapter 6.
(3) As used in this section, "secure facility" means a building
that meets all of the following specifications:
(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead
bolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt
and a doorknob lock. If the window has an opening of five inches or
more measured in any direction, the window shall be covered with
steel bars of at least one-half inch diameter or metal grating of at
least nine gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee'
s premises independent of the door and doorframe.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings
are secured with steel bars, metal grating, or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide
measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide
measured in any direction.
(F) All steel bars shall be no further than six inches apart.
(4) As used in this section, "licensed premises," "licensed place
of business," "licensee's place of business," or "licensee's business
premises" means the building designated in the license.
(5) For purposes of paragraph (17) of subdivision (b):
(A) A "firearms transaction record" is a record containing the
same information referred to in Section 178.124a and subdivision (e)
of Section 178.125 of Title 27 of the Code of Federal Regulations.
(B) A licensee shall be in compliance with the provisions of
paragraph (17) of subdivision (b) if he or she maintains and makes
available for inspection during business hours to any peace officer,
authorized local law enforcement employee, or Department of Justice
employee designated by the Attorney General, upon the presentation of
proper identification, the bound book containing the same
information referred to in Section 178.124a and subdivision (e) of
Section 178.125 of Title 27 of the Code of Federal Regulations.
(d) Upon written request from a licensee, the licensing authority
may grant an exemption from compliance with the requirements of
paragraph (14) of subdivision (b) if the licensee is unable to comply
with those requirements because of local ordinances, covenants,
lease conditions, or similar circumstances not under the control of
the licensee.
(e) Except as otherwise provided in this subdivision, the
Department of Justice shall keep a centralized list of all persons
licensed pursuant to subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a). The department may remove from
this list any person who knowingly or with gross negligence violates
this article. Upon removal of a dealer from this list, notification
shall be provided to local law enforcement and licensing authorities
in the jurisdiction where the dealer's business is located. The
department shall make information about an individual dealer
available, upon request, for one of the following purposes only:
(1) For law enforcement purposes.
(2) When the information is requested by a person licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code for determining the validity of the license
for firearm shipments.
(f) The Department of Justice may inspect dealers to ensure
compliance with this article. The department may assess an annual
fee, not to exceed eighty-five dollars ($85), to cover the reasonable
cost of maintaining the list described in subdivision (e), including
the cost of inspections. Dealers whose place of business is in a
jurisdiction that has adopted an inspection program to ensure
compliance with firearms law shall be exempt from that portion of the
department's fee that relates to the cost of inspections. The
applicant is responsible for providing evidence to the department
that the jurisdiction in which the business is located has the
inspection program.
(g) The Department of Justice shall maintain and make available
upon request information concerning the number of inspections
conducted and the amount of fees collected pursuant to subdivision
(f), a listing of exempted jurisdictions, as defined in subdivision
(f), the number of dealers removed from the centralized list defined
in subdivision (e), and the number of dealers found to have violated
this article with knowledge or gross negligence.
(h) Paragraph (14) or (15) of subdivision (b) shall not apply to a
licensee organized as a nonprofit public benefit or mutual benefit
corporation organized pursuant to Part 2 (commencing with Section
5110) or Part 3 (commencing with Section 7110) of Division 2 of the
Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation
obtained the dealer's license solely and exclusively to assist that
corporation or local chapters of that corporation in conducting
auctions or similar events at which firearms are auctioned off to
fund the activities of that corporation or the local chapters of the
corporation.
(2) The firearms are not pistols, revolvers, or other firearms
capable of being concealed upon the person.
SEC. 135. Section 12078 of the Penal Code is amended to read:
12078. (a) (1) The preceding provisions of this article, except
subdivision (e) of Section 12076, do not apply to deliveries,
transfers, or sales of firearms made to persons properly identified
as full-time paid peace officers as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, provided that the
peace officers are authorized by their employer to carry firearms
while in the performance of their duties, nor to deliveries,
transfers, or sales of firearms made to authorized representatives of
cities, cities and counties, counties, state or federal governments
for use by those governmental agencies. Proper identification is
defined as verifiable written certification from the head of the
agency by which the purchaser or transferee is employed, identifying
the purchaser or transferee as a peace officer who is authorized to
carry firearms while in the performance of his or her duties, and
authorizing the purchase or transfer. The certification shall be
delivered to the seller or transferor at the time of purchase or
transfer and the purchaser or transferee shall identify himself or
herself as the person authorized in the certification. On the day
the sale, delivery, or transfer is made, where a peace officer is
receiving the firearm, and either a dealer is not the seller or
transferor, or is not otherwise the person responsible for the
delivery of the firearm, or the transfer or sale is not conducted
through a law enforcement agency pursuant to Section 12084, the peace
officer shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the seller
or transferor, the buyer or transferee, the firearm as is indicated
in Section 12077, together with the original certification. On the
day the sale, delivery, or transfer is made, where a dealer is the
seller, transferor, or otherwise responsible for delivery of the
firearm, the dealer shall forward by prepaid mail to the Department
of Justice a report of the same and the type of information
concerning the buyer or transferee and the firearm as is indicated in
Section 12077, together with the original certification. On the day
the sale, delivery, or transfer is made, where the transfer is
conducted pursuant to Section 12084, the law enforcement agency shall
forward by prepaid mail to the Department of Justice a report of the
same and the type of information concerning the buyer or transferee
and the firearm as is indicated in Section 12084, together with the
original certification. The reports which peace officers shall
complete shall be provided to them by the department. No report need
be submitted to the Department of Justice where a peace officer
receiving the firearm received it from his or her employer in
accordance with the applicable rules, regulations, or procedures of
the employer.
(2) The preceding provisions of this article, except subdivision
(e) of Section 12076, do not apply to deliveries, transfers, or sales
of firearms made to peace officers as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 made pursuant to
Section 10334 of the Public Contract Code. On the day the sale,
delivery, or transfer is made, and a dealer is not the person
responsible for the delivery of the firearm or the transfer or sale
is not conducted through a law enforcement agency pursuant to Section
12084, the peace officer receiving the firearm shall forward by
prepaid mail to the Department of Justice a report of the same and
the type of information concerning the seller or transferor, the
buyer or transferee, and the firearm as is indicated in Section
12077. On the day the sale, delivery, or transfer is made, where a
dealer is responsible for delivery of the firearm, the dealer shall
forward by prepaid mail to the Department of Justice a report of the
same and the type of information concerning the buyer or transferee
and the firearm as is indicated in Section 12077. On the day the
sale, delivery, or transfer is made where the transfer is conducted
pursuant to Section 12084, the law enforcement agency shall forward
by prepaid mail to the Department of Justice a report of the same and
the type of information concerning the buyer or transferee and the
firearm as is indicated in Section 12084. The reports which peace
officers shall complete shall be the same as those set forth in
paragraph (1) of this subdivision and shall be provided to them by
the department.
(3) Subdivision (d) of Section 12072 does not apply to sales,
deliveries, or transfers of firearms to authorized representatives of
cities, cities and counties, counties, or state or federal
governments for those governmental agencies where the entity is
acquiring the weapon as part of an authorized, voluntary program
where the entity is buying or receiving weapons from private
individuals. Any weapons acquired pursuant to this subdivision shall
be disposed of pursuant to the applicable provisions of Section
12028 or 12032.
(b) Section 12071 and subdivisions (c) and (d) of Section 12072
shall not apply to deliveries, sales, or transfers of firearms
between or to importers and manufacturers of firearms licensed to
engage in that business pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a pistol, revolver, or
other firearm capable of being concealed upon the person by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a pistol, revolver, or other firearm capable
of being concealed upon the person by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and both of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) Prior to taking possession of the firearm, the person taking
title to the firearm shall obtain a basic firearm safety certificate.
(3) As used in this subdivision, immediate family member means any
one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration.
(e) Section 12071 and subdivisions (c) and (d) of Section 12072
shall not apply to the delivery of a firearm to a gunsmith for
service or repair.
(f) Subdivision (d) of Section 12072 shall not apply to the sale,
delivery, or transfer of firearms by persons who reside in this state
to persons who reside outside this state who are licensed pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, if the
sale, delivery, or transfer is in accordance with Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(g) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent sale or transfer of a firearm, other than a pistol,
revolver, or other firearm capable of being concealed upon the
person, at auctions or similar events conducted by nonprofit mutual
or public benefit corporations organized pursuant to the Corporations
Code.
As used in this paragraph, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by this paragraph, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(2) Subdivision (d) of Section 12072 shall not apply to the
transfer of a firearm other than a pistol, revolver, or other firearm
capable of being concealed upon the person, if the firearm is
donated for an auction or similar event described in paragraph (1)
and the firearm is delivered to the nonprofit corporation immediately
preceding, or contemporaneous with, the auction or similar event.
(3) The waiting period described in Sections 12071 and 12072 shall
not apply to a dealer who delivers a firearm other than a pistol,
revolver, or other firearm capable of being concealed upon the
person, at an auction or similar event described in paragraph (1), as
authorized by subparagraph (C) of paragraph (1) of subdivision (b)
of Section 12071. Within 48 hours of the sale, delivery, or
transfer, the dealer shall forward by prepaid mail to the Department
of Justice a report of the same as is indicated in paragraph (3) of
subdivision (a) of Section 12077.
(h) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm for the purposes of shooting at targets if the loan
occurs on the premises of a target facility which holds a business or
regulatory license or on the premises of any club or organization
organized for the purposes of practicing shooting at targets upon
established ranges, whether public or private, if the firearm is at
all times kept within the premises of the target range or on the
premises of the club or organization.
(i) (1) Subdivision (d) of Section 12072 shall not apply to a
person who takes title or possession of firearms by operation of law
if all the following conditions are met:
(A) The person is not prohibited by Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms.
(B) If the firearms are pistols, revolvers, or other firearms
capable of being concealed upon the person, and the person is not a
levying officer as defined in Section 481.140, 511.060, or 680.210 of
the Code of Civil Procedure, the person shall, within 30 days of
taking possession, forward by prepaid mail or deliver in person to
the Department of Justice, a report of the same and the type of
information concerning the individual taking possession of the
firearm, how title or possession was obtained and from whom, and a
description of the firearm in question. The reports which
individuals complete pursuant to this paragraph shall be provided to
them by the Department of Justice.
(C) In the case of a transmutation of property between spouses
made in accordance with Section 850 of the Family Code consisting of
a pistol, revolver, or other firearm capable of being concealed upon
the person, taking place on or after April 1, 1994, a basic firearm
safety certificate shall be required prior to taking possession of
the firearm.
(2) Subdivision (d) of Section 12072 shall not apply to a person
who takes possession of a firearm by operation of law in a
representative capacity who transfers ownership of the firearm to
himself or herself in his or her individual capacity. In the case of
a pistol, revolver, or other firearm capable of being concealed upon
the person, on and after April 1, 1994, that individual shall have a
basic firearm safety certificate in order for the exemption set
forth in this paragraph to apply.
(j) Subdivision (d) of Section 12072 shall not apply to
deliveries, transfers, or returns of firearms made pursuant to
Section 12028, 12028.5, or 12030.
(k) Section 12071 and subdivision (c) of Section 12072 shall not
apply to:
(1) The delivery, sale, or transfer of unloaded firearms that are
not pistols, revolvers, or other firearms capable of being concealed
upon the person by a dealer to another dealer upon proof that the
person receiving the firearm is licensed pursuant to Section 12071.
(2) The delivery, sale, or transfer of unloaded firearms by
dealers to persons who reside outside this state who are licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(3) The delivery, sale, or transfer of unloaded firearms to a
wholesaler if the firearms are being returned to the wholesaler and
are intended as merchandise in the wholesaler's business.
(4) The delivery, sale, or transfer of unloaded firearms by one
dealer to another dealer if the firearms are intended as merchandise
in the receiving dealer's business upon proof that the person
receiving the firearm is licensed pursuant to Section 12071.
(5) The delivery, sale, or transfer of an unloaded firearm that is
not a pistol, revolver, or other firearm capable of being concealed
upon the person by a dealer to himself or herself.
(6) The loan of an unloaded firearm by a dealer who also operates
a target facility that holds a business or regulatory license on the
premises of the building designated in the license or whose building
designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at
targets upon established ranges, whether public or private, to a
person at that target facility or that club or organization, if the
firearm is at all times kept within the premises of the target range
or on the premises of the club or organization.
(l) A person who is exempt from subdivision (d) of Section 12072
or is otherwise not required by law to report his or her acquisition,
ownership, or disposal of a pistol, revolver, or other firearm
capable of being concealed upon the person or who moves out of this
state with his or her pistol, revolver, or other firearm capable of
being concealed upon the person may submit a report of the same to
the Department of Justice in a format prescribed by the department.
(m) Subdivision (d) of Section 12072 shall not apply to the
delivery, sale, or transfer of unloaded firearms to a wholesaler as
merchandise in the wholesaler's business by manufacturers or
importers licensed to engage in that business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto, or by another
wholesaler, if the delivery, sale, or transfer is made in accordance
with Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code.
(n) (1) The waiting period described in Section 12071 or 12072
shall not apply to the delivery, sale, or transfer of a pistol,
revolver, or other firearm capable of being concealed upon the person
by a dealer in either of the following situations:
(A) The dealer is delivering the firearm to another dealer and it
is not intended as merchandise in the receiving dealer's business.
(B) The dealer is delivering the firearm to himself or herself and
it is not intended as merchandise in his or her business.
(2) In order for this subdivision to apply, both of the following
shall occur:
(A) If the dealer is receiving the firearm from another dealer,
the dealer receiving the firearm shall present proof to the dealer
delivering the firearm that he or she is licensed pursuant to Section
12071.
(B) Whether the dealer is delivering, selling, or transferring the
firearm to himself or herself or to another dealer, on the date that
the delivery, sale, or transfer is made, the dealer delivering the
firearm shall forward by prepaid mail to the Department of Justice a
report of the same and the type of information concerning the
purchaser or transferee as is indicated in paragraph (2) of
subdivision (a) of Section 12077.
(o) Section 12071 and subdivisions (c) and (d) of Section 12072
shall not apply to the delivery, sale, or transfer of firearms
regulated pursuant to Section 12020, Chapter 2 (commencing with
Section 12200), or Chapter 2.3 (commencing with Section 12275), if
the delivery, sale, or
transfer is conducted in accordance with the applicable provisions of
Section 12020, Chapter 2 (commencing with Section 12200), or Chapter
2.3 (commencing with Section 12275).
(p) (1) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a firearm that is not a
pistol, revolver, or other firearm capable of being concealed upon
the person to a minor, with the express permission of the parent or
legal guardian of the minor, if the loan does not exceed 30 days in
duration and is for a lawful purpose.
(2) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a pistol, revolver, or
other firearm capable of being concealed upon the person to a minor
by a person who is not the parent or legal guardian of the minor if
all of the following circumstances exist:
(A) The minor has the written consent of his or her parent or
legal guardian that is presented at the time of, or prior to the time
of, the loan, or is accompanied by his or her parent or legal
guardian at the time the loan is made.
(B) The minor is being loaned the firearm for the purpose of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(C) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment or theatrical
event, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 10
days.
(3) Paragraph (3) of subdivision (a) and subdivision (d) of
Section 12072 shall not apply to the loan of a pistol, revolver, or
other firearm capable of being concealed upon the person to a minor
by his or her parent or legal guardian if both of the following
circumstances exist:
(A) The minor is being loaned the firearm for the purposes of
engaging in a lawful, recreational sport, including, but not limited
to, competitive shooting, or agricultural, ranching, or hunting
activity, or a motion picture, television, or video production, or
entertainment or theatrical event, the nature of which involves the
use of a firearm.
(B) The duration of the loan does not exceed the amount of time
that is reasonably necessary to engage in the lawful, recreational
sport, including, but not limited to, competitive shooting, or
agricultural, ranching, or hunting activity, or a motion picture,
television, or video production, or entertainment, or theatrical
event, the nature of which involves the use of a firearm.
(4) Paragraph (3) of subdivision (a) of Section 12072 shall not
apply to the transfer or loan of a firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the person
to a minor by his or her parent or legal guardian.
(5) Paragraph (3) of subdivision (a) of Section 12072 shall not
apply to the transfer or loan of a firearm that is not a pistol,
revolver, or other firearm capable of being concealed upon the person
to a minor by his or her grandparent who is not the legal guardian
of the minor if the transfer is done with the express permission of
the parent or legal guardian of the minor.
(q) Subdivision (d) of Section 12072 shall not apply to the loan
of a firearm that is not a pistol, revolver, or other firearm capable
of being concealed upon the person to a licensed hunter for use by
that licensed hunter for a period of time not to exceed the duration
of the hunting season for which that firearm is to be used.
(r) The waiting period described in Section 12071, 12072, or 12084
shall not apply to the delivery, sale, or transfer of a firearm to
the holder of a special weapons permit issued by the Department of
Justice issued pursuant to Section 12095, 12230, 12250, or 12305. On
the date that the delivery, sale, or transfer is made, the dealer
delivering the firearm or the law enforcement agency processing the
transaction pursuant to Section 12084, shall forward by prepaid mail
to the Department of Justice a report of the information concerning
the purchaser or transferee as described in subdivision (a) of
Section 12077 or Section 12084.
(s) Subdivision (d) of Section 12072 shall not apply to the loan
of an unloaded firearm or the loan of a firearm loaded with blank
cartridges for use solely as a prop for a motion picture, television,
or video production or an entertainment or theatrical event.
(t) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of
subdivision (c) of Section 12070.
(2) "A person taking title or possession of firearms by operation
of law" includes, but is not limited to, any of the following
instances wherein an individual receives title to, or possession of,
firearms:
(A) The executor or administrator of an estate if the estate
includes firearms.
(B) A secured creditor or an agent or employee thereof when the
firearms are possessed as collateral for, or as a result of, a
default under a security agreement under the Commercial Code.
(C) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(D) A receiver performing his or her functions as a receiver if
the receivership estate includes firearms.
(E) A trustee in bankruptcy performing his or her duties if the
bankruptcy estate includes firearms.
(F) An assignee for the benefit of creditors performing his or her
functions as an assignee, if the assignment includes firearms.
(G) A transmutation of property consisting of firearms pursuant to
Section 850 of the Family Code.
(H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.
SEC. 136. Section 4800 of the Probate Code is amended to read:
4800. The Secretary of State shall establish a registry system by
which any person who has executed a durable power of attorney for
health care may register in a central information center information
regarding the durable power of attorney for health care, making that
information available upon request to any health care provider, the
public guardian, or other person authorized by the registrant.
Information that may be received and released is limited to the
registrant's name, social security or driver's license or other
individual identifying number established by law, if any, address,
date and place of birth, the intended place of deposit or safekeeping
of the durable power of attorney for health care, and the name and
telephone number of the attorney in fact and any alternative attorney
in fact. The Secretary of State, at the request of the registrant,
may transmit the information he or she receives regarding the durable
power of attorney for health care to the registry system of another
jurisdiction as identified by the registrant. The Secretary of State
may charge a fee to each registrant in an amount such that, when all
fees charged to registrants are aggregated, the aggregated fees do
not exceed the actual cost of establishing and maintaining the
registry.
SEC. 137. Section 10115.15 of the Public Contract Code is amended
to read:
10115.15. (a) Notwithstanding Section 10115.2, when awarding
contracts for materials, supplies, or equipment, including electronic
data processing goods and services, an awarding department shall
accept the submission by a bidder of a minority, women, and disabled
veteran business enterprise utilization plan that has been approved
prior to the solicitation due date by the Department of General
Services. A business utilization plan shall be considered approved
by the Department of General Services as of the date submitted to the
department so long as the plan meets the minimum criteria
established in paragraphs (1) to (12), inclusive, and shall be valid
for a period of one year, unless the department has audited the
utilization plan, as authorized under subdivision (b), and
disapproves it for reasons specified under subdivision (c). The
decision of whether to establish a minority, women, and disabled
veteran business enterprise utilization plan shall be at the option
of the vendor. If a bidder cites an approved utilization plan in
response to the minority, women, and disabled veteran business
enterprise participation requirements of a solicitation that calls
for 15 percent minority-owned, 5 percent women-owned, and 3 percent
disabled veteran-owned business participation, then that utilization
plan shall be considered responsive to the participation goals of the
solicitation document. If a solicitation specifies higher
participation goals than those in the bidder's utilization plan, the
bidder shall meet the goals in the solicitation or make a good-faith
effort to do so. At a minimum, the utilization plan shall include
the following information:
(1) A statement of the vendor's minority, women, and disabled
veteran business enterprise utilization plan, including the primary
objectives of the utilization plan.
(2) An explanation showing sufficient business reasons why the
vendor did not meet minority, women, and disabled veteran business
enterprise participation goals set forth in the vendor's minority,
women, and disabled veteran business utilization plan submitted to,
and approved by, the Department of General Services in the previous
year, if applicable. Further, if the vendor did not meet the
minority, women, and disabled veteran business participation goals in
the previous year, the vendor shall also identify remedial steps it
will take to meet the goals in the current utilization plan.
(3) A statement of the vendor's minority, women, and disabled
veteran business utilization goals for the succeeding year. At a
minimum, these utilization goals shall be equal to the statewide
participation goals set forth in subdivision (c) of Section 10115.
(4) Estimated total dollars to be subcontracted by the vendor for
sales within the United States for the succeeding year.
(5) Estimated total dollars to be subcontracted by the vendor for
sales within the State of California for the succeeding year.
(6) Total dollars expressed as a percentage of the amount
estimated pursuant to paragraph (4), intended to be subcontracted
with each of the following:
(A) Minority business enterprises.
(B) Women business enterprises.
(7) Total dollars, expressed as a percentage of the amount
estimated pursuant to paragraph (5), intended to be subcontracted
with disabled veteran-owned business enterprises.
(8) A representative listing of the products and services that the
vendor anticipates subcontracting, including an identification of
the types of subcontracting planned for minority, women, and disabled
veteran business enterprises.
(9) The name of the individual employed by the vendor who will
administer the vendor's utilization plan, including a description of
the duties of the individual.
(10) A description of the efforts that the vendor will undertake
to ensure that minority, women, and disabled veteran business
enterprises will have an equitable opportunity to compete for
contracts.
(11) A listing of the records and reports that the vendor will
maintain to demonstrate the practices and procedures that have been
adopted to comply with the requirements and goals of the utilization
plan.
(12) Affirmation that the vendor met the statewide minority,
women, and disabled veteran business enterprise utilization goals for
the previous year, if applicable.
(b) The Department of General Services shall conduct random audits
of the submitted utilization plans to determine compliance with this
article, and shall retain on file all submitted utilization plans
for auditing purposes. During any audit of a submitted utilization
plan, the Department of General Services may ask a vendor to submit a
list of all the minority, women, and disabled veteran business
enterprises included as subcontractors in the vendor's plan for the
previous year. This information shall remain confidential. Nothing
in this section shall be construed to require the Department of
General Services to audit all of the minority, women, and disabled
veteran business enterprise utilization plans submitted by individual
vendors. The Department of General Services may establish
appropriate fees to cover the actual costs of conducting random
audits and retaining on file all submitted plans.
(c) (1) At any time, the Department of General Services may
disapprove a vendor's minority, women, and disabled veteran business
enterprise utilization plan for any of the following reasons:
(A) The utilization plan fails to evidence a vendor's intention to
comply fully with the statewide minority, women, and disabled
veteran business enterprise goals for the succeeding year, as
indicated by failure of the utilization plan to contain the
information specified in subdivision (a).
(B) The utilization plan fails to evidence sufficient business
reasons for failure to achieve the minority, women, and disabled
veteran business enterprise goals set forth in a utilization plan
submitted in the previous year, if applicable.
(C) The utilization plan fails to evidence sufficient remedial
steps the vendor will take if the vendor did not meet the minority,
women, and disabled veteran business participation goals in the
previous year, if applicable.
(2) If a vendor's utilization plan is disapproved, the vendor may
not submit a new utilization plan to the department for a period of
one year from the date of disapproval. Prior to disapproval of a
vendor's utilization plan, the vendor shall be entitled to a public
hearing and to five days' notice of the time and place thereof. The
notice shall state the reasons for the hearing.
(3) A vendor that submits a minority, women, and disabled veteran
business utilization plan that is approved by the Department of
General Services, and that is subsequently awarded a contract to
which the vendor would not otherwise have been entitled, and who
fails to evidence intention to fully comply with the minority, women,
and disabled veteran business enterprise goals in the utilization
plan, or fails to evidence sufficient business reasons for failing to
achieve the minority, women, and disabled veteran business
enterprise goals set forth in the utilization plan, shall:
(A) Pay to the state any difference between the contract amount
and what the state's cost would have been if the contract had been
properly awarded.
(B) In addition to the amount specified in subparagraph (A), be
assessed a penalty in an amount of not more than 10 percent of the
amount of the contract involved.
(C) Be ineligible to transact any business with the state for a
period of not less than three months and not more than 24 months.
Prior to imposition of any sanction under this chapter, the
contractor or vendor shall be entitled to a public hearing and to
five days' notice of the time and place thereof. The notice shall
state the reasons for the hearing.
SEC. 138. Section 12225 of the Public Contract Code is amended to
read:
12225. On or before August 31, 1991, and every year thereafter,
the department, in consultation with the board, shall prepare a
report to the Legislature describing the purchase and procurement of
products purchased by the state before and after January 1, 1990.
The report shall detail as much as possible, the amount of recycled
products utilized by state contractors before and after the enactment
of this chapter. The report shall include, but not be limited to,
the following:
(a) Listed by department, the total dollar amounts, volume, and
number of contracts of individual products purchased by the
department and any other agency having delegated procurement
authority pursuant to Section 10333.
(b) Total dollar amounts, volume, and number of contracts of each
product purchased by the state, which includes the Legislature, the
California State University, and the University of California
systems.
(c) A list of individual recycled products purchased pursuant to
Sections 10507.5 and 10860, inclusive, this chapter and Chapter 5
(commencing with Section 12300).
(d) The total dollar amounts, volume, and number of contracts of
individual products, whether recycled or nonrecycled, purchased by
the state.
(e) The total dollar amounts, volume, and number of contracts of
recycled products including recycled paper and compost products
purchased pursuant to Sections 10507.5 and 10860, inclusive, this
chapter, and Chapter 5 (commencing with Section 12300).
(f) The total dollar amount and volume of compost and co-compost
products utilized by the state pursuant to Section 12183 or any other
state or local program.
(g) For recycled paper products purchased by procuring agencies,
the total number of contracts, dollar amounts, and volume of those
contracts that were eligible for the preference pursuant to Section
12162.
(h) For each recycled product, including recycled paper and
compost products, the total dollar amounts, volume, and number of
contracts that were eligible for a preference or a combination
thereof pursuant to Sections 4533, 7095, and 14838 of the Government
Code.
(i) Total number of bids for each product listed in Section 12157,
whether or not a contract was awarded the bid.
(j) The range of dollar amounts for bids on procurement contracts
which include, but is not limited to, contracts for the procurement
of individual recycled products listed in Section 12157.
(k) For each waste material, total revenue dollars and volume
generated from the state waste materials collection program pursuant
to Section 12165.
(l) Recommendations to the Legislature as to revisions of the
percentage amounts contained in the secondary material and
postconsumer material definitions for individual products which will
result in greater procurement of recycled products composed of
recycled resources that would otherwise be disposed of as solid waste
in the state's disposal facilities.
(m) Recommendations on specific products available containing
secondary and postconsumer material which are procured by the state,
used in the performance of a service or project for the state, and
used in state construction contracts.
These products shall be recommended as candidates for the
application of the recycled paper product preference described in
Section 12162.
(n) The California Integrated Waste Management Board, in
consultation with the department, shall identify those products
purchased in either large volumes or high dollar amounts by the state
which are available as a recycled product. The board shall include
this list in the department's annual report and shall revise this
list as products purchased by the state become feasibly available in
recycled form.
SEC. 139. Section 4662 of the Public Resources Code is amended to
read:
4662. The department is responsible for the development and
establishing of the Soquel Demonstration State Forest and for ongoing
maintenance and operations. The director shall appoint an advisory
committee to assist the department in planning future management of
the forest. The advisory committee shall include representatives of
the Santa Cruz County Board of Supervisors, the Department of Parks
and Recreation, the State Board of Forestry, the Forest of Nisene
Marks Advisory Committee, and the Department of Fish and Game.
SEC. 140. The heading of Chapter 3.5 (commencing with Section
5600) of Division 5 of the Public Resources Code is amended and
renumbered to read:
CHAPTER 3.1. PUENTE HILLS LANDFILL OPEN-SPACE DEDICATION
SEC. 141. Section 5600 of the Public Resources Code is amended to
read:
5600. (a) The owner of the disposal site known as the Puente
Hills Landfill, located in an unincorporated portion of the County of
Los Angeles, shall dedicate as open-space property within the
disposal site, pursuant to the terms of condition 14 (a) of Los
Angeles County Conditional Use Permit 92-250 (4). This dedication
shall include the buffer zone, and "Canyon 6," "Canyon 7," and
"Canyon 8" as specified in the conditional use permit.
(b) The owner of the disposal site referred to in subdivision (a)
shall enter into an agreement with the Los Angeles County Department
of Parks and Recreation for use of the disposal area as a public park
when solid waste disposal activities are complete, as referenced in
and modified by condition 14 (b) of Los Angeles County Conditional
Use Permit 92-250 (4). This agreement shall include the funding for
the preparation of a park master plan, and for the full development,
operation, and maintenance of the park, in an amount appropriate to
the level of development shown on the master plan.
(c) The consultation specified in Part VIII of the monitoring
program of Los Angeles Conditional Use Permit 92-250 (4), relating to
the Puente Hills Landfill Citizens Advisory Committee, shall include
the subject of landscaping of the mitigation berm specified in
condition 10 (b), and shall also include any other planning matters
that would affect the physical development or future use of the
landfill site. The committee shall include members of the Hacienda
Heights Improvement Association.
(d) The Joint Powers Authority established pursuant to condition
15 of Los Angeles County Conditional Use Permit 92-250 (4) shall give
due consideration to purchasing parcels near the landfill property,
specifically those parcels near the Hacienda Heights area.
SEC. 142. Section 21080.04 of the Public Resources Code is amended
to read:
21080.04. (a) Notwithstanding paragraph (10) of subdivision (b)
of Section 21080, this division applies to a project for the
institution of passenger rail service on a line paralleling State
Highway 29 and running from Rocktram to Krug in the Napa Valley.
With respect to that project, and for the purposes of this division,
the Public Utilities Commission is the lead agency.
(b) It is the intent of the Legislature in enacting this section
to abrogate the decision of the California Supreme Court "that
Section 21080, subdivision (b)(11), exempts Wine Train's institution
of passenger service on the Rocktram-Krug line from the requirements
of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50
Cal. 3d 370.
(c) Nothing in this section is intended to affect or apply to, or
to confer jurisdiction upon the Public Utilities Commission with
respect to, any other project involving rail service.
SEC. 143. Section 25501 of the Public Resources Code is amended to
read:
25501. This chapter does not apply to any site or related
facility for which the Public Utilities Commission has issued a
certificate of public convenience and necessity or which any
municipal utility has approved before January 7, 1975.
SEC. 144. Section 42202 of the Public Resources Code is amended to
read:
42202. (a) "Recycled-content high grade, bleached printing and
writing papers" means all paper and woodpulp products containing
postconsumer material and secondary material. "Postconsumer material"
means a finished material which would normally be disposed of as a
solid waste, having completed its life cycle as a consumer item.
"Secondary material" means fragments of finished products or finished
products of a manufacturing process, which has converted a virgin
resource into a commodity of real economic value, and includes
postconsumer material, but does not include fibrous waste generated
during the manufacturing process such as fibers recovered from
wastewater or trimmings of paper machine rolls (mill broke), wood
slabs, chips, sawdust, or other wood residue from a manufacturing
process.
(b) "Recycled paper product" means a paper product with not less
than 50 percent by fiber weight consisting of secondary material or
postconsumer material and with not less than 10 percent of the fiber
weight consisting of postconsumer material.
(c) For fine grades of paper such as uncoated printing and writing
grades, "recycled paper" means either of the following:
(1) For text and cover grades and cotton fiber papers, not less
than 50 percent by fiber weight consisting of secondary material or
postconsumer material and with not less than 20 percent of fiber
weight consisting of postconsumer material.
(2) For other uncoated printing and writing grades, not less than
20 percent by fiber weight consisting of postconsumer material.
(3) Effective January 1, 1999, for the recycled paper specified in
paragraphs (1) and (2), the postconsumer material content shall be
increased to 30 percent of fiber weight.
SEC. 145. Section 2882.5 of the Public Utilities Code, as amended
by Chapter 146 of the Statutes of 1994, is amended and renumbered to
read:
2882.3. (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 has 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. 146. Section 2883 of the Public Utilities Code is amended to
read:
2883. (a) All local telephone corporations, excluding wireless
and cellular telephone corporations, shall, to the extent permitted
by existing technology or facilities, provide every existing and
newly installed residential telephone connection with access to "911"
emergency service regardless of whether an account has been
established.
(b) The commission shall prohibit any corporation from terminating
access to the services described in subdivision (a) for nonpayment
of any delinquent account or indebtedness owed by the subscriber to
the telephone corporation. A subscriber and a telephone corporation
may arrange payment schedules to regain full service.
(c) The commission shall require telephone corporations to inform
subscribers of the availability of the services described in
subdivision (a) in a manner determined by the commission.
(d) This section shall not be construed to relieve any person of
an obligation to pay a debt owed to a telephone corporation.
(e) Nothing in this section shall require a local telephone
corporation to provide "911" access pursuant to this section if doing
so would preclude providing service to subscribers of residential
telephone service.
SEC. 147. Section 4451 of the Public Utilities Code is amended to
read:
4451. As used in this chapter:
(a) "Supplier" means a person or corporation, other than a public
utility, who sells propane and arranges for its delivery to the
operator's tank.
(b) "Distribution system" means a system of pipes, operated by a
person or corporation other than a public utility, serving 10 or more
customers, within a citywide area, an apartment house, a
condominium, a cluster of homes, a shopping center, a combination of
any of the above, or a mobilehome park with two or more customers,
which is connected to a tank or tanks, for the purpose of
distribution of propane to the end customers.
(c) "Operator" means the owner of the mobilehome park or the
distribution system, or the designated responsible employee, manager,
or legal representative.
(d) "Tank" means a vessel for the storage and distribution of
propane.
(e) "Department" means the Department of Housing and Community
Development.
(f) "Local enforcement agency" means the city, county, or city and
county that has assumed the responsibility for the enforcement of
Chapter 2 (commencing with Section 18300) of Part 2.1 of Division 13
of the Health and Safety Code.
(g) "Federal law" or "federal pipeline standards" means the
Federal Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Sec. 1671
et seq.) and the regulations contained in Parts 190, 191, and 192 of
Title 49 of the Code of Federal Regulations.
(h) "Propane" means propane gas, also known as liquid petroleum
gas or LPG.
(i) "NFPA 58" means National Fire Protection Association Standard
number 58, which covers rules and standards for propane service. The
Legislature finds and declares that NFPA 58 is overseen by a
national committee that ensures that the standard incorporates the
latest in current and approved technology.
(j) "Commission" means the Public Utilities Commission.
(k) "Board" means the State Board of Equalization.
(l) "General Order (or GO) 112" means the commission's general
order that sets out rules governing design, construction, testing,
maintenance, and operation of utility gas gathering, transmission,
and distribution piping systems. GO 112 incorporates, by reference,
all the pertinent federal laws defined in subdivision (g).
SEC. 148. Section 4460 of the Public Utilities Code is amended to
read:
4460. (a) In each distribution system, the operator shall post on
the premises the current emergency telephone numbers for, at a
minimum, the operator, the supplier, the fire department, and the
responsible person as defined by Section 18603 of the Health and
Safety Code, and shall maintain on the premises a copy of the
emergency procedures that shall be used in the event there is a
propane leak or other safety hazard in the distribution system. The
operator shall inform each of the customers of the location of these
emergency telephone numbers and the emergency procedure.
(b) Any operator who fails to comply with subdivision (a) shall be
subject to the same penalty set forth in subdivision (a) of Section
4457. The commission shall enforce this subdivision pursuant to
subdivision (b) of Section 4457.
SEC. 149. Section 21670.1 of the Public Utilities Code is amended
to read:
21670.1. (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated body, then the body so designated
shall assume the planning responsibilities of an airport land use
commission as provided for in this article, and a commission need not
be formed in that county.
(b) A body designated pursuant to subdivision (a) that does not
include among its membership at least two members having an expertise
in aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that that body, as augmented, will have at least two
members having that expertise. The commission shall be constituted
pursuant to this section on and after March 1, 1988.
(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if the board of supervisors of a county and
each affected city in that county each makes a determination that
proper land use planning pursuant to this article can be accomplished
pursuant to this subdivision, then a commission need not be formed
in that county.
(2) If the board of supervisors of a county and each affected city
makes a determination that proper land use planning may be
accomplished and a commission is not formed pursuant to paragraph (1)
of this subdivision, that county and the appropriate affected cities
having jurisdiction over an airport, subject to the review and
approval by the Division of Aeronautics of the department, shall do
all of the following:
(A) Adopt processes for the preparation, adoption, and amendment
of the comprehensive airport land use plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the comprehensive airport
land use plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the comprehensive airport
land use plans.
(D) Adopt processes for the amendment of general and specific
plans to be consistent with the comprehensive airport land use plans.
(E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each comprehensive airport
land use plan.
(3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and
comment by the general public, landowners, interested groups, and
other public agencies.
(4) If the county does not comply with the requirements of
paragraph (3) within 120 days, then the plan and amendments shall not
be considered adopted pursuant to this article and a commission
shall be established within 90 days after the determination of
noncompliance by the division and a plan shall be adopted pursuant to
this article within 90 days after the establishment of the
commission.
(d) (1) A commission need not be formed in a county that has
contracted for the preparation of comprehensive airport land use
plans with the Division of Aeronautics under the California Aids to
Airport Program (Title 21 (commencing with Section 4050) of the
California Code of Regulations), Project Ker-VAR 90-1, and that
submits to the Division of Aeronautics, for review and comment,
information documenting that the county and the cities affected by
the airports within the county, as identified by the plans, have done
both of the following:
(A) Agreed to adopt and implement the comprehensive airport plans
that have been developed under contract.
(B) Incorporated the height, use, noise, safety, and density
criteria that are compatible with airport operations as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations as part of the general and specific plans for the county
and for each affected city.
(2) If the county does not comply with this subdivision on or
before May 1, 1995, then a commission shall be established in
accordance with this article.
(e) (1) A commission need not be formed in a county if all of the
following conditions are met:
(A) The county has only one public use airport that is owned by a
city.
(B) (i) The county and the affected city adopt the elements in
paragraph (2) of subdivision (d), as part of their general and
specific plans for the county and the affected city.
(ii) The general and specific plans shall be submitted, upon
adoption, to the Division of Aeronautics. If the county and the
affected city do not submit the elements specified in paragraph (2)
of subdivision (d), on or before May 1, 1996, then a commission shall
be established in accordance with this article.
SEC. 150. Section 100060 of the Public Utilities Code, as amended
by Chapter 254 of the Statutes of 1994, is amended to read:
100060. (a) The government of the district shall be vested in a
board of directors which shall consist of 12 members, as follows:
(1) Two representatives of the county and one alternate who shall
be members of the board of supervisors of the county, appointed by
the board of supervisors.
(2) Five representatives of the City of San Jose and one alternate
who shall be city council members of the City of San Jose appointed
by the city council.
(3) Five city council members selected from among the city
councils of all of the cities in the county, other than the City of
San Jose, as provided by joint powers agreements among those cities.
The joint powers agreements may provide for the appointment of
alternates, who shall be city council members, for those city
representatives.
(b) An alternate may vote in the place of a director represented
by that alternate if the director is absent.
(c) To the extent possible, the appointing powers shall appoint
individuals who have expertise, experience, or knowledge relative to
transportation issues.
SEC. 151. Section 100060.2 of the Public Utilities Code is amended
to read:
100060.2. Except as otherwise provided, the term of office for
each director shall be two years and until the appointment and
qualification of his or her successor. A successor shall be
appointed not later than 30 days immediately upon the expiration of a
director's term. The first directors shall include those who are
members of the board of directors of the Santa Clara County
Congestion Management Agency as of January 1, 1995, and their terms
shall be equal to the time that otherwise would remain in their
congestion management agency offices. A vacancy exists whenever a
director ceases to hold office on the city council or board of
supervisors from which he or she was appointed. Any vacancy shall,
within 60 days of its occurrence, be filled for the balance of the
term by the body that made the original appointment.
SEC. 152. Section 97.3 of the Revenue and Taxation Code is amended
to read:
97.3. Notwithstanding any other provision of this chapter, the
computations and allocations made by each county pursuant to Section
96.1 or its predecessor section, as modified by Section 97.2 or its
predecessor section for the 1992-93 fiscal year, shall be modified
for the 1993-94 fiscal year pursuant to subdivisions (a) to (c),
inclusive, as follows:
(a) The amount of property tax revenue deemed allocated in the
prior fiscal year to each county and city and county shall be reduced
by an amount to be determined by the Director of Finance in
accordance with the following:
(1) The total amount of the property tax reductions for counties
and cities and counties determined pursuant to this section shall be
one billion nine hundred ninety-eight million dollars
($1,998,000,000) in the 1993-94 fiscal year.
(2) The Director of Finance shall determine the amount of the
reduction for each county or city and county as follows:
(A) The proportionate share of the property tax revenue reduction
for each county or city and county that would have been imposed on
all counties under the proposal specified in the "May Revision of the
1993-94 Governor's Budget" shall be determined by reference to the
document entitled "Estimated County Property Tax Transfers Under
Governor's May Revision Proposal," published by the Legislative
Analyst's office on June 1, 1993.
(B) Each county's or city and county's proportionate share of
total taxable sales in all counties in the 1991-92 fiscal year shall
be determined.
(C) An amount for each county and city and county shall be
determined by applying its proportionate share determined pursuant to
subparagraph (A) to the one billion nine hundred ninety-eight
million dollar ($1,998,000,000) statewide reduction for counties and
cities and counties.
(D) An amount for each county and city and county shall be
determined by applying its proportionate share determined pursuant to
subparagraph (B) to the one billion nine hundred ninety-eight
million dollar ($1,998,000,000) statewide reduction for counties and
cities and counties.
(E) The Director of Finance shall add the amounts determined
pursuant to subparagraphs (C) and (D) for each county and city and
county, and divide the resulting figure by two. The amount so
determined for each county and city and county shall be divided by a
factor of 1.038. The resulting figure shall be the amount of
property tax revenue to be subtracted from the amount of property tax
revenue deemed allocated in the prior fiscal year.
(3) The Director of Finance shall, by July 15, 1993, report to the
Joint Legislative Budget Committee its determination of the amounts
determined pursuant to paragraph (2).
(4) On or before August 15, 1993, the Director of Finance shall
notify the auditor of each county and city and county of the amount
of property tax revenue reduction determined for each county and city
and county.
(5) Notwithstanding any other provision of this subdivision, the
amount of the reduction specified in paragraph (2) for any county or
city and county that has first implemented, for the 1993-94 fiscal
year, the alternative procedure for the distribution of property tax
levies authorized by Chapter 2 (commencing with Section 4701) of Part
8 shall be reduced, for the 1993-94 fiscal year only, in the amount
of any increased revenue allocated to each qualifying school entity
that would not have been allocated for the 1993-94 fiscal year but
for the implementation of that alternative procedure. For purposes
of this paragraph, "qualifying school entity" means any school
district, county office of education, or community college district
that is not an excess tax school entity as defined in Section 95.1.
Notwithstanding any other provision of this paragraph, the amount of
any reduction calculated pursuant to this paragraph for any county or
city and county shall not exceed the reduction calculated for that
county or city and county pursuant to paragraph (2).
(b) The amount of property tax revenue deemed allocated in the
prior fiscal year to each city shall be reduced by an amount to be
determined by the Director of Finance in accordance with the
following:
(1) The total amount of the property tax reductions determined for
cities pursuant to this section shall be two hundred eighty-eight
million dollars ($288,000,000) in the 1993-94 fiscal year.
(2) The Director of Finance shall determine the amount of
reduction for each city as follows:
(A) The amount of property tax revenue that is estimated to be
attributable in the 1993-94 fiscal year to the amount of each city's
state assistance payment received by that city pursuant to Chapter
282 of the Statutes of 1979 shall be determined.
(B) A factor for each city equal to the amount determined pursuant
to subparagraph (A) for that city, divided by the total of the
amounts determined pursuant to subparagraph (A) for all cities, shall
be determined.
(C) An amount for each city equal to the factor determined
pursuant to subparagraph (B), multiplied by three hundred eighty-two
million five hundred thousand dollars ($382,500,000), shall be
determined.
(D) In no event shall the amount for any city determined pursuant
to subparagraph (C) exceed a per capita amount of nineteen dollars
and thirty-one cents ($19.31), as determined in accordance with that
city's population on January 1, 1993, as estimated by the Department
of Finance.
(E) The amount determined for each city pursuant to subparagraphs
(C) and (D) shall be the amount of property tax revenue to be
subtracted from the amount of property tax revenue deemed allocated
in the prior year.
(3) The Director of Finance shall, by July 15, 1993, report to the
Joint Legislative Budget Committee those amounts determined pursuant
to paragraph (2).
(4) On or before August 15, 1993, the Director of Finance shall
notify each county auditor of the amount of property tax revenue
reduction determined for each city located within that county.
(c) (1) The amount of property tax revenue deemed allocated in the
prior fiscal year to each special district, as defined pursuant to
subdivision (m) of Section 95, shall be reduced by the amount
determined for the district pursuant to paragraph (3) and increased
by the amount determined for the district pursuant to paragraph (4).
The total net amount of these changes is intended to equal two
hundred forty-four million dollars ($244,000,000) in the 1993-94
fiscal year.
(2) (A) Notwithstanding any other provision of this subdivision,
no reduction shall be made pursuant to this subdivision with respect
to any of the following special districts:
(i) A local hospital district as described in Division 23
(commencing with Section 32000) of the Health and Safety Code.
(ii) A water agency that does not sell water at retail, but not
including an agency the primary function of which, as determined on
the basis of total revenues, is flood control.
(iii) A transit district.
(iv) A police protection district formed pursuant to Part 1
(commencing with Section 20000) of Division 14 of the Health and
Safety Code.
(v) A special district that was a multicounty special district as
of July 1, 1979.
(B) Notwithstanding any other provision of this subdivision, the
first one hundred four thousand dollars ($104,000) of the amount of
any reduction that otherwise would be made under this subdivision
with respect to a qualifying community services district shall be
excluded. For purposes of this subparagraph, a "qualifying community
services district" means a community service district that meets all
of the following requirements:
(i) Was formed pursuant to Division 3 (commencing with Section
61000) of Title 6 of the Government Code.
(ii) Succeeded to the duties and properties of a police protection
district upon the dissolution of that district.
(iii) Currently provides police protection services to
substantially the same territory as did that district.
(iv) Is located within a county in which the board of supervisors
has requested the Department of Finance that this subparagraph be
operative in the county.
(3) (A) On or before September 15, 1993, the county auditor shall
determine an amount for each special district equal to the amount of
its allocation determined pursuant to Section 96 or 96.1, and Section
96.5 or their predecessor sections for the 1993-94 fiscal year
multiplied by the ratio determined pursuant to paragraph (1) of
subdivision (a) of former Section 98.6 as that section read on June
15, 1993. In those counties that were subject to former Sections
98.66, 98.67, and 98.68, as those sections read on that same date,
the county auditor shall determine an amount for each special
district that represents the current amount of its allocation
determined pursuant to Section 96 or 96.1, and Section 96.5 or their
predecessor sections for the 1993-94 fiscal year that is attributed
to the property tax shift from schools required by Chapter 282 of the
Statutes of 1979. In that county subject to Section 100.4, the
county auditor shall determine an amount for each special district
that represents the current amount of its allocations determined
pursuant to Section 96, 96.1, 96.5, or 100.4 or their predecessor
sections for the 1993-94 fiscal year that is attributable to the
property tax shift from schools required by Chapter 282 of the
Statutes of 1979. In determining these amounts, the county auditor
shall adjust for the influence
of increased assessed valuation within each district, including
the effect of jurisdictional changes, and the reductions in property
tax allocations required in the 1992-93 fiscal year by Chapters 699
and 1369 of the Statutes of 1992. In the case of a special district
that has been consolidated or reorganized, the auditor shall
determine the amount of its current property tax allocation that is
attributable to the prior district's or districts' receipt of state
assistance payments pursuant to Chapter 282 of the Statutes of 1979.
Notwithstanding any other provision of this paragraph, for a special
district that is governed by a city council or whose governing board
has the same membership as a city council and that is a subsidiary
district as defined in subdivision (e) of Section 16271 of the
Government Code, the county auditor shall multiply the amount that
otherwise would be calculated pursuant to this paragraph by 0.38 and
the result shall be used in the calculations required by paragraph
(5). In no event shall the amount determined by this paragraph be
less than zero.
(B) Notwithstanding subparagraph (A), commencing with the 1994-95
fiscal year, in the County of Sacramento, the auditor shall determine
the amount for each special district that represents the current
amount of its allocations determined pursuant to Section 96, 96.1,
96.5, or 100.6 for the 1994-95 fiscal year that is attributed to the
property tax shift from schools required by Chapter 282 of the
Statutes of 1979.
(4) (A) On or before September 15, 1993, the county auditor shall
determine an amount for each special district that is engaged in fire
protection activities, as reported to the Controller for inclusion
in the 1989-90 Edition of the Financial Transactions Report
Concerning Special Districts under the heading of "Fire Protection,"
that is equal to the amount of revenue allocated to that special
district from the Special District Augmentation Fund for fire
protection activities in the 1992-93 fiscal year. In the case of a
special district, other than a special district governed by the
county board of supervisors or whose governing body is the same as
the county board of supervisors, that is engaged in fire protection
activities as reported to the Controller, the county auditor shall
also determine the amount by which the district's amount determined
pursuant to paragraph (3) exceeds the amount by which its allocation
was reduced by operation of former Section 98.6 in the 1992-93 fiscal
year. This amount shall be added to the amount otherwise determined
for the district under this paragraph. In any county subject to
former Section 98.65, 98.66, 98.67, or 98.68 in that same fiscal
year, the county auditor shall determine for each special district
that is engaged in fire protection activities an amount that is equal
to the amount determined for that district pursuant to paragraph
(3).
(B) For purposes of this paragraph, a special district includes
any special district that is allocated property tax revenue pursuant
to this chapter and does not appear in the State Controller's Report
on Financial Transactions Concerning Special Districts, but is
engaged in fire protection activities and appears in the State
Controller's Report on Financial Transactions Concerning Counties.
(5) The total amount of property taxes allocated to special
districts by the county auditor as a result of paragraph (4) shall be
subtracted from the amount of property tax revenues not allocated to
special districts by the county auditor as a result of paragraph (3)
to determine the amount to be deposited in the Educational Revenue
Augmentation Fund as specified in subdivision (d).
(6) On or before September 30, 1993, the county auditor shall
notify the Director of Finance of the net amount determined for
special districts pursuant to paragraph (5).
(d) (1) The amount of property tax revenues not allocated to the
county, city and county, cities within the county, and special
districts as a result of the reductions required by subdivisions (a),
(b), and (c) shall instead be deposited in the Educational Revenue
Augmentation Fund established in each county or city and county
pursuant to Section 97.2. The amount of revenue in the Educational
Revenue Augmentation Fund, derived from whatever source, shall be
allocated pursuant to paragraphs (2) and (3) to school districts and
county offices of education, in total, and to community college
districts, in total, in the same proportion that property tax
revenues were distributed to school districts and county offices of
education, in total, and community college districts, in total,
during the 1992-93 fiscal year.
(2) The county auditor shall, based on information provided by the
county superintendent of schools pursuant to this paragraph,
allocate that proportion of the revenue in the Educational Revenue
Augmentation Fund to be allocated to school districts and county
offices of education only to those school districts and county
offices of education within the county that are not excess tax school
entities, as defined in subdivision (n) of Section 95. The county
superintendent of schools shall determine the amount to be allocated
to each school district in inverse proportion to the amounts of
property tax revenue per average daily attendance in each school
district. For each county office of education, the allocation shall
be made based on the historical split of base property tax revenue
between the county office of education and school districts within
the county. In no event shall any additional money be allocated from
the Educational Revenue Augmentation Fund to a school district or
county office of education upon that district or county office of
education becoming an excess tax school entity. If, after
determining the amount to be allocated to each school district and
county office of education, the county superintendent of schools
determines there are still additional funds to be allocated, the
county superintendent of schools shall determine the remainder to be
allocated in inverse proportion to the amounts of property tax
revenue, excluding Educational Revenue Augmentation Fund moneys, per
average daily attendance in each remaining school district, and on
the basis of the historical split described above for each county
office of education, that is not an excess tax school entity until
all funds that would not result in a school district or county office
of education becoming an excess tax school entity are allocated.
The county superintendent of schools may determine the amounts to be
allocated between each school district and county office of education
to ensure that all funds that would not result in a school district
or county office of education becoming an excess tax school entity
are allocated.
(3) The county auditor shall, based on information provided by the
Chancellor of the California Community Colleges pursuant to this
paragraph, allocate that proportion of the revenue in the Educational
Revenue Augmentation Fund to be allocated to community college
districts only to those community college districts within the county
that are not excess tax school entities, as defined in subdivision
(n) of Section 95. The chancellor shall determine the amount to be
allocated to each community college district in inverse proportion to
the amounts of property tax revenue per funded full-time equivalent
student in each community college district. In no event shall any
additional money be allocated from the Educational Revenue
Augmentation Fund to a community college district upon that district
becoming an excess tax school entity.
(4) If, after making the allocation required pursuant to paragraph
(2), the auditor determines that there are still additional funds to
be allocated, the auditor shall allocate those excess funds pursuant
to paragraph (3). If, after making the allocation pursuant to
paragraph (3), the auditor determines that there are still additional
funds to be allocated, the auditor shall allocate those excess funds
pursuant to paragraph (2). If, after determining the amount to be
allocated to each community college district, the Chancellor of the
California Community Colleges determines that there are still
additional funds to be allocated, the Chancellor of the California
Community Colleges shall determine the remainder to be allocated to
each community college district in inverse proportion to the amounts
of property tax revenue, excluding Educational Revenue Augmentation
Fund moneys, per funded full-time equivalent student in each
remaining community college district that is not an excess tax school
entity until all funds that would not result in a community college
district becoming an excess tax school entity are allocated.
(5) For purposes of allocations made pursuant to Section 96.1 for
the 1994-95 fiscal year, the amounts allocated from the Educational
Revenue Augmentation Fund pursuant to this subdivision, other than
those amounts deposited in the Educational Revenue Augmentation Fund
pursuant to any provision of the Health and Safety Code, shall be
deemed property tax revenue allocated to the Educational Revenue
Augmentation Fund in the prior fiscal year.
SEC. 153. Section 171 of the Revenue and Taxation Code is amended
to read:
171. (a) Notwithstanding any other provision of law, no interest
or penalties shall be imposed or collected with respect to any
delinquent installments of property taxes levied for the 1992-93
fiscal year on qualified residential real property.
(b) The county treasurer or tax collector shall not take any
collection action, and shall cease any collection action that has
commenced, with respect to any delinquent property taxes for the
1992-93 fiscal year that were levied on qualified real property,
until on or after January 1, 1994. The treasurer or tax collector
may impose any applicable interest and penalties on any delinquent
property taxes levied on qualified real property for the 1992-93
fiscal year beginning on or after January 1, 1994, if those taxes or
any portion thereof remain delinquent on or after that date.
(c) For purposes of this section:
(1) "Qualified residential real property" means any residential
real property that meets all of the following conditions:
(A) No amount of property taxes levied on that property was
delinquent at the close of the 1991-92 fiscal year.
(B) The owner of the property suffered economic hardship as a
result of the civil unrest that occurred in Los Angeles in April and
May 1992.
(C) The property is eligible for a homeowner's exemption.
(2) An owner shall be deemed to have suffered "economic hardship"
if both of the following occur:
(A) The owner signs a declaration under penalty of perjury under
the laws of this state that he or she suffered economic hardship as a
result of the civil unrest that occurred in Los Angeles in April and
May 1992.
(B) A business owned by the taxpayer, the taxpayer's primary place
of work, or the taxpayer's residence that qualifies for the
homeowner's exemption is located in the area designated as the Los
Angeles Revitalization Zone pursuant to Government Code Section 7102.
(d) A claim for relief under this section shall be filed by an
owner on a form and in the manner as the treasurer or tax collector
shall prescribe.
(e) The treasurer or tax collector shall permit any individual
entitled to relief under this section who has paid any interest or
penalties in connection with delinquent taxes levied for the 1992-93
fiscal year on qualified residential real property prior to filing a
claim for relief to also file a claim for refund of the interest and
penalties paid on a form and in the manner as the treasurer or tax
collector shall prescribe.
SEC. 154. Section 6363.6 of the Revenue and Taxation Code is
amended to read:
6363.6. 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, meals and food products for human
consumption furnished or served to and consumed by residents or
patients of the following:
(a) A health facility, as defined in Section 1250 of the Health
and Safety Code, that holds the license required pursuant to Section
1253, or is exempt from the license requirement pursuant to
subdivision (a) of Section 1270, or is operated by the United States.
(b) A community care facility, as defined in Section 1502 of the
Health and Safety Code, that holds the license required by Section
1508, or is a residential facility selected by a licensee pursuant to
Section 1506 and exclusively used for the reception and care of
persons placed by the licensee, or is exempt from the license
requirement pursuant to subdivision (f) of Section 1505, or is
operated by the United States.
(c) A residential care facility for the elderly, as defined in
Section 1569.2 of the Health and Safety Code, that holds the license
required by Section 1569.10 of the Health and Safety Code or is
exempt from the license requirements pursuant to Section 1569.145 of
the Health and Safety Code, or is operated by the United States.
(d) Any house or institution supplying board and room for a flat
monthly rate and serving as a principal residence exclusively for
persons 62 years of age or older, and any housing that primarily
serves older persons and that is financed by state or federal
programs.
(e) An alcoholism recovery facility, as defined in Section
11834.02 of the Health and Safety Code, that holds the license
required by Section 11834.30 of the Health and Safety Code. This
subdivision shall apply to meals served by the facility on or after
January 1, 1985.
(f) A drug abuse recovery or treatment facility, as defined in
Section 11834.02 of the Health and Safety Code, that holds the
license required by Section 11834.30 of the Health and Safety Code.
SEC. 155. Section 6377 of the Revenue and Taxation Code is amended
to read:
6377. (a) 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, any of the following:
(1) Tangible personal property purchased for use by a qualified
person to be used primarily in any stage of the manufacturing,
processing, refining, fabricating, or recycling of property,
beginning at the point any raw materials are received by the
qualified person and introduced into the process and ending at the
point at which the manufacturing, processing, refining, fabricating,
or recycling has altered property to its completed form, including
packaging, if required.
(2) Tangible personal property purchased for use by a qualified
person to be used primarily in research and development.
(3) Tangible personal property purchased for use by a qualified
person to be used primarily to maintain, repair, measure, or test any
property described in paragraph (1) or (2).
(4) Tangible personal property purchased for use by a contractor
purchasing that property either as an agent of a qualified person or
for the contractor's own account and subsequent resale to a qualified
person for use in the performance of a construction contract for the
qualified person who will use the tangible personal property as an
integral part of the manufacturing, processing, refining,
fabricating, or recycling process, or as a research or storage
facility for use in connection with the manufacturing process.
This exemption shall not apply to any tangible personal property
that is used primarily in administration, general management, or
marketing.
(b) For purposes of this section:
(1) "Fabricating" means to make, build, create, produce, or
assemble components or property to work in a new or different manner.
(2) "Manufacturing" means the activity of converting or
conditioning property by changing the form, composition, quality, or
character of the property for ultimate sale at retail or use in the
manufacturing of a product to be ultimately sold at retail.
Manufacturing includes any improvements to tangible personal property
that result in a greater service life or greater functionality than
that of the original property.
(3) "Primarily" means tangible personal property used 50 percent
or more of the time in an activity described in subdivision (a).
(4) "Processing" means the physical application of the materials
and labor necessary to modify or change the characteristics of
property.
(5) "Qualified person" means any person that is both of the
following:
(A) A new trade or business. In determining whether a trade or
business activity qualifies as a new trade or business, the following
rules shall apply:
(i) In any case where a person purchases or otherwise acquires all
or any portion of the assets of an existing trade or business
(irrespective of the form of entity) that is doing business in this
state (within the meaning of Section 23101), the trade or business
thereafter conducted by that person (or any related person) shall not
be treated as a new business if the aggregate fair market value of
the acquired assets (including, real, personal, tangible, and
intangible property) used by that person (or any related person) in
the conduct of his or her trade or business exceed 20 percent of the
aggregate fair market value of the total assets of the trade or
business being conducted by the person (or any related person). For
purposes of this subparagraph only, the following rules shall apply:
(I) The determination of the relative fair market values of the
acquired assets and the total assets shall be made as of the last day
of the month following the quarterly period in which the person (or
any related person) first uses any of the acquired trade or business
assets in his or her business activity.
(II) Any acquired assets that constituted property described in
Section 1221(1) of the Internal Revenue Code in the hands of the
transferor shall not be treated as assets acquired from an existing
trade or business, unless those assets also constitute property
described in Section 1221(1) of the Internal Revenue Code in the
hands of the acquiring person (or related person).
(ii) In any case where a person (or any related person) is engaged
in one or more trade or business activities in this state, or has
been engaged in one or more trade or business activities in this
state within the preceding 36 months ("prior trade or business
activity"), and thereafter commences an additional trade or business
activity in this state, the additional trade or business activity
shall only be treated as a new business if the additional trade or
business activity is classified under a different division of the
Standard Industrial Classification Manual published by the United
States Office of Management and Budget, 1987 edition, than are any of
the person's (or any related person's) current or prior trade or
business activities in this state.
(iii) In any case where a person, including all related persons,
is engaged in trade or business activities wholly outside of this
state and that person first commences doing business in this state
(within the meaning of Section 23101) after December 31, 1993 (other
than by purchase or other acquisition described in clause (i)), the
trade or business activity shall be treated as a new business.
(iv) In any case where the legal form under which a trade or
business activity is being conducted is changed, the change in form
shall be disregarded and the determination of whether the trade or
business activity is a new business shall be made by treating the
person as having purchased or otherwise acquired all or any portion
of the assets of an existing trade or business under the rules of
clause (i).
(v) The term "related person" shall mean any person that is
related to that person under either Section 267 or 318 of the
Internal Revenue Code.
(vi) The term "acquire" shall include any gift, inheritance,
transfer incident to divorce, or any other transfer, whether or not
for consideration.
(B) Engaged in those lines of business described in Codes 2000 to
3999, inclusive, of the Standard Industrial Classification Manual
published by the United States Office of Management and Budget, 1987
edition.
(6) Notwithstanding paragraph (5), "qualified person" shall not
include any person who has conducted business activities in a new
trade or business for three or more years.
(7) "Refining" means the process of converting a natural resource
to an intermediate or finished product.
(8) "Research and development" means those activities that are
described in Section 174 of the Internal Revenue Code or in any
regulations thereunder.
(9) "Tangible personal property" does not include any of the
following:
(A) Consumables with a normal useful life of less than one year,
except as provided in subparagraph (E) of paragraph (10).
(B) Furniture, inventory, equipment used in the extraction
process, or equipment used to store finished products that have
completed the manufacturing process.
(C) Any property for which a credit is claimed under either
Section 17053.49 or 23649.
(10) "Tangible personal property" includes, but is not limited to,
all of the following:
(A) Machinery and equipment, including component parts and
contrivances such as belts, shafts, moving parts, and operating
structures.
(B) All equipment or devices used or required to operate, control,
regulate, or maintain the machinery, including, without limitation,
computers, data processing equipment, and computer software, together
with all repair and replacement parts with a useful life of one or
more years therefor, whether purchased separately or in conjunction
with a complete machine and regardless of whether the machine or
component parts are assembled by the taxpayer or another party.
(C) Property used in pollution control that meets or exceed
standards established by this state or any local or regional
governmental agency within this state.
(D) Special purpose buildings and foundations used as an integral
part of the manufacturing, processing, refining, or fabricating
process, or that constitute a research or storage facility used
during the manufacturing process. Buildings used solely for
warehousing purposes after completion of the manufacturing process
are not included.
(E) Fuels used or consumed in the manufacturing process.
(F) Property used in recycling.
(c) No exemption shall be allowed under this section unless the
purchaser furnishes the retailer with an exemption certificate,
completed in accordance with any instructions or regulations as the
board may prescribe, and the retailer subsequently furnishes the
board with a copy of the exemption certificate. The exemption
certificate shall contain the sales price of the machinery or
equipment that is exempt pursuant to subdivision (a).
(d) Notwithstanding any provision of the Bradley-Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200))
or the Transactions and Use Tax Law (Part 1.6 (commencing with
Section 7251)), the exemption established by this section shall not
apply with respect to any tax levied by a county, city, or district
pursuant to, or in accordance with, either of those laws.
(e) (1) Notwithstanding subdivision (a), the exemption provided by
this section shall not apply to any sale or use of property which,
within one year from the date of purchase, is either removed from
California or converted from an exempt use under subdivision (a) to
some other use not qualifying for the exemption.
(2) Notwithstanding subdivision (a), on or after January 1, 1995,
the exemption established by this section shall not apply with
respect to any tax levied pursuant to Sections 6051.2 and 6201.2, or
pursuant to Section 35 of Article XIII of the California
Constitution.
(f) If a purchaser certifies in writing to the seller that the
property purchased without payment of the tax will be used in a
manner entitling the seller to regard the gross receipts from the
sale as exempt from the sales tax, and within one year from the date
of purchase, the purchaser (1) removes that property outside
California, (2) converts that property for use in a manner not
qualifying for the exemption, or (3) uses that property in a manner
not qualifying for the exemption, the purchaser shall be liable for
payment of sales tax, with applicable interest, as if the purchaser
were a retailer making a retail sale of the property at the time the
property is so removed, converted, or used, and the sales price of
the property to the purchaser shall be deemed the gross receipts from
that retail sale.
(g) (1) This section shall remain in effect until the date
specified in paragraph (2), on which date this section shall cease to
be operative, and as of that date is repealed.
(2) (A) This section shall cease to be operative on January 1,
2001, or on January 1 of the earliest year thereafter, if the total
employment in this state, as determined by the Employment Development
Department on the preceding January 1, does not exceed by 100,000
jobs the total employment in this state on January 1, 1994. The
department shall report annually to the Legislature with respect to
the determination required by the preceding sentence.
(B) For purposes of this paragraph, "total employment" means the
total employment in the manufacturing sector, excluding employment in
the aerospace sector.
SEC. 156. Section 10878 of the Revenue and Taxation Code is
amended to read:
10878. (a) Notwithstanding Sections 10877 and 10951, on and after
July 1, 1993, the responsibility and authority for the collection of
the following delinquent amounts, and any interest, penalties, or
service fees added thereto, shall be transferred from the department
to the Franchise Tax Board:
(1) Registration fees.
(2) Transfer fees.
(3) License fees.
(4) Use taxes.
(5) Penalties for offenses relating to the standing or parking of
a vehicle for which a notice of parking violation has been served on
the owner, and any administrative service fee added to the penalty.
(6) Any court-imposed fine or penalty assessment, and any
administrative service fee added thereto, that is subject to
collection by the department.
(b) Any reference in this part to the department in connection
with the duty to collect these amounts shall be deemed a reference to
the Franchise Tax Board.
(c) The amounts collected under subdivision (a) may be collected
in any manner authorized under the law as though they were a tax
imposed under Part 10 (commencing with Section
17001) that is final, including, but not
limited to, issuance of an order and levy under Article 4 (commencing
with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure in the manner provided for earnings
withholding order for taxes. Part 10 (commencing with Section
17001), 10.2 (commencing with Section 18401), or 10.7 (commencing
with Section 21001), or any other applicable law shall apply for this
purpose in the same manner and with the same force and effect as if
the language of Part 10, 10.2, or 10.7, or the other applicable law
is incorporated in full into this authority to collect these amounts,
except to the extent that the provision is either inconsistent with
the collection of these amounts or is not relevant to the collection
of these amounts.
(d) Even though the amounts authorized by this section are
collected as though they are taxes, amounts so received by the
Franchise Tax Board shall be deposited into an appropriate fund or
account upon agreement between the Franchise Tax Board and the
department. The amounts shall be distributed by the department from
the appropriate fund or account in accordance with the laws providing
for the deposits and distributions as though the moneys were
received by the department.
(e) For any collection action under this section, the Franchise
Tax Board may utilize the contract authorization, procedures, and
mechanisms available either with respect to the collection of taxes,
interest, additions to tax, and penalties pursuant to Section 18837
or 19376, or with respect to the collection of the delinquencies by
the department immediately prior to the time this section takes
effect.
(f) The Legislature finds that it is essential for fiscal purposes
that the program authorized by this section be expeditiously
implemented. Accordingly, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
shall not apply to any standard, criteria, procedure, determination,
rule, notice, or guideline established or issued by the Franchise Tax
Board in implementing and administering the program required by this
section.
(g) Any standard, criteria, procedure, determination, rule,
notice, or guideline, that is not subject to the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code pursuant to subdivision (f), shall
be approved by the Franchise Tax Board, itself.
(h) The Franchise Tax Board may enter into any agreements or
contracts necessary to implement and administer the provisions of
this section. The Franchise Tax Board in administering this section
may delegate collection activities to the department. Any contracts
may provide for payment of the contract on the basis of a percentage
of the amount of revenue realized as a result of the contractor's
services under that contract. However, the Franchise Tax Board, in
administering this part, may not enter into contracts with private
collection agencies as authorized under Section 19377.
SEC. 157. Section 17052.18 of the Revenue and Taxation Code, as
amended by Section 2 of Chapter 748 of the Statutes 1994, is amended
to read:
17052.18. (a) For each taxable year beginning on or after January
1, 1988, and before January 1, 1995, there shall be allowed as a
credit against the "net tax" (as defined by Section 17039) an amount
equal to the amount determined in subdivision (b).
(b) (1) The amount of the credit allowed by this section shall be
50 percent of the cost paid or incurred by the taxpayer on or after
September 23, 1988, for contributions to a qualified care plan made
on behalf of any qualified dependent of the taxpayer's qualified
employee.
(2) The amount of the credit allowed by this section in any
taxable year shall not exceed six hundred dollars ($600) for each
qualified dependent.
(c) For purposes of this section:
(1) "Qualified care plan" means a plan providing qualified care.
(2) "Qualified care" includes, but is not limited to, onsite
service, center-based service, in-home care or home-provider care,
and a dependent care center as defined by Section 21(b)(2)(D) of the
Internal Revenue Code that is a specialized center with respect to
short-term illnesses of an employee's dependents. "Qualified care"
must be provided in this state under the authority of a license when
required by California law.
(3) "Specialized center" means a facility that provides care to
mildly ill children and that may do all of the following:
(A) Be staffed by pediatric nurses and day care workers.
(B) Admit children suffering from common childhood ailments
(including colds, flu, and chickenpox).
(C) Make special arrangements for well children with minor
problems associated with diabetes, asthma, breaks or sprains, and
recuperation from surgery.
(D) Separate children according to their illness and symptoms in
order to protect them from cross-infection.
(4) "Contributions" include employer reimbursements to employees
for the employee's qualified care expenses, or direct payments to
child care programs or providers, or both.
(5) "Qualified employee" means any employee of the taxpayer who is
performing services for the taxpayer in this state, within the
meaning of Section 25133, during the period in which the qualified
care is performed.
(6) "Employee" includes an individual who is an employee within
the meaning of Section 401(c)(1) of the Internal Revenue Code
(relating to self-employed individuals).
(7) "Qualified dependent" means any dependent of a qualified
employee who is under the age of 15 years.
(d) If an employer makes contributions to a qualified care plan
and also collects fees from parents to support a child care facility
owned and operated by the employer, no credit shall be allowed under
this section for contributions in the amount, if any, by which the
sum of the contributions and fees exceed the total cost of providing
care. The Franchise Tax Board may require information about fees
collected from parents of children.
(e) If the duration of the child care received is less than 42
weeks, the employer shall claim a prorated portion of the allowable
credit. The employer shall prorate the credit using the ratio of the
number of weeks of care received divided by 42 weeks.
(f) I If the credit allowed by this section exceeds the "net tax,"
the excess may be carried over to reduce the "net tax" in the
following year, and succeeding years if necessary until the credit
has been exhausted.
(g) The credit shall not be available to an employer if the care
provided on behalf of an employee is provided by an individual who:
(1) Qualifies as a dependent of that employee or that employee's
spouse under paragraph (1) of subdivision (d) of Section 17054.
(2) Is (within the meaning of Section 17056) a son, stepson,
daughter, or stepdaughter of that employee and is under the age of 19
at the close of that taxable year.
(h) The contributions to a qualified care plan shall not
discriminate in favor of employees who are officers, owners, or
highly compensated, or their dependents.
(i) No deduction shall be allowed as otherwise provided in this
part for that portion of expenses paid or incurred for the taxable
year that is equal to the amount of the credit allowed under this
section.
(j) If the credit is taken by an employer for contributions to a
qualified care plan that is used at a facility owned by the employer,
the basis of that facility shall be reduced by the amount of the
credit. The basis adjustment shall be made for the taxable year for
which the credit is allowed.
(k) This section shall remain in effect only until December 1,
1995, and as of that date is repealed. However, any unused credit
may continue to be carried forward, as provided in subdivision (f),
until the credit has been exhausted.
SEC. 158. Section 17052.18 of the Revenue and Taxation Code, as
added by Section 3 of Chapter 748 of the Statutes 1994, is amended to
read:
17052.18. (a) For each taxable year beginning on or after January
1, 1995, and before January 1, 1998, there shall be allowed as a
credit against the "net tax" (as defined by Section 17039) an amount
equal to the amount determined in subdivision (b).
(b) (1) The amount of the credit allowed by this section shall be
30 percent of the cost paid or incurred by the taxpayer for
contributions to a qualified care plan made on behalf of any
qualified dependent of the taxpayer's qualified employee.
(2) The amount of the credit allowed by this section in any
taxable year shall not exceed three hundred sixty dollars ($360) for
each qualified dependent.
(c) For purposes of this section:
(1) "Qualified care plan" means a plan providing qualified care.
(2) "Qualified care" includes, but is not limited to, onsite
service, center-based service, in-home care or home-provider care,
and a dependent care center as defined by Section 21(b)(2)(D) of the
Internal Revenue Code that is a specialized center with respect to
short-term illnesses of an employee's dependents. "Qualified care"
must be provided in this state under the authority of a license when
required by California law.
(3) "Specialized center" means a facility that provides care to
mildly ill children and that may do all of the following:
(A) Be staffed by pediatric nurses and day care workers.
(B) Admit children suffering from common childhood ailments
(including colds, flu, and chickenpox).
(C) Make special arrangements for well children with minor
problems associated with diabetes, asthma, breaks or sprains, and
recuperation from surgery.
(D) Separate children according to their illness and symptoms in
order to protect them from cross-infection.
(4) "Contributions" include direct payments to child care programs
or providers.
(5) "Qualified employee" means any employee of the taxpayer who is
performing services for the taxpayer in this state, within the
meaning of Section 25133, during the period in which the qualified
care is performed.
(6) "Employee" includes an individual who is an employee within
the meaning of Section 401(c)(1) of the Internal Revenue Code
(relating to self-employed individuals).
(7) "Qualified dependent" means any dependent of a qualified
employee who is under the age of 12 years.
(d) If an employer makes contributions to a qualified care plan
and also collects fees from parents to support a child care facility
owned and operated by the employer, no credit shall be allowed under
this section for contributions in the amount, if any, by which the
sum of the contributions and fees exceed the total cost of providing
care. The Franchise Tax Board may require information about fees
collected from parents of children.
(e) If the duration of the child care received is less than 42
weeks, the employer shall claim a prorated portion of the allowable
credit. The employer shall prorate the credit using the ratio of the
number of weeks of care received divided by 42 weeks.
(f) If the credit allowed by this section exceeds the "net tax,"
the excess may be carried over to reduce the "net tax" in the
following year, and succeeding years if necessary until the credit
has been exhausted.
(g) The credit shall not be available to an employer if the care
provided on behalf of an employee is provided by an individual who:
(1) Qualifies as a dependent of that employee or that employee's
spouse under paragraph (1) of subdivision (d) of Section 17054.
(2) Is (within the meaning of Section 17056) a son, stepson,
daughter, or stepdaughter of that employee and is under the age of 19
at the close of that taxable year.
(h) The contributions to a qualified care plan shall not
discriminate in favor of employees who are officers, owners, or
highly compensated, or their dependents.
(i) No deduction shall be allowed as otherwise provided in this
part for that portion of expenses paid or incurred for the taxable
year that is equal to the amount of the credit allowed under this
section.
(j) If the credit is taken by an employer for contributions to a
qualified care plan that is used at a facility owned by the employer,
the basis of that facility shall be reduced by the amount of the
credit. The basis adjustment shall be made for the taxable year for
which the credit is allowed.
(k) This section shall remain in effect only until December 1,
1998, and as of that date is repealed. However, any unused credit
may continue to be carried forward, as provided in subdivision (f),
until the credit has been exhausted.
SEC. 159. Section 17053.49 of the Revenue and Taxation Code is
amended to read:
17053.49. (a) (1) A qualified taxpayer shall be allowed a credit
against the "net tax," as defined in Section 17039, equal to 6
percent of the qualified cost of qualified property that is placed in
service in this state.
(2) In the case of any qualified costs paid or incurred on or
after January 1, 1994, and prior to the first taxable year of the
qualified taxpayer beginning on or after January 1, 1995, the credit
provided under paragraph (1) shall be claimed by the qualified
taxpayer on the qualified taxpayer's return for the first taxable
year beginning on or after January 1, 1995. No credit shall be
claimed under this section on a return filed for any taxable year
commencing prior to the qualified taxpayer's first taxable year
beginning on or after January 1, 1995.
(b) (1) For purposes of this section, "qualified cost" means any
cost that satisfies each of the following conditions:
(A) Except as otherwise provided in this subparagraph, is a cost
paid or incurred by the qualified taxpayer for the construction,
reconstruction, or acquisition of qualified property on or after
January 1, 1994, and prior to the date this section ceases to be
operative under paragraph (2) of subdivision (i). In the case of any
qualified property constructed, reconstructed, or acquired by the
qualified taxpayer (or any person related to the qualified taxpayer
within the meaning of Section 267 or 707 of the Internal Revenue
Code) pursuant to a binding contract in existence on or prior to
January 1, 1994, costs paid pursuant to that contract shall be
subject to allocation as follows. Contract costs shall be allocated
to qualified property based on a ratio of costs actually paid prior
to January 1, 1994, and total contract costs actually paid. "Cost
paid" shall include, without limitation, contractual deposits and
option payments. To the extent of costs allocated, whether or not
currently deductible or depreciable for tax purposes, to a period
prior to January 1, 1994, the cost shall be deemed allocated to
property acquired before January 1, 1994, and is thus not a
"qualified cost."
(B) Except as provided in paragraph (2) of subdivision (d) and
subparagraph (B) of paragraph (3) of subdivision (d), is an amount
upon which the qualified taxpayer has paid, directly or indirectly as
a separately stated contract amount or as determined from the
records of the qualified taxpayer, sales or use tax under Part 1
(commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code.
(C) Is an amount properly chargeable to the capital account of the
qualified taxpayer.
(2) (A) For purposes of this subdivision, any contract entered
into on or after January 1, 1994, that is a successor or replacement
contract to a contract that was binding prior to January 1, 1994,
shall be treated as a binding contract in existence prior to January
1, 1994.
(B) If a successor or replacement contract is entered into on or
after January 1, 1994, and the subject of the successor or
replacement contract relates both to amounts for the construction,
reconstruction, or acquisition of qualified property described in the
original binding contract and to costs for the construction,
reconstruction, or acquisition of qualified property not described in
the original binding contract, then the portion of those amounts
described in the successor or replacement contract that were not
described in the original binding contract shall not be treated as
costs paid or incurred pursuant to a binding contract in existence on
or prior to January 1, 1994, under subparagraph (A) of paragraph
(1).
(3) (A) For purposes of this section, an option contract in
existence prior to January 1, 1994, under which a qualified taxpayer
(or any other person related to the qualified taxpayer within the
meaning of Section 267 or 707 of the Internal Revenue Code) had an
option to acquire qualified property, shall be treated as a binding
contract under the rules in paragraph (2). For purposes of this
subparagraph, an option contract shall not include an option under
which the option holder will forfeit an amount less than 10 percent
of the fixed option price in the event the option is not exercised.
(B) For purposes of this section, a contract shall be treated as
binding even if the contract is subject to a condition.
(c) For purposes of this section, "qualified taxpayer" means any
taxpayer or partnership engaged in those lines of business described
in Codes 2000 to 3999, inclusive, of the Standard Industrial
Classification (SIC) Manual published by the United States Office of
Management and Budget, 1987 edition.
(d) For purposes of this section, "qualified property" means
property that is described as either of the following:
(1) Tangible personal property that is defined in Section 1245(a)
of the Internal Revenue Code for use by a qualified taxpayer in those
lines of business described in Codes 2000 to 3999, inclusive, of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition, that is
primarily used for any of the following:
(A) For the manufacturing, processing, refining, fabricating, or
recycling of property, beginning at the point at which any raw
materials are received by the qualified taxpayer and introduced into
the process and ending at the point at which the manufacturing,
processing, refining, fabricating, or recycling has altered tangible
personal property to its completed form, including packaging, if
required.
(B) In research and development.
(C) To maintain, repair, measure, or test any property described
in this paragraph.
(D) For pollution control that meets or exceeds standards
established by the state or by any local or regional governmental
agency within the state.
(E) For recycling.
(2) The value of any capitalized labor costs that are directly
allocable to the construction or modification of property described
in paragraph (1).
(3) In the case of any qualified taxpayer engaged in manufacturing
activities described in SIC Code 357 or 367 or those activities
related to biotech described in SIC Code 8731 or those activities
related to biopharmaceutical establishments only that are described
in SIC Codes 2830 to 2836, inclusive, "qualified property" also
includes the following:
(A) Special purpose buildings and foundations that are constructed
or modified for use by the qualified taxpayer primarily in a
manufacturing, processing, refining, or fabricating process, or as a
research or storage facility primarily used in connection with a
manufacturing process.
(B) The value of any capitalized labor costs that are directly
allocable to the construction or modification of special purpose
buildings and foundations that are used primarily in the
manufacturing, processing, refining, or fabricating process, or as a
research or storage facility primarily used in connection with a
manufacturing process.
(C) (i) For purposes of this paragraph, "special purpose building
and foundation" means only a building and the foundation immediately
underlying the building that is specifically designed and constructed
or reconstructed for the installation, operation, and use of
specific machinery and equipment with a special purpose, which
machinery and equipment, after installation, will become affixed to
or a fixture of the real property, and the construction or
reconstruction of which is specifically designed and used exclusively
for the specified purposes as set forth in subparagraph (A) ("
qualified purpose").
(ii) A building is specifically designed and constructed or
modified for a qualified purpose if it is not economic to design and
construct the building for the intended purpose and then use the
structure for a different purpose.
(iii) For purposes of clause (i) and clause (vi), a building is
used exclusively for a qualified purpose only if its use does not
include a use for which it was not specifically designed and
constructed or modified. Incidental use of a building for
nonqualified purposes does not preclude the building from being a
special purpose building. "Incidental use" means a use which is both
related and subordinate to the qualified purpose. It will be
conclusively presumed that a use is not subordinate if more than
one-third of the total usable volume of the building is devoted to a
use which is not a qualified purpose.
(iv) In the event an entire building does not qualify as a special
purpose building, a taxpayer may establish that a portion of a
building, and the foundation immediately underlying the portion,
qualifies for treatment as a special purpose building and foundation
if the portion satisfies all of the definitional provisions in this
subparagraph.
(v) To the extent that a building is not a special purpose
building as defined above, but a portion of the building qualifies
for treatment as a special purpose building, then all equipment which
exclusively supports the qualified purpose occurring within that
portion and which would qualify as Internal Revenue Code Section 1245
property if it were not a fixture or affixed to the building shall
be treated as a cost of the portion of the building which qualifies
for treatment as a special purpose building.
(vi) Buildings and foundations which do not meet the definition of
a special purpose building and foundation set forth above include,
but are not limited to: buildings designed and constructed or
reconstructed principally to function as a general purpose
manufacturing, industrial, or commercial building; research
facilities that are used primarily prior to or after, or prior to and
after, the manufacturing process; or storage facilities that are
used primarily prior to or after, or prior to and after, completion
of the manufacturing process. A research facility shall not be
considered to be used primarily prior to or after, or prior to and
after, the manufacturing process if its purpose and use relate
exclusively to the development and regulatory approval of the
manufacturing process for specific biopharmaceutical products. A
research facility which is used primarily in connection with the
discovery of an organism from which a biopharmaceutical product or
process is developed does not meet the requirements of the preceding
sentence.
(D) For purposes of this paragraph, "biopharmaceutical activities"
means those activities which use organisms or materials derived from
organisms, and their cellular, subcellular, or molecular components,
in order to provide pharmaceutical products for human or animal
therapeutics and diagnostics. Biopharmaceutical activities make use
of living organisms to make commercial products, as opposed to
pharmaceutical activities which make use of chemical compounds to
produce commercial products.
(4) Subject to the provisions in subparagraph (B) of paragraph
(1) of subdivision (b), qualified property also includes computer
software that is primarily used for those purposes set forth in
paragraph (1) of this subdivision.
(5) Qualified property does not include any of the following:
(A) Furniture.
(B) Facilities used for warehousing purposes after completion of
the manufacturing process.
(C) Inventory.
(D) Equipment used in the extraction process.
(E) Equipment used to store finished products that have completed
the manufacturing process.
(F) Any tangible personal property that is used in administration,
general management, or marketing.
(G) Any vehicle for which a credit is claimed pursuant to Section
17052.11 or 23603.
(e) For purposes of this section:
(1) "Fabricating" means to make, build, create, produce, or
assemble components or property to work in a new or different manner.
(2) "Manufacturing" means the activity of converting or
conditioning property by changing the form, composition, quality, or
character of the property for ultimate sale at retail or use in the
manufacturing of a product to be ultimately sold at retail.
Manufacturing includes any improvements to tangible personal property
that result in a greater service life or greater functionality than
that of the original property.
(3) "Primarily" means tangible personal property used 50 percent
or more of the time in an activity described in subdivision (d).
(4) "Processing" means the physical application of the materials
and labor necessary to modify or change the characteristics of
property.
(5) "Refining" means the process of converting a natural resource
to an intermediate or finished product.
(6) "Research and development" means those activities that are
described in Section 174 of the Internal Revenue Code or in any
regulations thereunder.
(7) "Small business" means a taxpayer that meets any of the
following requirements during the taxable year for which the credit
is allowed:
(A) Has gross receipts of less than fifty million dollars
($50,000,000).
(B) Has net assets of less than fifty million dollars
($50,000,000).
(C) Has a total credit of less than one million dollars
($1,000,000).
(f) The credit allowed under subdivision (a) shall apply to
qualified property that is acquired by or subject to lease by a
qualified taxpayer, subject to the following special rules:
(1) A lessor of qualified property, irrespective of whether the
lessor is a qualified taxpayer, shall not be allowed the credit
provided under subdivision (a) with respect to any qualified property
leased to another qualified taxpayer.
(2) For purposes of paragraphs (2) and (3) of subdivision (b),
"binding contract" shall include any lease agreement with respect to
the qualified property.
(3) (A) For purposes of determining the qualified cost paid or
incurred by a lessee in any leasing transaction that is not treated
as a sale under Part 1 (commencing with Section 6001) of Division 2,
the following rules shall apply:
(i) Except as provided by subparagraph (C) of this paragraph,
subparagraphs (A) and (C) of paragraph (1) of subdivision (b) shall
not apply.
(ii) Except as provided in subparagraph (B) and clause (iii), the
"qualified cost" upon which the lessee shall compute the credit
provided under this section shall be equal to the original cost to
the lessor (within the meaning of Section 18031) of the qualified
property that is the subject of the lease.
(iii) Except as provided in clause (iv), the requirement of
subparagraph (B) of paragraph (1) of subdivision (b) shall be treated
as satisfied only if the lessor has made a timely election under
either Section 6094.1 or subdivision (d) of Section 6244 and has paid
sales tax reimbursement or use tax measured by the purchase price of
the qualified property (within the meaning of paragraph (5) of
subdivision (g) of Section 6006). For purposes of this subdivision
and clause (iv), the amount of original cost to the lessor which may
be taken into account under clause (ii) shall not exceed the purchase
price upon which sales tax reimbursement or use tax has been paid
under the preceding sentence or under clause (iv).
(iv) With respect to leases entered into between January 1, 1994,
and the effective date of this clause, the lessor may elect to pay
use tax measured by the purchase price of the property by reporting
and paying the tax with the return of the lessor for the fourth
calendar quarter of 1994. In computing the use tax under the
preceding sentence, a credit shall be allowed under Part 1
(commencing with Section 6001) of Division 2 for all sales or use tax
previously paid on the lease.
(B) For purposes of applying subparagraph (A) only, the following
special rules shall apply:
(i) The original cost to the lessor of the qualified property
shall be reduced by the amount of any original cost of that property
that was taken into account by any predecessor lessee in computing
the credit allowable under this section.
(ii) Clause (i) shall not apply in any case where the predecessor
lessee was required to recapture the credit provided under this
section pursuant to the provisions of subdivision (g).
(iii) For purposes of this section only, in any case where a
successor lessor has acquired qualified property from a predecessor
lessor in a transaction not treated as a sale under Part 1
(commencing with Section 6001) of Division 2, the original cost to
the successor lessor of the qualified property shall be reduced by
the amount of the original cost of the qualified property that was
taken into account by any lessee of the predecessor lessor in
computing the credit allowable under this section.
(C) In determining the original cost of any qualified property
under this paragraph, only amounts paid or incurred by the lessor on
or after January 1, 1994, and prior to the date this section ceases
to be operative under paragraph (2) of subdivision (i), shall be
taken into account. In the case of any qualified property
constructed, reconstructed, or acquired by a lessor pursuant to a
binding contract in existence on or prior to January 1, 1994, the
allocation rule specified in subparagraph (A) of paragraph (1) of
subdivision (b) shall apply in determining the original cost to the
lessor of qualified property.
(D) Notwithstanding subparagraph (A), in the case of any leasing
transaction for which the lessee is allowed the credit under this
section and thereafter the lessee (or any party related to the lessee
within the meaning of Section 267 or 318 of the Internal Revenue
Code) acquires the qualified property from the lessor (or any
successor lessor) within one year from the date the qualified
property is first used by the lessee under the terms of the lease,
the lessee's (or related party's) acquisition of the qualified
property from the lessor (or successor lessor) shall be treated as a
disposition by the lessee of the qualified property that was subject
to the lease under subdivision (g).
(4) For purposes of determining the qualified cost paid or
incurred by a lessee in any leasing transaction that is treated as a
sale under Part 1 (commencing with Section 6001) of Division 2, the
following rules shall apply:
(A) Subparagraph (A) of paragraph (1) of subdivision (b) shall be
applied by substituting the term "purchase" for the term
"construction, reconstruction, or acquisition."
(B) Subparagraph (C) of paragraph (1) of subdivision (b) shall
apply.
(C) The requirement of subparagraph (B) of paragraph (1) of
subdivision (b) shall be treated as satisfied at the time that either
the lessor or the qualified taxpayer pays sales or use tax under
Part 1 (commencing with Section 6001) of Division 2.
(5) (A) In the case of any leasing transaction described in
paragraph (3), the lessor shall provide a statement to the lessee
specifying the amount of the lessor's original cost of the qualified
property and the amount of that cost upon which a sales or use tax
was paid within 45 days after the close of the lessee's taxable year
in which the credit is allowable to the lessee under this section.
(B) The statement required under subparagraph (A) shall be made
available to the Franchise Tax Board upon request.
(g) No credit shall be allowed if the qualified property is
removed from the state, is disposed of to an unrelated party, or is
used for any purpose not qualifying for the credit provided in this
section in the same taxable year in which the qualified property is
first placed in service in this state. If any qualified property for
which a credit is allowed pursuant to this section is thereafter
removed from this state, disposed of to an unrelated party, or used
for any purpose not qualifying for the credit provided in this
section within one year from the date the qualified property is first
placed in service in this state, the amount of the credit allowed by
this section for that qualified property shall be recaptured by
adding that credit amount to the net tax of the qualified taxpayer
for the taxable year in which the qualified property is disposed of,
removed, or put to an ineligible use.
(h) In the case where the credit allowed by this section exceeds
the "net tax," the excess may be carried over to reduce the "net tax"
in the following year, and succeeding years as follows:
(1) Except as provided in paragraph (2), for the seven succeeding
years if necessary, until the credit is exhausted.
(2) In the case of a small business, for the nine succeeding
years, if necessary, until the credit is exhausted.
(i) (1) This section shall remain in effect until the date
specified in paragraph (2), on which date this section shall cease to
be operative, and as of that date is repealed. However, any unused
credit may continue to be carried forward, as provided in subdivision
(h), until the credit is exhausted.
(2) (A) This section shall cease to be operative on January 1,
2001, or on January 1 of the earliest year thereafter, if the total
employment in this state, as determined by the Employment Development
Department on the preceding January 1, does not exceed by 100,000
jobs the total employment in this state on January 1, 1994. The
department shall report to the Legislature annually with respect to
the determination required by the preceding sentence.
(B) For purposes of this paragraph, "total employment" means the
total employment in the manufacturing sector, excluding employment in
the aerospace sector.
SEC. 160. Section 19132 of the Revenue and Taxation Code is
amended to read:
19132. (a) (1) Unless it is shown that the failure is due to
reasonable cause and not due to willful neglect, a penalty computed
in accordance with paragraph (2) is hereby imposed in the case of
failure to pay any of the following:
(A) The amount shown as tax on any return on or before the date
prescribed for payment of that tax, determined with regard to any
extension of time for payment.
(B) Any amount in respect of any tax required to be shown on a
return which is not so shown, including an assessment made pursuant
to Section 19051, within 10 days of the date of the notice and demand
therefor.
(C) The amount required to be paid by Section 19021, if
applicable, that is not paid.
(D) The amount required to be paid by Section 23091, if
applicable, that is not paid.
(2) The penalty imposed under paragraph (1) shall consist of both
of the following:
(A) Five percent of the total tax unpaid, as defined in
subdivision (c).
(B) An amount computed at the rate of 0.5 percent per month of the
"remaining tax," as defined in subdivision (d), for each additional
month or fraction thereof, not to exceed 40 months, during which the
"remaining tax" is greater than zero.
(3) The aggregate amount of penalty imposed by this subdivision
shall not exceed 25 percent of the total unpaid tax and shall be due
and payable upon notice and demand by the Franchise Tax Board. The
tender of a check or money order does not constitute payment of the
tax for purposes of this section unless the check or money order is
paid on presentment.
(b) The penalty prescribed by subdivision (a) shall not be
assessed if, for the same taxable year, the sum of any penalties
imposed under Section 19131 (relating to failure to file return) and
Section 19133 (relating to failure to file return after demand) is
equal to or greater than the penalty imposed by subdivision (a). In
the event the penalty imposed by subdivision (a) is greater that the
sum of any penalties imposed by Sections 19131 and 19133, the penalty
imposed by subdivision (a) shall be the amount which exceeds the sum
of any penalties imposed by Sections 19131 and 19133.
(c) For purposes of this section, total tax unpaid means the
amount of tax shown on the return reduced by both of the following:
(1) The amount of any part of the tax which is paid on or before
the date prescribed for payment of the tax.
(2) The amount of any credit against the tax which may be claimed
upon the return.
(d) For purposes of this section, "remaining tax" means total tax
unpaid reduced by the amount of any payment of the tax.
(e) If the amount required to be shown as a tax on a return is
less than the amount shown as tax on that return, subdivisions (a),
(c), and (d) shall be applied by substituting that lower amount.
(f) No interest shall accrue on the portion of the penalty
prescribed in subparagraph (B) of paragraph (2) of subdivision (a).
SEC. 161. Section 23610.5 of the Revenue and Taxation Code is
amended to read:
23610.5. (a) (1) There shall be allowed as a credit against the
"tax" (as defined by Section 23036) a state low-income housing tax
credit in an amount equal to the amount determined in subdivision
(c), computed in accordance with Section 42 of the Internal Revenue
Code of 1986, except as otherwise provided in this section.
(2) "Taxpayer," for purposes of this section, means the sole owner
in the case of a C corporation, the partners in the case of a
partnership, and the shareholders in the case of an S corporation.
(3) "Housing sponsor," for purposes of this section, means the
sole owner in the case of a C corporation, the partnership in the
case of a partnership, and the S corporation in the case of an S
corporation.
(b) (1) The amount of the credit allocated to any housing sponsor
shall be authorized by the California Tax Credit Allocation
Committee, or any successor thereof, based on a project's need for
the credit for economic feasibility in accordance with the
requirements of this section.
(A) The low-income housing project shall be located in California
and shall meet either of the following requirements:
(i) The project's housing sponsor shall have been allocated by the
California Tax Credit Allocation Committee a credit for federal
income tax purposes under Section 42 of the Internal Revenue Code.
(ii) It shall qualify for a credit under Section 42(h)(4)(B) of
the Internal Revenue Code.
(B) The California Tax Credit Allocation Committee shall not
require fees for the credit under this section in addition to those
fees required for applications for the tax credit pursuant to Section
42 of the Internal Revenue Code. The committee may require a fee if
the application for the credit under this section is submitted in a
calendar year after the year the application is submitted for the
federal tax credit.
(2) (A) The California Tax Credit Allocation Committee shall
certify to the housing sponsor the amount of tax credit under this
section allocated to the housing sponsor for each credit period.
(B) In the case of a partnership or an S corporation, the housing
sponsor shall provide a copy of the California Tax Credit Allocation
Committee certification to the taxpayer.
(C) The taxpayer shall, upon request, provide a copy of the
certification to the Franchise Tax Board.
(D) All elections made by the taxpayer pursuant to Section 42 of
the Internal Revenue Code shall apply to this section.
(E) For buildings located in designated difficult development
areas or qualified census tracts as defined in Section 42(d)(5)(C) of
the Internal Revenue Code, credits may be allocated under this
section in the amounts prescribed in subdivision (c), provided that
the amount of credit allocated under Section 42 of the Internal
Revenue Code is computed on 100 percent of the qualified basis of the
building.
(c) Section 42(b) of the Internal Revenue Code shall be modified
as follows:
(1) In the case of any qualified low-income building placed in
service by the housing sponsor during 1987, the term "applicable
percentage" means 9 percent for each of the first three years and 3
percent for the fourth year for new buildings (whether or not the
building is federally subsidized) and for existing buildings.
(2) In the case of any qualified low-income building that receives
an allocation after 1989 and is a new building not federally
subsidized, the term "applicable percentage" means the following:
(A) For each of the first three years, the percentage prescribed
by the Secretary of the Treasury for new buildings that are not
federally subsidized for the taxable year, determined in accordance
with the requirements of Section 42(b)(2) of the Internal Revenue
Code, in lieu of the percentage prescribed in Section 42(b)(1)(A).
(B) For the fourth year, the difference between 30 percent and the
sum of the applicable percentages for the first three years.
(3) In the case of any qualified low-income building that receives
an allocation after 1989 and that is a new building that is
federally subsidized or that is an existing building that is "at risk
of conversion," the term "applicable percentage" means the
following:
(A) For each of the first three years, the percentage prescribed
by the Secretary of the Treasury for new buildings that are federally
subsidized for the taxable year.
(B) For the fourth year, the difference between 13 percent and the
sum of the applicable percentages for the first three years.
(4) For purposes of this section, the term "at risk of conversion,"
with respect to an existing building means a building that satisfies
all of the following criteria:
(A) The building is presently owned by a housing sponsor other
than a qualified nonprofit organization.
(B) The building is a federally assisted building for which the
low-income use restrictions will terminate or the building is
eligible for prepayment under Subtitle 13 of the Emergency Low Income
Housing Assistance Act of 1987 or under Section 502(c) of the
Housing Act of 1949, anytime in the two calendar years after the year
of application to the California Tax Credit Allocation Committee,
and the purchaser has received preliminary approval from the
applicable federal agency for a maximum level of incentives through a
plan of action.
(C) The person acquiring the building enters into a regulatory
agreement that requires the building to be operated in accordance
with the requirements of this section for a period equal to the
greater of 55 years or the life of the building.
(D) The building satisfies the requirements of Section 42(e) of
the Internal Revenue Code regarding rehabilitation expenditures,
except that the provisions of Section 42(e)(3)(A)(ii)(I) shall not
apply.
(d) The term "qualified low-income housing project" as defined in
Section 42(c)(2) of the Internal Revenue Code is modified by adding
the following requirements:
(1) The taxpayer shall be entitled to receive a cash distribution
from the operations of the project, after funding required reserves,
which, at the election of the taxpayer, is equal to:
(A) An amount not to exceed 8 percent of the lesser of:
(i) The owner equity that shall include the amount of the capital
contributions actually paid to the housing sponsor and shall not
include any amounts until they are paid on an investor note; or
(ii) Twenty percent of the adjusted basis of the building as of
the close of the first income year of the credit period; or
(B) The amount of the cash-flow from those units in the building
that are not low-income units. For purposes of computing cash-flow
under this subparagraph, operating costs shall be allocated to the
low-income units using the "floor space fraction," as defined in
Section 42 of the Internal Revenue Code.
(C) Any amount allowed to be distributed under subparagraph (A)
that is not available for distribution during the first five years of
the compliance period may accumulate and be distributed any time
during the first 15 years of the compliance period but not
thereafter.
(2) The limitation on return shall apply in the aggregate to the
partners if the housing sponsor is a partnership and in the aggregate
to the shareholders if the housing sponsor is an S corporation.
(3) The housing sponsor shall apply any cash available for
distribution in excess of the amount eligible to be distributed under
paragraph (1) to reduce the rent on rent-restricted units or to
increase the number of rent-restricted units subject to the tests of
Section 42(g)(1) of the Internal Revenue Code.
(e) The provisions of Section 42(f) of the Internal Revenue Code
shall be modified as follows:
(1) The term "credit period" as defined in Section 42(f)(1) of the
Internal Revenue Code is modified by substituting "four income years"
for "10 taxable years."
(2) The special rule for the first taxable year of the credit
period under Section 42(f)(2) of the Internal Revenue Code shall not
apply to the tax credit under this section.
(3) Section 42(f)(3) of the Internal Revenue Code is modified to
read:
If, as of the close of any income year in the compliance period,
after the first year of the credit period, the qualified basis of any
building exceeds the qualified basis of that building as of the
close of the first year of the credit period, the housing sponsor, to
the extent of its tax credit allocation, shall be eligible for a
credit on the excess in an amount equal to the applicable percentage
determined pursuant to subdivision (c) for the four-year period
beginning with the later of the income years in which the increase in
qualified basis occurs.
(f) The provisions of Section 42(h) of the Internal Revenue Code
shall be modified as follows:
(1) Section 42(h)(2) of the Internal Revenue Code shall not be
applicable and instead the following provisions shall be applicable:
The total amount for the four-year credit period of the housing
credit dollars allocated in a calendar year to any building shall
reduce the aggregate housing credit dollar amount of the California
Tax Credit Allocation Committee for the calendar year in which the
allocation is made.
(2) Paragraphs (3), (4), (5), (6)(E)(i)(II), (6)(F), (6)(G), (6)
(I), (7), and (8) of Section 42(h) of the Internal Revenue Code shall
not be applicable.
(g) The aggregate housing credit dollar amount which may be
allocated annually by the California Tax Credit Allocation Committee
pursuant to this section, Section 12206, and Section 17058 shall be
an amount equal to the sum of the following:
(1) Thirty-five million dollars ($35,000,000).
(2) The unused housing credit ceiling, if any, for the preceding
calendar years; and
(3) The amount of housing credit ceiling returned in the calendar
year. For purposes of this paragraph, the amount of housing credit
dollar amount returned in the calendar year equals the housing credit
dollar amount previously allocated to any project that does not
become a qualified low-income housing project within the period
required by this section or to any project with respect to which an
allocation is canceled by mutual consent of the California Tax Credit
Allocation Committee and the allocation recipient.
(h) The term "compliance period" as defined in Section 42(i)(1) of
the Internal Revenue Code is modified to mean, with respect to any
building, the period of 30-consecutive income years beginning with
the first income year of the credit period with respect thereto.
(i) Section 42(j) of the Internal Revenue Code shall not be
applicable and the following shall be substituted in its place:
(1) The requirements of this section shall be set forth in a
regulatory agreement between the California Tax Credit Allocation
Committee and the housing sponsor, and this agreement shall be
subordinated, when required, to any lien or encumbrance of any banks
or other institutional lenders to the project. The regulatory
agreement entered into pursuant to subdivision (f) of Section
50199.14 of the Health and Safety Code, shall apply, providing the
agreement includes all of the following provisions:
(A) A term not less than the compliance period.
(B) A requirement that the agreement be filed in the official
records of the county in which the qualified low-income housing
project is located.
(C) A provision stating which state and local agencies can enforce
the regulatory agreement in the event the housing sponsor fails to
satisfy any of the requirements of this section.
(D) A provision that the regulatory agreement shall be deemed a
contract enforceable by tenants as third-party beneficiaries thereto,
and which allows individuals, whether prospective, present, or
former occupants of the building, who meet the income limitation
applicable to the building, the right to enforce the regulatory
agreement in any state court.
(E) A provision incorporating the requirements of Section 42 of
the Internal Revenue Code as modified by this section.
(F) A requirement that the housing sponsor notify the California
Tax Credit Allocation Committee or its designee if there is a
determination by the Internal Revenue Service that the project is not
in compliance with Section 42(g) of the Internal Revenue Code.
(G) A requirement that the housing sponsor, as security for the
performance of the housing sponsor's obligations under the regulatory
agreement, assign the housing sponsor's interest in rents that it
receives from the project, provided that until there is a default
under the regulatory agreement, the housing sponsor is entitled to
collect and retain the rents.
(H) The remedies available in the event of a default under the
regulatory agreement that is not cured within a reasonable cure
period, include, but are not limited to, allowing any of the parties
designated to enforce the regulatory agreement to collect all rents
with respect to the project; taking possession of the project and
operating the project in accordance with the regulatory agreement
until the enforcer determines the housing sponsor is in a position to
operate the project in accordance with the regulatory agreement;
applying to any court for specific performance; securing the
appointment of a receiver to operate the project; or any other relief
as may be appropriate.
(j) (1) The committee shall allocate the housing credit on a
regular basis consisting of two or more periods in each calendar year
during which applications may be filed and considered. The
committee shall establish application filing deadlines, the maximum
percentage of federal and state low-income housing tax credit ceiling
that may be allocated by the committee in that period, and the
approximate date on which allocations shall be made. If the enactment
of federal or state law, the adoption of rules or regulations, or
other similar events prevent the use of two allocation periods, the
committee may reduce the number of periods and adjust the filing
deadlines, maximum percentage of credit allocated, and the allocation
dates.
(2) The committee shall adopt a qualified allocation plan, as
provided in Section 42(m)(1) of the Internal Revenue Code. In
adopting this plan, the committee shall comply with the provisions of
Sections 42(m)(1)(B) and 42(m)(1)(C) of the Internal Revenue Code.
(3) Notwithstanding Section 42(m) of the Internal Revenue Code,
the California Tax Credit Allocation Committee shall allocate housing
credits in accordance with the qualified allocation plan and
regulations, which shall include the following provisions:
(A) All housing sponsors, as defined by paragraph (3) of
subdivision (a), shall demonstrate at the time the application is
filed with the committee that the project meets the following
threshold requirements:
(i) The housing sponsor shall demonstrate there is a need for
low-income housing in the community or region for which it is
proposed.
(ii) The project's proposed financing, including tax credit
proceeds, shall be sufficient to complete the project and shall be
adequate to operate the project for the extended use period.
(iii) The project shall have enforceable financing commitments,
either construction or permanent financing, for at least 50 percent
of the total estimated financing of the project.
(iv) The housing sponsor shall have and maintain control of the
site for the project.
(v) The housing sponsor shall demonstrate that the project
complies with all applicable local land use and zoning ordinances.
(vi) The housing sponsor shall demonstrate that the project
development team has the experience and the financial capacity to
ensure project completion and operation for the extended use period.
(vii) The housing sponsor shall demonstrate the amount of tax
credit that is necessary for the financial feasibility of the project
and its viability as a qualified low-income housing project
throughout the extended use period, taking into account operating
expenses, a supportable debt service, reserves, funds set aside for
rental subsidies, and required equity, and
a development fee that does not exceed a
specified percentage of the eligible basis of the project prior to
inclusion of the development fee in the eligible basis, as determined
by the committee.
(B) The committee shall give a preference to those projects
satisfying all of the threshold requirements of subparagraph (A) if:
(i) The project serves the lowest income tenants at rents
affordable to those tenants; and
(ii) The project is obligated to serve qualified tenants for the
longest period.
(C) In addition to the provisions of subparagraphs (A) and (B),
the committee shall use the following criteria in allocating housing
credits:
(i) Projects serving large families in which a substantial number,
as defined by the committee of all residential units is comprised of
low-income units with three and more bedrooms.
(ii) Projects providing single room occupancy units serving very
low income tenants.
(iii) Existing projects that are "at risk of conversion," as
defined by paragraph (4) of subdivision (c).
(iv) Projects for which a public agency provides direct or
indirect long-term financial support for at least 15 percent of the
total project development costs or projects for which the owner's
equity constitutes at least 30 percent of the total project
development costs.
(v) Projects that provide tenant amenities not generally available
to residents of low-income housing projects.
(4) For purposes of allocating credits pursuant to this section,
the committee shall not give preference to any project by virtue of
the date of submission of its application except to break a tie when
two or more of the projects have an equal rating.
(5) Not less than 20 percent of the low-income housing tax credits
available annually under this section, Section 12206, and Section
17058 shall be set aside for allocation to rural areas as defined in
Section 50199.21 of the Health and Safety Code. Any amount of credit
set aside for rural areas remaining on or after October 31 of any
calendar year shall be available for allocation to any eligible
project. No amount of credit set aside for rural areas shall be
considered available for any eligible project so long as there are
eligible rural applications pending on October 31.
(k) Section 42(l) of the Internal Revenue Code shall be modified
as follows:
The term "secretary" shall be replaced by the term "California
Franchise Tax Board."
(l) In the case where the state credit allowed under this section
exceeds the "tax," the excess may be carried over to reduce the "tax"
in the following year, and succeeding years if necessary, until the
credit has been exhausted.
(m) A project that received an allocation of a 1989 federal
housing credit dollar amount shall be eligible to receive an
allocation of a 1990 state housing credit dollar amount, subject to
all of the following conditions:
(1) The project was not placed in service prior to 1990.
(2) To the extent the amendments made to this section by the
Statutes of 1990 conflict with any provisions existing in this
section prior to those amendments, the prior provisions of law shall
prevail.
(3) Notwithstanding paragraph (2), a project applying for an
allocation under this subdivision shall be subject to the
requirements of paragraph (3) of subdivision (j).
(n) The credit period with respect to an allocation of credit in
1989 by the California Tax Credit Allocation Committee of which any
amount is attributable to unallocated credit from 1987 or 1988 shall
not begin until after December 31, 1989.
(o) The provisions of Section 11407(a) of Public Law 101-508,
relating to the effective date of the extension of the low-income
housing credit, shall apply to calendar years after 1989.
(p) The provisions of Section 11407(c) of Public Law 101-508,
relating to election to accelerate credit, shall not apply.
(q) (1) A bank or corporation may elect to assign any portion of
any credit allowed under this section to one or more affiliated banks
or corporations for each income year in which the credit is allowed.
For purposes of this subdivision, "affiliated bank or corporation"
has the meaning provided in subdivision (b) of Section 25110, as that
section was amended by Chapter 881 of the Statutes of 1993, as of
the last day of the income year in which the credit is allowed,
except that "100 percent" is substituted for "more than 50 percent"
wherever it appears in the section, as that section was amended by
Chapter 881 of the Statutes of 1993, and "voting common stock" is
substituted for "voting stock" wherever it appears in the section, as
that section was amended by Chapter 881 of the Statutes of 1993.
(2) The election provided in paragraph (1):
(A) May be based on any method selected by the corporation that
originally receives the credit.
(B) Shall be irrevocable for the income year the credit is
allowed, once made.
(C) May be changed for any subsequent income year if the election
to make the assignment is expressly shown on each of the returns of
the affiliated banks or corporations that assign and receive the
credits.
(r) Any unused credit may continue to be carried forward, as
provided in subdivision (k), until the credit has been exhausted.
This section shall remain in effect on or after December 1, 1990,
for as long as Section 42 of the Internal Revenue Code, pertaining to
low-income housing credits, remains in effect.
(s) The amendments to this section made by the act adding this
subdivision shall apply only to income years beginning on or after
January 1, 1994, except that paragraph (1) of subdivision (q), as
amended, shall apply to income years beginning on or after January 1,
1993.
SEC. 162. Section 23617.5 of the Revenue and Taxation Code, as
amended by Section 5 of Chapter 748 of the Statutes of 1994, is
amended to read:
23617.5. (a) For each income year beginning on or after January
1, 1988, and before January 1, 1995, there shall be allowed as a
credit against the "tax" (as defined by Section 23036) an amount
equal to the amount determined in subdivision (b).
(b) (1) The amount of the credit allowed by this section shall be
50 percent of the cost paid or incurred by the taxpayer on or after
September 23, 1988, for contributions to a qualified care plan made
on behalf of any qualified dependent of the taxpayer's qualified
employee.
(2) The amount of the credit allowed by this section in any income
year shall not exceed six hundred dollars ($600) for each qualified
dependent.
(c) For purposes of this section:
(1) "Qualified care plan" means a plan providing qualified care.
(2) "Qualified care" includes, but is not limited to, onsite
service, center-based service, in-home care or home-provider care,
and a dependent care center as defined by Section 21(b)(2)(D) of the
Internal Revenue Code that is a specialized center with respect to
short-term illnesses of an employee's dependents. "Qualified care"
must be provided in this state under the authority of a license when
required by California law.
(3) "Specialized center" means a facility that provides care to
mildly ill children and that may do all of the following:
(A) Be staffed by pediatric nurses and day care workers.
(B) Admit children suffering from common childhood ailments
(including colds, flu, and chickenpox).
(C) Make special arrangements for well children with minor
problems associated with diabetes, asthma, breaks or sprains, and
recuperation from surgery.
(D) Separate children according to their illness and symptoms in
order to protect them from cross-infection.
(4) "Contributions" include employer reimbursements to employees
for the employee's qualified care plan expenses, or direct payments
to child care programs or providers, or both.
(5) "Qualified employee" means any employee of the taxpayer who is
performing services for the taxpayer in this state, within the
meaning of Section 25133, during the period in which the qualified
care is performed.
(6) "Employee" includes an individual who is an employee within
the meaning of Section 401(c)(1) of the Internal Revenue Code
(relating to self-employed individuals).
(7) "Qualified dependent" means any dependent of a qualified
employee who is under the age of 15 years.
(d) If an employer makes contributions to a qualified care plan
and also collects fees from parents to support a child care facility
owned and operated by the employer, no credit shall be allowed under
this section for contributions in the amount, if any, by which the
sum of the contributions and fees exceed the total cost of providing
care. The Franchise Tax Board may require information about fees
collected from parents of children served in the facility from
taxpayers claiming credits under this section.
(e) If the duration of the child care received is less than 42
weeks, the employer shall claim a prorated portion of the allowable
credit. The employer shall prorate the credit using the ratio of the
number of weeks of care received divided by 42 weeks.
(f) If the credit allowed under this section exceeds the "tax,"
the excess may be carried over to reduce the "tax" in the following
year, and succeeding years if necessary, until the credit has been
exhausted.
(g) The credit shall not be available to an employer if the care
provided on behalf of an employee is provided by an individual who:
(1) Qualifies as a dependent of that employee or that employee's
spouse under paragraph (1) of subdivision (d) of Section 17054.
(2) Is (within the meaning of Section 17056) a son, stepson,
daughter, or stepdaughter of that employee and is under the age of 19
at the close of that taxable year.
(h) The contributions to a qualified care plan shall not
discriminate in favor of employees who are officers, owners, or
highly compensated, or their dependents.
(i) No deduction shall be allowed as otherwise provided in this
part for that portion of expenses paid or incurred for the income
year that is equal to the amount of the credit allowed under this
section.
(j) If the credit is taken by an employer for contributions to a
qualified care plan that is used at a facility owned by the employer,
the basis of that facility shall be reduced by the amount of the
credit. The basis adjustment shall be made for the income year for
which the credit is allowed.
(k) This section shall remain in effect only until December 1,
1995, and as of that date is repealed. However, any unused credit
may continue to be carried forward, as provided in subdivision (f),
until the credit has been exhausted.
SEC. 163. Section 23617.5 of the Revenue and Taxation Code, as
added by Section 6 of Chapter 748 of the Statutes of 1994, is amended
to read:
23617.5. (a) For each income year beginning on or after January
1, 1995, and before January 1, 1998, there shall be allowed as a
credit against the "tax" (as defined by Section 23036) an amount
equal to the amount determined in subdivision (b).
(b) (1) The amount of the credit allowed by this section shall be
30 percent of the cost paid or incurred by the taxpayer for
contributions to a qualified care plan made on behalf of any
qualified dependent of the taxpayer's qualified employee.
(2) The amount of the credit allowed by this section in any income
year shall not exceed three hundred sixty dollars ($360) for each
qualified dependent.
(c) For purposes of this section:
(1) "Qualified care plan" means a plan providing qualified care.
(2) "Qualified care" includes, but is not limited to, onsite
service, center-based service, in-home care or home-provider care,
and a dependent care center as defined by Section 21(b)(2)(D) of the
Internal Revenue Code that is a specialized center with respect to
short-term illnesses of an employee's dependents. "Qualified care"
must be provided in this state under the authority of a license when
required by California law.
(3) "Specialized center" means a facility that provides care to
mildly ill children and that may do all of the following:
(A) Be staffed by pediatric nurses and day care workers.
(B) Admit children suffering from common childhood ailments
(including colds, flu, and chickenpox).
(C) Make special arrangements for well children with minor
problems associated with diabetes, asthma, breaks or sprains, and
recuperation from surgery.
(D) Separate children according to their illness and symptoms in
order to protect them from cross-infection.
(4) "Contributions" include direct payments to child care programs
or providers.
(5) "Qualified employee" means any employee of the taxpayer who is
performing services for the taxpayer in this state, within the
meaning of Section 25133, during the period in which the qualified
care is performed.
(6) "Employee" includes an individual who is an employee within
the meaning of Section 401(c)(1) of the Internal Revenue Code
(relating to self-employed individuals).
(7) "Qualified dependent" means any dependent of a qualified
employee who is under the age of 12 years.
(d) If an employer makes contributions to a qualified care plan
and also collects fees from parents to support a child care facility
owned and operated by the employer, no credit shall be allowed under
this section for contributions in the amount, if any, by which the
sum of the contributions and fees exceed the total cost of providing
care. The Franchise Tax Board may require information about fees
collected from parents of children served in the facility from
taxpayers claiming credits under this section.
(e) If the duration of the child care received is less than 42
weeks, the employer shall claim a prorated portion of the allowable
credit. The employer shall prorate the credit using the ratio of the
number of weeks of care received divided by 42 weeks.
(f) If the credit allowed under this section exceeds the "tax,"
the excess may be carried over to reduce the "tax" in the following
year, and succeeding years if necessary, until the credit has been
exhausted.
(g) The credit shall not be available to an employer if the care
provided on behalf of an employee is provided by an individual who:
(1) Qualifies as a dependent of that employee or that employee's
spouse under paragraph (1) of subdivision (d) of Section 17054.
(2) Is (within the meaning of Section 17056) a son, stepson,
daughter, or stepdaughter of that employee and is under the age of 19
at the close of that taxable year.
(h) The contributions to a qualified care plan shall not
discriminate in favor of employees who are officers, owners, or
highly compensated, or their dependents.
(i) No deduction shall be allowed as otherwise provided in this
part for that portion of expenses paid or incurred for the income
year that is equal to the amount of the credit allowed under this
section.
(j) If the credit is taken by an employer for contributions to a
qualified care plan that is used at a facility owned by the employer,
the basis of that facility shall be reduced by the amount of the
credit. The basis adjustment shall be made for the income year for
which the credit is allowed.
(k) This section shall remain in effect only until December 1,
1998, and as of that date is repealed. However, any unused credit
may continue to be carried forward, as provided in subdivision (f),
until the credit has been exhausted.
SEC. 164. Section 24672 of the Revenue and Taxation Code is
amended to read:
24672. (a) Where a taxpayer elects to report income arising from
the sale or other disposition of property as provided in this
article, and the entire income therefrom has not been reported prior
to the year that the taxpayer ceases to be subject to the tax
measured by net income imposed by Chapter 2 (commencing with Section
23101) or Chapter 3 (commencing with Section 23501), the unreported
income shall be included in the measure of the tax for the last year
in which the taxpayer is subject to the tax measured by net income
imposed by Chapter 2 (commencing with Section 23101) or Chapter 3
(commencing with Section 23501). Abatement shall not be allowed
under the provisions of Sections 23331 to 23333, inclusive, for any
tax measured by unreported installment income arising from
installment sales made during prior income years which is included in
the measure of the tax by reason of this section or for installment
income reported during the year preceding the year in which the
taxpayer ceases to be subject to the tax imposed by this part.
Abatement shall be allowed for any tax measured by reported or
unreported income arising from installment sales made during the
income year preceding dissolution or withdrawal or cessation of
business. This section shall not be applicable where the installment
obligation is transferred pursuant to a reorganization (as defined
in Section 368(a) of the Internal Revenue Code) to another taxpayer
that is a party to the reorganization (as defined in Section 368(b)
of the Internal Revenue Code) subject to tax under the same chapter
as the transferor, or is transferred to any exempt nonprofit cemetery
corporation as defined in Section 23701c of this code. The
determination of any deficiency resulting from this section shall be
made under Article 3 (commencing with Section 19032) of Chapter 4 of
Part 10.2, but the period of limitation under that article, and the
accrual of interest under Article 6 (commencing with Section 19101)
of Chapter 4 of Part 10.2, shall commence on the date the taxpayer
ceases to be subject to the tax imposed by Chapter 2 (commencing with
Section 23101) or Chapter 3 (commencing with Section 23501).
(b) "Cessation of business" as herein used means the failure to do
business during an entire taxable year.
SEC. 165. Section 42000 of the Revenue and Taxation Code is
amended to read:
42000. As used in this part:
(a) "Board" means the State Board of Equalization.
(b) "Commission" means the California Public Utilities Commission.
(c) "Trust fund" means the Propane Safety Inspection and
Enforcement Program Trust Fund.
(d) "Distribution system" means a system of pipes, operated by a
person or corporation other than a public utility, serving 10 or more
customers, within a citywide area, an apartment house, a
condominium, a cluster of homes, a shopping center, a combination of
any of the above, or a mobilehome park with two or more customers,
that is connected to a tank or tanks, for the purpose of distribution
of propane to the end customers.
(e) "Operator" means the owner of the mobilehome park or the
distribution system, or the designated responsible employee, manager,
or legal representative.
(f) "Tank" means a vessel for the storage and distribution of
propane.
(g) "Propane" means propane gas, also known as liquid petroleum
gas, or LPG.
SEC. 166. Section 42003 of the Revenue and Taxation Code is
amended to read:
42003. (a) The board, together with the commission, shall
establish a uniform billing per gallon of propane sold (or,
alternatively, per space or customer served) surcharge to be paid by
operators. The surcharge shall be designed to support the commission'
s propane safety program for multicustomers' systems pursuant to
Section 4458 of the Public Utilities Code, as well as to recover the
board's costs in administering the trust fund. The surcharge shall
be collected from the operators, and deposited into the trust fund.
In the case of a mobilehome park, the surcharge shall be assessed on
a per space or lot basis, shall not exceed twenty-five cents ($0.25)
per month, and shall not be collected by the board on less than a
quarterly basis.
(b) The board shall annually transfer funds from the trust fund
and shall deposit them in the commission's Utilities Reimbursement
Account in the General Fund, which shall be used upon appropriation
by the Legislature, for the purposes of Chapter 4.1 (commencing with
Section 4451) of Division 2 of the Public Utilities Code.
(c) The board shall annually transfer funds from the trust fund
and shall deposit them in the board's Reimbursement Account in the
General Fund, which shall be used, upon appropriation by the
Legislature, for the purposes of administering the trust fund.
SEC. 167. Section 164.56 of the Streets and Highways Code is
amended to read:
164.56. (a) It is the intent of the Legislature, commencing July
1, 1991, to allocate ten million dollars ($10,000,000) annually for
10 years to the Environmental Enhancement and Mitigation
Demonstration Program Fund, which is hereby created.
(b) Local, state, and federal agencies and nonprofit entities may
apply for and receive grants, not to exceed five million dollars
($5,000,000) for any single grant, to undertake environmental
enhancement and mitigation projects that are directly or indirectly
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or
expansion of new transportation facilities.
(c) Projects eligible for funding include, but are not limited to,
all of the following:
(1) Highway landscaping and urban forestry projects designed to
offset vehicular emissions of carbon dioxide.
(2) Acquisition or enhancement of resource lands to mitigate the
loss of, or the detriment to, resource lands lying within the
right-of-way acquired for proposed transportation improvements.
(3) The provision of roadside recreational opportunities,
including roadside rests, trails, trailheads, and parks.
(4) Projects to mitigate the impact of proposed transportation
facilities or to enhance the environment, where the ability to
effectuate the mitigation or enhancement measures is beyond the scope
of the lead agency responsible for assessing the environmental
impact of the proposed transportation improvement.
(d) Grant proposals shall be submitted to the Resources Agency for
evaluation in accordance with procedures and criteria prescribed by
the Resources Agency. The Resources Agency shall evaluate proposals
submitted to it and prepare a list of proposals recommended for
funding. The list may be revised at any time during the 10-year
demonstration period. Prior to including a proposal on the list, the
Resources Agency shall make a finding that the proposal is eligible
for funding pursuant to subdivision (f).
(e) Within the fiscal limitations of subdivisions (a) and (b), the
commission shall annually award grants to fund proposals that are
included on the list prepared by the Resources Agency pursuant to
subdivision (d).
(f) Projects funded pursuant to this section shall be projects
that contribute to mitigation of the environmental effects of
transportation facilities, as provided for by Section 1 of Article
XIX of the California Constitution.
SEC. 168. Section 5024 of the Streets and Highways Code is amended
to read:
5024. "Incidental expense" includes all of the following:
(a) Compensation for work done by the engineer, and attorney's
fees or services in proceedings pursuant to this division.
Notwithstanding the foregoing, if a court of competent jurisdiction
renders a final judgment that invalidates in whole or part the
formation of the assessment district or the levy of assessments, any
attorney's fees and engineering charges incurred by the city in
defending that litigation are not incidental expenses and shall not
be charged against the assessment district in any manner except as to
those claims upon which the city prevails and as allowed by a court
of competent jurisdiction.
(b) The cost of printing and advertising provided for in this
division, including the treasurer's estimated cost of printing,
servicing, and collecting any bonds to be issued to represent or be
secured by unpaid assessments.
(c) The compensation of the person appointed by the superintendent
of streets to take charge of, and superintend any of, the work.
(d) The expenses of making the assessment, of the collection of
assessments by the superintendent of streets when directed by
ordinance to receive payments pursuant to Section 5396, and of
preparing and typing the resolutions, notices, and other papers and
proceedings for any work authorized by this division.
(e) The expenses of making any analyses and tests to determine
that the work, and any materials or appliances incorporated therein,
comply with the specifications.
(f) All costs and expenses incurred in carrying out the
investigations and making the reports required by the provisions of
the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 (Division 4 (commencing with Section 2800)).
(g) The cost of title searching, description writing, right-of-way
agent salaries, appraisal fees, partial reconveyance fees, surveys,
and sketches incident to securing rights-of-way for any work
authorized by this division.
(h) Any other expenses incidental to the construction, completion,
and inspection of the work in the manner provided for in this
division.
(i) The cost of relocating or altering any public utility
facilities as required by the improvement in those cases where that
cost is the legal obligation of the city.
(j) The cost of planning and designing public facilities to be
financed pursuant to this division, including the cost of
environmental evaluations of those facilities.
(k) The cost of filing and recording documents when the cost is
the legal obligation of the city.
(l) The cost of any acquisition, as defined in Section 5023.1, and
expenses incidental in connection with the acquisition.
(m) If the construction of sewers or appurtenances incident
thereto has been ordered, sewer service, connection, and capacity
charges established by the city as a condition to the providing of
sewer service for the benefit of properties within the assessment
district and required for the completion and utilization of the
improvement constructed.
(n) If the construction of water improvements or appurtenances
incident thereto has been ordered, water service, connection, and
capacity charges established by the city as a condition to the
providing of water service for the benefit of properties within the
assessment district and required for the completion and utilization
of the improvement constructed.
(o) All costs not identified in subdivisions (a) to (n),
inclusive, related to the issuance of bonds, including, but not
limited to, costs of obtaining credit ratings, bond insurance
premiums, fees for letters of credit and other credit enhancement
costs, and initial fees for the registration of bonds.
All demands
for incidental expenses shall be presented to the street
superintendent, by an itemized bill, duly verified by the demandant.
SEC. 169. Section 676.5 of the Vehicle Code is amended to read:
676.5. A "water tender vehicle" is a vehicle designed to carry
not less than 1,500 gallons of water and used primarily for
transporting and delivering water to be applied by other vehicles or
pumping equipment at fire emergency scenes.
SEC. 170. Section 1808.6 of the Vehicle Code is amended to read:
1808.6. (a) In addition to those specified in Section 1808.4, the
home address of any of the following persons, that appears in any
record of the department, is confidential, if the person requests the
confidentiality of that information:
(1) The chairperson, executive officer, commissioners, and deputy
commissioners of the Board of Prison Terms.
(2) The deputy director, chief administrative hearing officer,
associate chief deputy commissioners, and deputy commissioners of the
Parole Hearings Division of the Department of Corrections.
(3) The chairperson, members, executive director, and hearing
representatives of the Youthful Offender Parole Board.
(4) The spouse or children of persons listed in this section,
regardless of the spouse's or child's place of residence.
(b) The confidential home address of any of the persons listed in
subdivision (a) shall not be disclosed to any person, except a court,
a law enforcement agency, the State Board of Equalization, or any
governmental agency to which, under any provision of law, information
is required to be furnished from records maintained by the
department.
(c) Any record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record. The home address shall be withheld from public
inspection for three years following termination of office or
employment, except with respect to retired peace officers, whose home
addresses shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The department shall inform any person who
requests a confidential home address what agency employs the
individual whose address was requested.
SEC. 171. Section 5101.8 of the Vehicle Code is amended to read:
5101.8. (a) Any person otherwise eligible under this article who
is a Purple Heart recipient may apply for special license plates for
vehicles which are not used for transportation for hire,
compensation, or profit, under this article. The special plates
assigned to the vehicle shall run in a separate numerical series,
shall have inscribed on the plate the Purple Heart insignia, and
shall contain the words "Combat Wounded" and "Purple Heart" or at
least the letters "PH" as part of the numerical series. The
department shall reserve and issue the special plates to all
applicants providing the proof required by subdivision (b).
(b) The applicant shall, by satisfactory proof, show that the
applicant is a Purple Heart recipient.
(c) Special plates may be issued pursuant to subdivision (a) only
for a vehicle owned or coowned by a Purple Heart recipient and may
not be transferred to any other person, including the coowner of the
vehicle. The special plates shall be surrendered to the department
upon the decease of the Purple Heart recipient.
(d) In addition to the regular fees for an original or renewal
registration, a fee sufficient to cover all costs of this program
shall be paid. An applicant for the Purple Heart license plate who
qualifies as a disabled veteran, as specified in subdivision (c) of
Section 5007, shall be issued the Purple Heart license plates for one
vehicle without additional fees if the applicant chooses to display
those plates on that vehicle rather than the plates described in
Section 5007.
(e) When an applicant for the Purple Heart license plate qualifies
as a disabled veteran, as specified in subdivision (b) of Section
22511.55, the applicant may also apply for a distinguishing placard
described in subdivision (a) of Section 22511.55 to be used in
conjunction with the Purple Heart license plate for the purpose of
allowing special parking privileges pursuant to subdivision (a) of
Section 22511.5.
(f) Sections 5106 and 5108 do not apply.
SEC. 172. Section 5301 of the Vehicle Code is amended to read:
5301. (a) Notwithstanding any other provision of this code and
Part 5 (commencing with Section 10701) of Division 2 of the Revenue
and Taxation Code, the registered owner or lessee of a fleet of
vehicles consisting of commercial motor vehicles or commercial
trailers, apportionately registered commercial trailers base plated
in the state under Article 4 (commencing with Section 8050) of
Chapter 4, or passenger automobiles may, upon payment of appropriate
fees, apply to the department for permanent license plates or decals
and registration cards.
(b) Fleets shall consist of at least 100 vehicles to qualify for
this program. However, the department may provide for permanent
fleet registration through an association providing a combination of
fleets of vehicles of 500 or more vehicles with no individual fleet
of fewer than 50 vehicles. An association submitting an application
of participation in the program shall provide within the overall
application a listing identifying the owner of each fleet and the
vehicles within each fleet. Identification of the vehicles as
provided in this article applies to the ownership of the vehicles and
not the association submitting the application.
SEC. 173. Section 6162 of the Vehicle Code is amended to read:
6162. An owner of a vehicle who seeks to export a vehicle titled
in this state shall appear at the department with the certificate of
title to ascertain whether there are any liens of record outstanding
and whether the person exporting the vehicle is the lawful owner. If
the certificate of title is found to be in proper order and no
unsatisfied lien appears, the department shall enter into its record
of title that the vehicle is intended for permanent exportation from
the United States. If the owner certifies by filing a declaration
with the department that the vehicle will not be permanently located
outside the United States, and that he or she intends to return the
vehicle to the United States, the department shall enter into its
record of title a declaration that the vehicle will not be
permanently located outside the United States until notification by
the owner that the vehicle has been returned.
SEC. 174. Section 6700.2 of the Vehicle Code is amended to read:
6700.2. (a) Notwithstanding Section 4000.4, subdivision (a) of
Section 6700, or Section 6702, a nonresident daily commuter may
operate a motor vehicle on the highways of this state only if all of
the following conditions are met:
(1) The motor vehicle is a passenger vehicle or a commercial
vehicle of less than 6,000 pounds unladen weight with not more than
two axles of the type commonly referred to as a pickup truck.
(2) The motor vehicle is used regularly to transport passengers on
the highways of this state principally between, and to and from, the
place of residence in a contiguous state and the place of employment
in this state by the owner of the motor vehicle and for no other
business purpose.
(3) The motor vehicle is not used in the course of a business
within this state, including the transportation of property other
than incidental personal property between, and to or from, the place
of residence in a contiguous state and the place of employment of the
motor vehicle owner in this state.
(b) The exception to registration of a motor vehicle under the
conditions specified in this section does not supersede any other
exception to registration under other conditions provided by law.
(c) This section does not apply to a resident of a foreign
country.
SEC. 176. Section 14601 of the Vehicle Code, as amended by Chapter
1133 of the Statutes of 1994, is amended to read:
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103 or 23104, any reason listed in
subdivision (a) or (c) of Section 12806 authorizing the department
to refuse to issue a license, negligent or incompetent operation of a
motor vehicle as prescribed in subdivision (e) of Section 12809, or
negligent operation as prescribed in Section 12810, if the person so
driving has knowledge of the suspension or revocation. Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106. The presumption
established by this subdivision is a presumption affecting the
burden of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than five days or more than six months and by fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than 10 days or more than one year and by fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle that is owned or utilized by the person's employer, if
the driving occurs during the course of employment on private
property owned or utilized by the employer other than an offstreet
parking facility as defined in subdivision (d) of Section 12500.
SEC. 177. Section 14601.1 of the Vehicle Code, as amended by
Chapter 253 of the Statutes of 1994, is amended to read:
14601.1. (a) No person shall drive a motor vehicle when his or
her driving privilege is suspended or revoked for any reason other
than those listed in Section 14601, 14601.2, or 14601.5, if the
person so driving has knowledge of the suspension or revocation.
Knowledge shall be presumed if notice has been given by the
department to the person. The presumption established by this
subdivision is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle that is owned or utilized by the person's employer, if
the driving occurs during the course of employment on private
property owned or utilized by the employer other than an offstreet
parking facility as defined in subdivision (d) of Section 12500.
SEC. 178. Section 14601.1 of the Vehicle Code, as amended by
Chapter 1133 of the Statutes of 1994, is amended to read:
14601.1. (a) No person shall drive a motor vehicle when his or
her driving privilege is suspended or revoked for any reason other
than those listed in Section 14601, 14601.2, or 14601.5, if the
person so driving has knowledge of the suspension or revocation.
Knowledge shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle that is owned or utilized by the person's employer, if
the driving occurs during the course of employment on private
property owned or utilized by the employer other than an offstreet
parking facility as defined in subdivision (d) of Section 12500.
SEC. 179. Section 14601.3 of the Vehicle Code, as amended by
Section 10 of Chapter 1133 of the Statutes of 1994, is amended to
read:
14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23170 or subdivision (b) of Section 23175 who is convicted of
violating Section 14601.2 shall be sentenced as provided in paragraph
(3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23170,
subdivision (b) of Section 23175, or subdivision (d) of Section 23190
who is convicted of a violation of Section 14601.2 shall be punished
by imprisonment in the county jail for 180 days and by a fine of two
thousand dollars ($2,000). The penalty in this paragraph shall be
consecutive to that imposed for the violation of any other law.
SEC. 180. Section 16457 of the Vehicle Code is amended to read:
16457. Whenever proof of financial responsibility is required to
be filed pursuant to this chapter, no person of whom that proof is
required shall drive any motor vehicle not covered by the certificate
of proof of financial responsibility filed by him or her with the
department, nor shall any applicant for that proof knowingly fail to
disclose ownership of a motor vehicle in the application for proof of
financial responsibility or to disclose any subsequently acquired
motor vehicle.
SEC. 181. Section 25278 of the Vehicle Code is amended to read:
25278. Any vehicle owned or operated by a land surveyor or civil
engineer licensed to practice in this state may display flashing
amber warning lights to the front, sides, or rear, if the vehicle is
engaged in any phase of a project that requires surveying or
surveying related activities to be performed on a highway, or in the
vicinity of a highway, and the vehicle is parked on the highway or
moving at a speed lower than the normal flow of traffic. The use of,
or absence of, amber warning lights as authorized in this section
shall not serve as the basis for any civil action, a defense to a
civil action, or establish negligence as a matter of law or
negligence per se for comparative fault purposes.
SEC. 182. Section 71881 of the Water Code is amended to read:
71881. The board may change the purpose for which the proposed
debt is to be incurred or the amount of bonded debt to be incurred,
or both. The board may also change the boundaries of the proposed
improvement district, but not so as to include any territory that
will not, in its judgment, be benefited by the proposed improvement.
SEC. 183. Section 317.6 of the Welfare and Institutions Code is
amended to read:
317.6. (a) On or before January 1, 1996, the Judicial Council
shall, after consulting with representatives from the State Bar of
California, county counsels, district attorneys, public defenders,
county welfare directors, and children's advocacy groups, adopt rules
of court regarding the appointment of competent counsel in
dependency proceedings, including, but not limited to, the following:
(1) The screening and appointment of competent counsel.
(2) Establishing minimum standards of experience and education
necessary to qualify as competent counsel to represent a party in
dependency proceedings.
(3) Procedures for handling client complaints regarding attorney
performance, including measures to inform clients of the complaint
process.
(4) Procedures for informing the court of any interests of the
minor that may need to be protected in other proceedings.
(b) On or before July 1, 1996, each superior court shall, after
consulting with representatives from the State Bar of California and
the local offices of the county counsel, district attorney, public
defender, county welfare department, and children's advocacy groups,
adopt local rules of court regarding the conduct of dependency
proceedings that address items such as procedures and timeframes for
the presentation of contested issues and witness lists to eliminate
unnecessary delays in dependency hearings.
SEC. 184. Section 353.1 of the Welfare and Institutions Code is
amended to read:
353.1. (a) At the hearing on a petition filed pursuant to Article
8 (commencing with Section 325) of this chapter, any person adjudged
a dependent child of the juvenile court shall be informed, both
orally and in writing by the court as provided in subdivision (b), of
both of the following:
(1) His or her rights pursuant to Section 388.
(2) The procedure for bringing a petition pursuant to Section 388,
including the availability of all appropriate and necessary Judicial
Council forms.
(b) Where the dependent child has attained the age of 12 years,
the court shall directly inform the child as required by subdivision
(a) in clear language appropriate for the child's level of cognitive
development. Where the dependent child is under the age of 12 years,
the court shall inform the child as required by subdivision (a)
through the child's guardian ad litem or legal counsel.
SEC. 185. Section 11450.10 of the Welfare and Institutions Code is
amended to read:
11450.10. Whenever the department is informed pursuant to either
Section 857 or 1764.5 that a minor is being incarcerated for a
period of at least 30 consecutive days, the department shall
determine whether the minor is a part of a family for whom benefits
are being received pursuant to Section 11450. In any case where it
is determined that a child identified pursuant to this section is a
part of a family for whom aid is being received pursuant to Section
11450, the department shall notify the county welfare department in
the county in which the incarcerated youth resides prior to the first
day of the month following the receipt of the notification by the
Department of the Youth Authority or by the county juvenile hall or
other county juvenile facility.
SEC. 186. Section 14111.5 of the Welfare and Institutions Code is
amended to read:
14111.5. (a) As permitted by federal law or regulations, for
health care services provided in a long-term health care facility
that are reimbursed under this chapter, a nurse practitioner may, to
the extent consistent with his or her scope of practice, perform any
of the following tasks otherwise required of a physician and surgeon:
(1) With respect to visits required by federal law or regulations,
making alternating visits, or more frequent visits if the physician
and surgeon is not available.
(2) Any duty or task that is consistent with federal and state law
or regulation within the scope of practice of nurse practitioners,
so long as all of the following conditions are met:
(A) A physician and surgeon approves, in writing, the admission of
the individual to the facility.
(B) The medical care of each resident is supervised by a physician
and surgeon.
(C) A physician and surgeon performs the initial visit and
alternate required visits.
(b) This section does not authorize benefits not otherwise
authorized by federal or state law or regulation.
(c) All responsibilities undertaken by a nurse practitioner
pursuant to this section shall be performed in collaboration with the
physician and surgeon and pursuant to a standardized procedure among
the physician and surgeon, nurse practitioner, and facility.
(d) Except as provided in subdivisions (a) to (c), inclusive, any
task that is required by federal law or regulation to be performed
personally by a physician may be delegated to a nurse practitioner
who is not an employee of the long-term health care facility.
(e) Nothing in this section shall be construed as limiting the
authority of a long-term health care facility to hire and employ
nurse practitioners so long as that employment is consistent with
federal law and with the scope of practice of a nurse practitioner.
SEC. 187. A heading is added immediately preceding Section 14680
of the Welfare and Institutions Code, to read:
Article 5. Mental Health Managed Care
SEC. 188. Section 15640 of the Welfare and Institutions Code is
amended to read:
15640. (a) (1) An adult protective services agency shall
immediately, or as soon as practically possible, report by telephone
to the law enforcement agency having jurisdiction over the case any
known or suspected instance of criminal activity, and to any public
agency given responsibility for investigation in that jurisdiction of
cases of elder and dependent adult abuse, every known or suspected
instance of physical abuse of an elder or dependent adult. A county
adult protective services agency shall also send a written report
thereof within two working days of receiving the information
concerning the incident to each agency to which it is required to
make a telephone report under this subdivision.
(2) Only a written report of possible criminal activity, sent
within two working days, shall be required in the case of abuse other
than physical abuse.
(3) If an adult protective services agency receives a report of
abuse alleged to have occurred in a long-term care facility, that
adult protective services agency shall immediately inform the person
making the report that he or she is required to make the report to
the long-term care ombudsman program or to a local law enforcement
agency. The adult protective services agency shall not accept the
report.
(b) If an adult protective services agency or local law
enforcement agency or ombudsman program receiving a report of known
or suspected elder or dependent adult abuse involving physical abuse
determines, pursuant to its investigation, that the abuse is being
committed by a health practitioner licensed under Division 2
(commencing with Section 500) of the Business and Professions Code,
or any related initiative act, or by a person purporting to be a
licensee, the adult protective services agency or local law
enforcement agency or ombudsman program shall immediately report this
information to the appropriate licensing agency. The licensing
agency shall investigate the report in light of the potential for
physical harm. The transmittal of information to the appropriate
licensing agency shall not relieve the adult protective services
agency or local law enforcement agency or ombudsman program of the
responsibility to continue its own investigation as required under
applicable provisions of law. The information reported pursuant to
this paragraph shall remain confidential and shall not be disclosed.
(c) A local law enforcement agency shall immediately, or as soon
as practically possible, report by telephone to the long-term care
ombudsman program when the abuse is alleged to have occurred in a
long-term care facility or to the county adult protective services
agency when it is alleged to have occurred anywhere else, and to the
agency given responsibility for
the investigation of cases of elder and dependent adult abuse
every known or suspected instance of abuse of an elder or dependent
adult. A local law enforcement agency shall also send a written
report thereof within two working days of receiving the information
concerning the incident to any agency to which it is required to make
a telephone report under this subdivision.
(d) A long-term care ombudsman coordinator may report the instance
of abuse to the county adult protective services agency or to the
local law enforcement agency for assistance in the investigation of
the abuse if the victim gives his or her consent. A long-term care
ombudsman program and the Licensing and Certification Division of the
State Department of Health Services shall immediately report by
telephone and in writing within two working days to the bureau any
instance of neglect occurring in a health care facility, that has
seriously harmed any patient or reasonably appears to present a
serious threat to the health or physical well-being of a patient in
that facility. If a victim or potential victim of the neglect
withholds consent to being identified in that report, the report
shall contain circumstantial information about the neglect but shall
not identify that victim or potential victim and the bureau and the
reporting agency shall maintain the confidentiality of the report
until the report becomes a matter of public record.
(e) When a county adult protective services agency, a long-term
care ombudsman program, or a local law enforcement agency receives a
report of abuse, neglect, or abandonment of an elder or dependent
adult alleged to have occurred in a long-term care facility, that
county adult protective services agency, long-term care ombudsman
coordinator, or local law enforcement agency shall report the
incident to the licensing agency by telephone as soon as possible.
(f) County adult protective services agencies, long-term care
ombudsman programs, and local law enforcement agencies shall report
the results of their investigations of referrals or reports of abuse
to the respective referring or reporting agencies.
SEC. 189. Section 16576 of the Welfare and Institutions Code is
amended to read:
16576. (a) The department shall develop an implementation plan
for the Child Support Registry. The plan shall be developed in
consultation with county clerks, district attorneys, and the
appropriate policy committees of the Legislature. At the time of
implementation, the department shall inform each county clerk of that
fact. Each county clerk shall provide information to the statewide
registry at the Statewide Automated Child Support System which may
include a certified copy of the Child Support Order and Data Form and
the Order of Child Support Arrears, as appropriate.
(b) The department shall maintain a system for recording the data
from all Child Support Order and Data Forms and Orders of Child
Support Arrears received from the county court clerks.
(c) The department shall further provide access to the information
obtained from both the Child Support Order and Data Forms and Orders
of Child Support Arrears to the Judicial Council, representatives of
the Executive Branch, and Legislature for statistical analysis and
review.
(d) Any information maintained by the Statewide Automated Child
Support System from the Child Support Order and Data Forms and Orders
of Child Support Arrears forms received from county clerks shall be
provided to county district attorneys and others as provided by law.
(e) The requirements of this section shall become operative and
the department shall begin development of the statewide registry when
federal funds are available for all of the costs of the statewide
registry, or on April 30, 1996, whichever occurs first.
SEC. 190. Section 6 of Chapter 199 of the Statutes of 1994 is
amended to read:
Sec. 6. The State Department of Social Services shall adopt
regulations to implement this act in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of any emergency regulations that are filed with the
Office of Administrative Law within one year or other reasonable time
period up to 18 months after the effective date of this act shall be
deemed an emergency necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Regulations adopted
pursuant to this section shall remain in effect for not more than
120 days.
SEC. 191. Section 3 of Chapter 1140 of the Statutes of 1994 is
amended to read:
Sec. 3. It is the intent of the Legislature that the restrictions
in Section 4057.5 of the Family Code on considering the income of a
subsequent spouse or nonmarital partner is not subject to court
standardization, but is subject to judgment on a case-by-case basis.
It is further the intent of the Legislature that Section 4057.5 of
the Family Code prohibit the establishment or use of any formula or
local court guideline devised to determine when consideration of a
subsequent spouse or nonmarital partner's income is relevant.
SEC. 192. Section 19 of Chapter 1167 of the Statutes of 1994 is
amended to read:
Sec. 19. (a) Section 8 of this bill shall only become operative if
(1) both this bill and AB 3304 are enacted and become effective
January 1, 1995, (2) this bill adds Section 97.3 to the Revenue and
Taxation Code and AB 3304 amends Section 97.035 of the Revenue and
Taxation Code, (3) AB 413 is not enacted or as enacted does not amend
Section 97.035 of the Revenue and Taxation Code, and (4) this bill
is enacted after AB 3304, in which case Section 97.3 of the Revenue
and Taxation Code as added by Section 8 of this bill shall become
operative, and Section 97.3 of the Revenue and Taxation Code as added
by Sections 3, 8.3 and 8.5 of this bill shall not become operative.
(b) Section 8.3 of this bill shall only become operative if (1)
both this bill and AB 413 are enacted and become effective on January
1, 1995, (2) this bill adds Section 97.3 to the Revenue and Taxation
Code and AB 413 amends Section 97.035 of the Revenue and Taxation
Code, (3) AB 3304 is not enacted or as enacted does not amend Section
97.035 of the Revenue and Taxation Code, and (4) this bill is
enacted after AB 413 in which case Section 97.3 of the Revenue and
Taxation Code as added by Section 8.3 of this bill shall become
operative, and Section 97.3 of the Revenue and Taxation Code as added
by Sections 3, 8, and 8.5 of this bill shall not become operative.
(c) Section 8.5 of this bill shall only become operative if (1)
this bill, AB 3304, and AB 413 are all enacted and become effective
on January 1, 1995, (2) this bill adds Section 97.3 to the Revenue
and Taxation Code and AB 3304 and AB 413 each amend Section 97.035 of
the Revenue and Taxation Code, and (3) this bill is enacted after AB
3304 and AB 413, in which case Section 97.3 of the Revenue and
Taxation Code, as added by Section 8.5 of this bill shall become
operative, and Section 97.3 of the Revenue and Taxation Code as added
by Sections 3, 8, and 8.3 of the bill shall not become operative.
SEC. 193. Any section of any act enacted by the Legislature during
the 1995 calendar year that takes effect on or before January 1,
1996, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is 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, the
enactment of 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 that is
enacted by the Legislature during the 1995 calendar year and takes
effect on or before January 1, 1995, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.